PLS HELP!! non conviction but with record of arrest

[kratos25]

hi everyone..

i was arrested here in canada charge with breaking and enter , and spousal assault last 23rd of june 2015, but the charges werent approved by the crown and so it was dropped.. my question is will i be able to secure a permanent residency? or will i be refused.?


and i got a nomination from the province of BC and i am currently trying to complete my application. pls help guys..

any input will help alot

:'( :'(

 

[SpoonRaccoon]

hi everyone..

i was arrested here in canada charge with breaking and enter , and spousal assault last 23rd of june 2015, but the charges werent approved by the crown and so it was dropped.. my question is will i be able to secure a permanent residency? or will i be refused.?


and i got a nomination from the province of BC and i am currently trying to complete my application. pls help guys..

any input will help alot

:'( :'(

Questions you need to answer to give you an accurate answer:

1 Were you charged?
2 Who pressed the charges? Spouse or local government?
3 What were the reasons of the dismiss?
4 Did they take your finger prints?

 

[kratos25]

Finger print and mug shot were taken .. I was charge here in bc Canada by the police or government but were later not approved by crown .. And I think reason for dropping the charges is it were not approved by crown ...

 

[SpoonRaccoon]

Here's something for your reference. I hope it helps.


If I was charged but the charges were dropped, will that affect my immigration application?
If you have been accused and charged with a crime and you were fingerprinted in Canada, or you attended at a Canadian criminal court, you do have a criminal record. Even if you were found not guilty, once you have been accused and charged with a criminal offence, a record does exist, and you must complete paperwork to have your record destroyed or sealed. It will not go away by itself. A criminal record will negatively affect your immigration application.


https://www.pardons.org/immigration/faqs/

 

[SenoritaBella]

I believe there is a question on the background form(IMM 5669) asking whether you have ever been charged or convicted, etc. You need to answer YES and provide details in the space provided. If you need more space, attach a separate sheet. Since you were not convicted, it should not affect your application. You may want to apply for a criminal record check from police just to see what comes up.

 

[kratos25]

Thanks guys ...

Anyone else pls who can give an opinion

Thanks in advance

 

[bellaluna]

I think you don't need police checks yet for BC PNP, but you'll need it for CIC.

But since you weren't charged with a criminal offense, you aren't in danger of inadmissibility, but it might give you extra homework during your PR application to provide details on it.

 

[xyca2015]

hi everyone..

i was arrested here in canada charge with breaking and enter , and spousal assault last 23rd of june 2015, but the charges werent approved by the crown and so it was dropped.. my question is will i be able to secure a permanent residency? or will i be refused.?


and i got a nomination from the province of BC and i am currently trying to complete my application. pls help guys..

any input will help alot

:'( :'(

Hi i was just reading your post?were u granted permanent residency despite having charges that were dropped..pls if you read this can u pls share more information..thank you

 

[Nav11]

Hi, I do have the same kind of Issue. I applied for my husband's open work permit which gets refused. And now, have again applied for his work permit. Before this, he went to Dubai on a visitor visa in 2019. He was also charged under dowry sections and was arrested but found not guilty and got acquitted. When he applied for his Dubai visitor visa and also once Italy visa, It was not mentioned in his application about his charges or court case, however, he told the consultant about the court case and charges. Now, he got his PCC done, where it is mentioned that an FIR was filed under these sections but he got acquitted. Now, the situation is that we did not mention this in his recent application. Should we ask for an apology not to mention this and disclose the information now to immigration with court decision copy and everything. I am also on an open work permit. Would disclose the information have an impact on my PR application?

 

[Taran D]

Hi, I do have the same kind of Issue. I applied for my husband's open work permit which gets refused. And now, have again applied for his work permit. Before this, he went to Dubai on a visitor visa in 2019. He was also charged under dowry sections and was arrested but found not guilty and got acquitted. When he applied for his Dubai visitor visa and also once Italy visa, It was not mentioned in his application about his charges or court case, however, he told the consultant about the court case and charges. Now, he got his PCC done, where it is mentioned that an FIR was filed under these sections but he got acquitted. Now, the situation is that we did not mention this in his recent application. Should we ask for an apology not to mention this and disclose the information now to immigration with court decision copy and everything. I am also on an open work permit. Would disclose the information have an impact on my PR application?

Of course you had done "MISINTERPRETION" and moreover it is there on PCC. It is better to disclose it as soon as possible. Did you got the court docs just now or did you had them as well when you were filling your application? Did I read consultant looking after your application, how could he do that knowing all this?

 

[Nav11]

He had his documents all the time, the case was registered in 2013 and he got acquitted in 2015. The record on his PCC like the charges was registered against him but got acquitted by the Hon'ble court. He had no idea about the expungement process. Now, we are thinking about the expungement to clear it from his record, this process requires filing a petition or case in court to expunge the information, and the lawyer in India said that the clear PCC could be provided meanwhile. If he gets the clear PCC, should we still disclose the information.

 

[Taran D]

He had his documents all the time, the case was registered in 2013 and he got acquitted in 2015. The record on his PCC like the charges was registered against him but got acquitted by the Hon'ble court. He had no idea about the expungement process. Now, we are thinking about the expungement to clear it from his record, this process requires filing a petition or case in court to expunge the information, and the lawyer in India said that the clear PCC could be provided meanwhile. If he gets the clear PCC, should we still disclose the information.

Still you had to disclose because it requires you going to court hence your record. They are saying so it will clear but once your PCC will be verified it will come up. So why nor be truthful and letting IRCC all the matter by your side. Every conviction is different in different country, being truthful is good rather than being banned. They could put you on criminal rehabilitation if they find it is worth and you would be good to go in some time.

 

[normie]

He had his documents all the time, the case was registered in 2013 and he got acquitted in 2015. The record on his PCC like the charges was registered against him but got acquitted by the Hon'ble court. He had no idea about the expungement process. Now, we are thinking about the expungement to clear it from his record, this process requires filing a petition or case in court to expunge the information, and the lawyer in India said that the clear PCC could be provided meanwhile. If he gets the clear PCC, should we still disclose the information.

Hey @Nav11 can you share what happened with your PR application and Work Permit application?