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Author Topic: Can I be denied immigration?  (Read 1555 times)
CanForu
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« on: July 10, 2009, 05:26:21 pm »

Hi!

I am a Norwegian citizen and wish to immigrate to Canada. I make 71 points in Skilled worker class. I have two cases on me. First case is: I imported medicine for anxiety and sleep, which is a legal drug here but only available on doctors prescription, and was unware that it is treated as narcotica here. So I got fine for that. Second case is of voyeurism, for which also I got fine. So wondering, can I be refused entry on the basis of this? Is this treated as serious criminality in Canada? The Police officer here told me that its not, and they also agreed, upon my request, that it wont be made visible on my police clearance certificate. Both cases were solved in police station, didnt have to go to court.

Thanks!
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Leon
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« Reply #1 on: July 10, 2009, 06:04:58 pm »

If it's not on your record, then I don't see how it will affect your immigration.  Scoring 67+ points is not enough though.  You have to fit one of the 3 categories as well, see http://www.cic.gc.ca/english/information/applications/skilled.asp

You can find the list of occupations for category 1 at http://www.cic.gc.ca/english/immigrate/skilled/apply-who-instructions.asp#list

You can find explanations of the job duties fitting each of the 4 digit job codes (NOC codes) at http://www5.hrsdc.gc.ca/NOC/English/NOC/2006/Welcome.aspx
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PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
CanForu
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« Reply #2 on: July 11, 2009, 11:38:52 am »

Hi, thanks for reply. Well, yes I do qualify for all that.

Its not on my record but in application form for background declaration one is asked to answer if one was ever convicted for anything. Then I suppose, I will have to say yes there? Right? 
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Leon
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« Reply #3 on: July 11, 2009, 12:28:36 pm »

But you were not convicted.  The problems were solved at the police station and did not go to court so you were not convicted.
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PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
PMM
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« Reply #4 on: July 11, 2009, 02:27:18 pm »

Hi Leon

But you were not convicted.  The problems were solved at the police station and did not go to court so you were not convicted.

But it really depends on the countries criminal code.  For example in the UK there is a "caution" where you admit the crime and a senior police officer administers a caution to you.  There is no court, but this is considered a conviction, because to receive the caution, you must admit the crime.  So if Finland has a similar criminal code, the OP may still be inadmissible.

PMM
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PMM
CanForu
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« Reply #5 on: July 12, 2009, 04:19:55 pm »

Lets assume if its considered conviction here, then does it make me inadmissible in canada? Lets say if I complete a masters degree from some canadian uni. Will that be of any help in immigration dept granting me admission?
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links18
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« Reply #6 on: July 13, 2009, 08:39:40 pm »

The skilled worker application isn't concerned only with convictions. It actually asks you if you have ever been "arrested, put in jail or detained." What does it mean to be "detained"?
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CanForu
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« Reply #7 on: July 14, 2009, 12:20:54 pm »

Application form for background asks about both, were you ever convicted, charged with, on trial for, party to a crime or offence, subject to any criminal proceedings, or detained/put in jail.

Should I keep any hope from the immigration officer? =) 
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Leon
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« Reply #8 on: July 14, 2009, 01:40:46 pm »

I don't think you were convicted but maybe charged with or at least a party to.
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PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
jugajagu
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« Reply #9 on: August 26, 2009, 07:47:34 am »

A friend of mine from Pakistan on visit visa was convicted for forgery (drivers licence) in u k he was sentenced for 6 months which reduced later to 3 months in appeal and after completion of his sentenced he was free in u k (not deported) but he went back to Pakistan by himself but when he tried to come back to  u k again on his valid visa he was not permitted to enter in u k because of his previous conviction and refused entry.
Now he wants to apply for Canadian immigration with his spouse what should he do can he apply?
should he mention in application about his conviction in u k or not   

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