Immigration to Canada with criminal records?
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Author Topic: Immigration to Canada with criminal records?  (Read 1047 times)
DaveP
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« on: July 15, 2013, 06:16:22 pm »

Hey guys,

I'm thinking about moving to Canada, but.. I have criminal records. I know it doesn't sound good and how the hell I even think about moving to other country with criminal record but..

I've been charged with 3 ( fraud ) crimes when i was underage. ( 15 years old, and 16 years old ) I never been in prison/jail, and every police officer/ interrogation officer described me as a guy with good characteristics. Also, I've been convicted for every crime, because I pleaded guilty( only to police officers ). I've been very young, and very interested in 'business ideas' which led to fraud charges. Honestly when I found out that because of my action other human being had financially  loss I paid back every single penny even before police asked me to come to police station. For 1st crime I received warning, for 2nd also warning and for 3rd crime I had fine of 100gbp~ because under the law they can't give you warning again. I never ever been asked come to the court. Every crime was related to money exchanging, I was buying virtual money and selling for profit, turned out that my bought virtual currency was obtained fraudulently and police never found who actually did this. Also, there is evidence ( skype chats ) that I was buying that currency.

Right now, I'm 22 years old kid with clean criminal record ( since 16 years old ), no parking tickets or traffic violation tickets.I've graduated from school and my exams results were greater than average. I also finished 3 year course in college(uk).

So my question.. Will I need to fill any papers for "pardons", rehabilitations or the process is much easier that crimes were committed when I was under 18?  I also talked with couple lawyers from Canada both of them said that nobody would have tried to charge me as a adult based on my circumstances.

Thanks!
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zardoz
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« Reply #1 on: July 16, 2013, 02:22:54 am »

Just a couple of questions...

1) have you worked through the information on this web page? http://www.cic.gc.ca/english/information/inadmissibility/

2) Under which program were you considering coming to Canada? (are you eligible?)

The way it works is that CIC compare the offence abroad with the equivalent Canadian offence, regardless of the punishment level abroad. if the Canadian law gives a maximum punishment beyond a certain level, then it's a whole new ball game. Here is the legal information for "fraud". (http://laws-lois.justice.gc.ca/eng/acts/C-46/page-180.html#h-105)

Quote
Fraud

380. (1) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service,
(a) is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence exceeds five thousand dollars; or
(b) is guilty
(i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or
(ii) of an offence punishable on summary conviction,
where the value of the subject-matter of the offence does not exceed five thousand dollars.

Marginal note:Minimum punishment

(1.1) When a person is prosecuted on indictment and convicted of one or more offences referred to in subsection (1), the court that imposes the sentence shall impose a minimum punishment of imprisonment for a term of two years if the total value of the subject-matter of the offences exceeds one million dollars.
Marginal note:

So, the BIG question for you is, how much was the "subject-matter" in your case(s).
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DaveP
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« Reply #2 on: July 27, 2013, 03:29:34 pm »

Just a couple of questions...

1) have you worked through the information on this web page?

2) Under which program were you considering coming to Canada? (are you eligible?)

The way it works is that CIC compare the offence abroad with the equivalent Canadian offence, regardless of the punishment level abroad. if the Canadian law gives a maximum punishment beyond a certain level, then it's a whole new ball game. Here is the legal information for "fraud".

So, the BIG question for you is, how much was the "subject-matter" in your case(s).

1. I have. Yes.

2. I have couple options and and yes I'm eligible to immigrate to Canada if I'm deemed rehabilitated.

The subject-matter... If it's about victim loss/money, it was well under $5,000 and every penny was paid back even before Police took action.

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zardoz
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LANDED..........: 09-11-2013

« Reply #3 on: July 27, 2013, 03:44:57 pm »

Then, you should be good to go... Good luck!
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DaveP
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« Reply #4 on: July 27, 2013, 04:28:46 pm »

I
Then, you should be good to go... Good luck!

Thanks.

