Spousal visa with old criminal conviction

[Tomywhite]

Hey all,
I'll try keep it short. I have recently had my fiance travel home to Canada as she missed her family too much.
We have been looking into visa options and it looks like the common law spousal visa is the best way.
Not sure if this is an issue though as just over 10 years ago I had 2 assault charges within a short time which led to the 2nd having a conviction recorded. I am worried this will hamper my efforts to get residency.
Even though they are over the 10 year period do you think I could or will still have problems? Thanks in advance.

 

[scylla]

Assume you will have to go through the rehabilitation process as part of your PR application. This will likely lead to longer processing times for your application - but should not stop the application from being approved.

Note that an ETA is likely to be refused until rehabilitation is approved (you require an ETA to come to Canada as a visitor).

Make sure you are 100% honest about your charges and convictions in any application to Canada.

 

[Tomywhite]

I visited Canada in 2016 and was unsure of my conviction at the time as it was so long ago and did not declare the conviction. I now have the report and I can see it needs to be declared. That eta is still current so I will need to do another I am guessing with the information on it. I am worried this will also cause me big problems...
Thank you Scylla.

 

[scylla]

You definitely should have declared the conviction in the ETA application. Failing to do so was misrepresentation (if caught, you would have been banned from Canada for five years). You need to make sure you are 100% honest in the PR application since the background checks are far more thorough and any misrepresentation will most certainly be caught. As long as you are 100% honest - you should be fine - although I would expect processing to take longer.

I'm not sure I would use the 2016 ETA again given it was obtained fraudulently.

 

[Tomywhite]

Ok thank you for your advice and I will do my best.

 

[Tomywhite]

One last question about that eta, in the application for a new eta it is asked if you have applied for one before and if granted you need to supply the unique number. Here The question may be asked and then dealt with as you speak with the penalty? Should I declare that eta?

 

[scylla]

One last question about that eta, in the application for a new eta it is asked if you have applied for one before and if granted you need to supply the unique number. Here The question may be asked and then dealt with as you speak with the penalty? Should I declare that eta?

Absolutely. Never lie in a visa application. You must declare that you have previously applied for an ETA.

 

[sysirrs]

Hello, I have the same situation. My husband has old criminal record which passed 10 years and it was about 500 dollar fine. When he applied ETA he did not declare conviction and now I am applying pr for canada and don't know what to say in background declaration for my husband. Could you share what to write to immigration ? Just simply explained that I did not know when he apply for ETA? honestly he did not know he was supposed to declare