Would a general customs violation in India considered an offence in Canada for citisenship application

[Riteshsharma]

Hi all,

I am a Canadian PR. I recently traveled to India. I failed to declare 2 iphones in India. It was considered a general customs violation and I had to pay duty fee and a fine with it. I paid both (around $1200)at the indian airport and got my phones back.

I am concerned if this will be considered as an offence for my citizenship application? Does any one here have any insights in regards to this scenario. Would I need to list this as a offence on my application?

I am not really sure if this would be considered a summary offence or indictible offence or would this even fall under any of those categories?

Thank you for your response.

 

[sachinsoman1988]

Not really experienced with this. With my limited view, what I have read is, as soon as you declare the violation, they will pull the equivalent of that violation in Canada. If that violation falls over 'Indictable offense' category, the applicant is deemed ineligible. I dont think things like failure to declare goods in customs comes under the category.


Indictable offences — These are more serious and include theft over $5,000, break and enter, aggravated sexual assault and murder. Maximum penalties vary and include life in prison. Some have minimum penalties.

https://www.canada.ca/en/services/immigration-citizenship/helpcentre/glossary.html#offence

 

[Riteshsharma]

Not really experienced with this. With my limited view, what I have read is, as soon as you declare the violation, they will pull the equivalent of that violation in Canada. If that violation falls over 'Indictable offense' category, the applicant is deemed ineligible. I dont think things like failure to declare goods in customs comes under the category.


Indictable offences — These are more serious and include theft over $5,000, break and enter, aggravated sexual assault and murder. Maximum penalties vary and include life in prison. Some have minimum penalties.

https://www.canada.ca/en/services/immigration-citizenship/helpcentre/glossary.html#offence

Thank you for your response. Should I still declare this even if it is not an indictable offense? According to the website it looks like they are only looking for indictable offense in the past 4 years.

 

[sachinsoman1988]

Thank you for your response. Should I still declare this even if it is not an indictable offense? According to the website it looks like they are only looking for indictable offense in the past 4 years.

Its almost a year that I applied and not sure what the application asks for. Is it asking for all violations in last 4 years? If yes, i will put it in.

 

[trk1]

Thank you for your response. Should I still declare this even if it is not an indictable offense? According to the website it looks like they are only looking for indictable offense in the past 4 years.

I don't think this has any impact at all, but not very sure. Maybe you should apply for a India PCC..and that will give details if any remarks at all. I guess good idea to get legal advise. All the best!

 

[myscanada]

Hi all,

I am a Canadian PR. I recently traveled to India. I failed to declare 2 iphones in India. It was considered a general customs violation and I had to pay duty fee and a fine with it. I paid both (around $1200)at the indian airport and got my phones back.

I am concerned if this will be considered as an offence for my citizenship application? Does any one here have any insights in regards to this scenario. Would I need to list this as a offence on my application?

I am not really sure if this would be considered a summary offence or indictible offence or would this even fall under any of those categories?

Thank you for your response.

I dont think it has any impact i dont think you need to mention it in your application either, this is not a criminal offence, meaning no break in or assault, etc,

thats my view, you would be better to take some legal advice, i dont think after you pay the fine, and duty its any issue.

 

[bluffmaster88]

Hi all,

I am a Canadian PR. I recently traveled to India. I failed to declare 2 iphones in India. It was considered a general customs violation and I had to pay duty fee and a fine with it. I paid both (around $1200)at the indian airport and got my phones back.

I am concerned if this will be considered as an offence for my citizenship application? Does any one here have any insights in regards to this scenario. Would I need to list this as a offence on my application?

I am not really sure if this would be considered a summary offence or indictible offence or would this even fall under any of those categories?

Thank you for your response.

It's not a problem. Generally, you are good as long as there is no FIR against you.