I've spoke with lawyer and he said it can be a problem because of multiple convictions so he'll follow up with more information about this next week.
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caipsfasttracker
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« Reply #5 on: July 28, 2013, 07:15:14 am »

I would also look into the prospects of applying for certificate of rehabilitation or pardon in your country of origin if possible. As there is a chance depending on what the offence was one will require a certificate authorized by the Minister of Immigration allowing you into Canada. Let us know Smiley
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DaveP
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« Reply #6 on: October 14, 2013, 06:48:09 pm »

Hey.

I'm admissible to Canada guys. I just got back from my 3rd Canada trip! Couple months ago I had free tickets ( business trip ) to Toronto, so I took the risk, without talking to Canadian embassy I flew straight to Toronto and then long talk with Immigration officer started...

I had plenty of documents, from case files to Canada's immigration lawyer opinions ( 3 opinions from 3 different lawyers, one from Quebec and other lawyers from Toronto ).

I can say that Immigration interview went pretty smoothly, just took some time, as immigration officer's supervisor called in the guy who knows Canada's law and he compared my 'convictions' with Canada's criminal code act. It turned out that I had only 1 warning and 1 conviction ( fine ) as the other warning was actually 'case dismissed'. Immigration officer decided not even look at this warning as this was really small and paid all attention to this conviction, which ( as this law guy said ) under criminal code of Canada, Section cc. 380.(1)(b) I should be punished by a term of imprisonment up to 2 years, however by reading my circumstances, and the actually case(s) severity - he said that max I would get here in Canada was summary conviction. ( but most likely I would have been told to maintain peace and good behaviour by court.)  He was even surprised that police actually took action against me, but I explained them the at that time my family had no money to hire good lawyer to try get charges dropped.

After legal opinion from border security own lawyer, immigration officer started reading my other papers. I had references about my characteristics from school, college, couple friends, my employers ( 2 ) and even police officer who charged me. I also had my school exam results, A level exam ( post-secondary school education ) results. After checking all those misc papers, he called my friend who lives in Quebec ( still have no idea why he called him. probably just to check if I'm not lying ) and then he spoke to my business partner who was waiting in the airport.   After checking all papers, opinion he went to talk with supervisor about my decision, I waited for the 30(!) mins and he came in and said that they're letting me in without any conditions. I asked him if I'll be admissible to Canada for the next time, he said yes, absolutely, unless you commit new crime.

That was stressful experience, felt like I was a prisoner, but well.. Smiley

2nd time I flew to Toronto for vacation with my family, I checked on declaration card that I have criminal conviction they stopped me ( hah! ) checked computer, asked what I'll do here and then let me in. It was quick, took only 10 minutes ( they were checking my luggage again! )

For the 3rd time ( that was last week ) I went to Canada as I was looking for the place to study ( canada's law says you need to be clean to get study permit, but if you were deemed or assessed by immigration officer, then I can apply for any federal program, as their computer will show I'm assessed by immigration officer and I'm admissible to Canada. I checked that I have criminal conviction on declaration card but they haven't even asked any questions!!

This is my immigration experience. :-)

P.S. Immigration officer told me that he saw a lot of people with criminal convictions from their youth and many of them were admissible to Canada, unless they had some serious conviction which in Canada you would be charged as an adult.


EDIT: I also been told in Canada, my charges should have been dropped as I paid back every penny and the case against me wasn't that strong to prosecute me.
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DaveP
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« Reply #7 on: October 14, 2013, 07:00:15 pm »

I would also look into the prospects of applying for certificate of rehabilitation or pardon in your country of origin if possible. As there is a chance depending on what the offence was one will require a certificate authorized by the Minister of Immigration allowing you into Canada. Let us know Smiley

There is no certificate of rehabilitation or pardons in my country. If you get convicted as a juvenile in my country for not serious offence - your record will be clean after 1.5 years. Smiley
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SenoritaBella
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« Reply #8 on: October 14, 2013, 07:16:18 pm »

It certainly pays to be well organized and prepared. I think that worked favorably for you. They didn't have to do a lot of 'leg work' to verify or confirm information. Good for you.

Which declaration card is this that asks if you have a criminal conviction? I filled one out last month but can't recall seeing that question. lol
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