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moridial

Newbie
Apr 30, 2014
1
0
Hi. I want to sponsor my wife to Canada via the family sponsorship program. It says if I've ever been convicted of a crime (violent, sexual, etc) I cannot sponsor her. Now, I've never been charged with anything, never been to court, never signed anything, never arrested, never read any rights, etc. etc.

I had the cops call me in for an incident that happened, and they wrote a note on my file about it (If you do a background check, it states there are no criminal convictions), but for 5 years if you did a check, it said I had "notable police activity", but no convictions. (and now states there is NOTHING in my history).

Like I said, no charges, no convictions, nothing like that, but still, a note on my file. After the cops talked to me (about a 10 minute chat or so), they sent me home and told me not to be dumb (Basically told me that, I was 19). I am 26 now. Do I have anything to worry about?

Sorry for the dumb question...
 
No. Everyone is innocent until proven guilty.
 
You mean the cops just called and invited you for a friendly chat at the station? There must have been something not good to warrant that. So you need to be forthcoming about that, as CIC may still learn of this when they do background checks.
 
I don't think it's a big deal because, I believe you're only inadmissible if:

-you were CONVICTED of an offense of a sexual nature or domestic violence
-you were CHARGED for an offense which carries a max imprisonment of 10 years+
-you are currently in jail

Neither of these apply to you.
 
If this affects your application in anyway, get a lawyer and take the cops to court. Your wife will get her PR and you will also get a nice settlement. I know a guy who sued the Vancouver police in small claims court because they arrested him for no reason (i believe the settlement was $10,000). False arrest is a crime. False arrest is actually considered assault. The only reason cops get away with it is because Canadians are too terrified and docile to even think about standing up for their rights. I fear for the next generation.
 
I don't think he'd be successful going to court anyway because for one, he was not arrested, just given a warning. And secondly, he wasn't falsely accused of the crime, he admitted to doing it.