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Property Default is an Offence?

gregmah

Star Member
Mar 17, 2014
60
2
Hello

I need one advise. My friend in Toronto has received the oath letter on which prohibition act form is attached

He has a property in middle east and he is a defaulter and ban to enter that country...

is this an offence as per the form? Is that stop him getting the citizenship?

I told him that it is not but he is worried...
 

CanadianCountry

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From what you have mentioned, its not an offence for which an applicant would be concerned.

gregmah said:
Hello

I need one advise. My friend in Toronto has received the oath letter on which prohibition act form is attached

He has a property in middle east and he is a defaulter and ban to enter that country...

is this an offence as per the form? Is that stop him getting the citizenship?

I told him that it is not but he is worried...
 

NN74

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Jun 8, 2013
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Yes, in my view as property default means bank loan default. Let him consult a lawyer to avoid future misrepresentation charges.

gregmah said:
Hello

I need one advise. My friend in Toronto has received the oath letter on which prohibition act form is attached

He has a property in middle east and he is a defaulter and ban to enter that country...

is this an offence as per the form? Is that stop him getting the citizenship?

I told him that it is not but he is worried...
 

neutral

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Mar 19, 2015
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To avoid any future problems, tell your friend to declare that to CIC so in the future they can't accuse him of not having declared it.
 

gregmah

Star Member
Mar 17, 2014
60
2
Hi

But he signed the same form at the time of test also and did not declare anything but he get again the same form. Do not know that this is a normal document for oath which comes with the invitation letter...
 

NN74

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Jun 8, 2013
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Just imagine, if you are a bank loan defaulter here in Canada....there's process to declare or file bankruptcy & some repercussions associated with it too. So as anywhere around the globe, deal with the bank, hand over property officially and get clearance in order to get Police clearance from that country!

Any document/oath your friend is signing should state facts & true statements otherwise all included in misrepresentation, which is an offence. So take every precaution, if you could!


gregmah said:
Hi

But he signed the same form at the time of test also and did not declare anything but he get again the same form. Do not know that this is a normal document for oath which comes with the invitation letter...
 

gregmah

Star Member
Mar 17, 2014
60
2
NN74 said:
Just imagine, if you are a bank loan defaulter here in Canada....there's process to declare or file bankruptcy & some repercussions associated with it too. So as anywhere around the globe, deal with the bank, hand over property officially and get clearance in order to get Police clearance from that country!

Any document/oath your friend is signing should state facts & true statements otherwise all included in misrepresentation, which is an offence. So take every precaution, if you could!
On the declaration, will he get the passport?
 

torontosm

Champion Member
Apr 3, 2013
1,677
261
gregmah said:
Hello

I need one advise. My friend in Toronto has received the oath letter on which prohibition act form is attached

He has a property in middle east and he is a defaulter and ban to enter that country...

is this an offence as per the form? Is that stop him getting the citizenship?

I told him that it is not but he is worried...
Defaulting on a mortgage in the Middle East is a criminal offence, so he should definitely disclose it truthfully. If he tries to hide it, he risks having his citizenship revoked AT ANY POINT in the future for misrepresentation.
 

NN74

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Jun 8, 2013
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Upon declaration of this, I assume, his application would be subject to deep security checks.

What could be the outcome: (1) he will be asked to bring Police Clearance Certificate from said country (2) CRA will investigate his returns for reporting/hiding such mortgage (3) CIC could evaluate his Police clearance certificate submitted during PR application process & review or finally (4) Bank loan clearance letter.

If somehow, he gets Canadian citizenship/passport, his fate would be hanging always for misrepresentation/hiding a criminal act. So better consult a lawyer before making any move!

gregmah said:
On the declaration, will he get the passport?
 

CanadianCountry

Hero Member
Jan 26, 2011
567
23
Category........
Job Offer........
Pre-Assessed..
App. Filed.......
02-02-2010
Doc's Request.
16-03-2010
AOR Received.
24-07-2010
File Transfer...
24-03-2010
Med's Request
Yes
Med's Done....
Yes
Passport Req..
Yes
VISA ISSUED...
Yes
LANDED..........
Yes
Torontosm,
Do you have a source of the information on mortgage default being a criminal offence in middle east.

torontosm said:
Defaulting on a mortgage in the Middle East is a criminal offence, so he should definitely disclose it truthfully. If he tries to hide it, he risks having his citizenship revoked AT ANY POINT in the future for misrepresentation.
 

on-hold

Champion Member
Feb 6, 2010
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CanadianCountry said:
Torontosm,
Do you have a source of the information on mortgage default being a criminal offence in middle east.
Obviously it varies by country -- but I believe this is generally true. When Dubai's economy hit the skids a few years back, I remember reading stories of Westerners who couldn't make their car payments going to jail, or being unable to get permission to leave the country. A lot of broke expatriates fled the country secretly, and their cars clogged the airport parking lot.

However -- CIC normally judges criminality by Canadian criteria. Normally that works against applicants, who find that a simple drunk driving conviction, a minor affair in Thailand or Russia, is a serious matter, here. For instance, blasphemy, sodomy, and witchcraft are also real crimes in a lot of backwards places, like Alabama or Saudi Arabia -- but I believe that if you were accused of blasphemy in one of those places CIC would not care. Being accused of lese majesty in Thailand (worthy of up to 15 years in jail), will not result in Canada looking at you twice. I don't think that having your debt criminalized will matter to CIC. If, however, the money you owe is a result of a fraud conviction, that might be different.

Of course the observation that it's best to be up front is always true.

And of course, everything I've written here is speculative. There will be times that CIC cares, and times that it doesn't -- a good lawyer would be the only way for your friend to deal with this, or put their mind at ease.
 

torontosm

Champion Member
Apr 3, 2013
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261
CanadianCountry said:
Torontosm,
Do you have a source of the information on mortgage default being a criminal offence in middle east.
Yes, I lived there and worked as a banker, and as such, am well aware of the laws. When you take a mortgage, the bank holds a security cheque for the entire mortgage amount. When you default on a payment, the bank attempts to cash the cheque. The cheque naturally bounces, which is a criminal offence, and the bank then uses this to file a criminal case against the defaulter. If you google it, you'll see hundreds of articles of absconders being arrested while trying to enter or leave the country due to such cases.
 

neutral

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gregmah said:
On the declaration, will he get the passport?
Yes, because there are different institutions. He has to declare the default offence to CIC. Passports are made in a different government department.