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Author Topic: immigration with dependent applicant with criminal record  (Read 750 times)
immigration_required
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« on: December 06, 2010, 03:11:36 pm »

Could anybody Please let me know what happens if

the dependent of the primary applicant has a minor criminal record. Does it effect the primary applicant too? Please help......
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Baloo
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« Reply #1 on: December 06, 2010, 03:37:58 pm »

It can do, what is the conviction for?

Something minor outside of Canada can be major for immigration.
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Hoping for an immigration stream for everyone with this tattoo on their thigh
I provide opinions drawn from experience - I am not a lawyer. Questions? - Check Immipedia http://immipedia.ca
immigration_required
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« Reply #2 on: December 06, 2010, 04:08:38 pm »

shoplifting but happened only once 6 years ago
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rjessome
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« Reply #3 on: December 06, 2010, 04:13:06 pm »

How old was the dependant when the offence occurred?
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immigration_required
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« Reply #4 on: December 06, 2010, 04:20:58 pm »

22 years old
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Baloo
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« Reply #5 on: December 06, 2010, 04:24:00 pm »

Normally an inadmissible child would mean you are inadmissible. But there may be ways around this if he is 22, or older because I believe at that age he is no longer a dependent.


Try reading this thread it may be useful.
http://www.canadavisa.com/canada-immigration-discussion-board/dependant-child-not-accompanying-to-canada-t33146.0.html

You may need these later.


Have you been through http://www.cic.gc.ca/english/visit/faq-inadmissibility.asp
and
http://www.cic.gc.ca/english/visit/conviction.asp
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Hoping for an immigration stream for everyone with this tattoo on their thigh
I provide opinions drawn from experience - I am not a lawyer. Questions? - Check Immipedia http://immipedia.ca
immigration_required
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« Reply #6 on: December 06, 2010, 04:32:02 pm »

dependent is not the child but the wife...
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Baloo
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« Reply #7 on: December 06, 2010, 04:32:38 pm »

Sorry...
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Hoping for an immigration stream for everyone with this tattoo on their thigh
I provide opinions drawn from experience - I am not a lawyer. Questions? - Check Immipedia http://immipedia.ca
Baloo
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« Reply #8 on: December 06, 2010, 04:33:39 pm »

Are you applying for family sponsorship or something else?


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Hoping for an immigration stream for everyone with this tattoo on their thigh
I provide opinions drawn from experience - I am not a lawyer. Questions? - Check Immipedia http://immipedia.ca
rjessome
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« Reply #9 on: December 06, 2010, 04:44:43 pm »

Theft is an indictable offence under the Criminal Code of Canada which makes her inadmissible.  She needs to apply for rehabilitation.  5 years must have elapsed from the time she has completed her sentence (i.e. probation, paid a fine, etc.) in order for her to be eligible.  I'm guessing you don't want to immigrate to Canada without her!  Read the following and good luck.

http://www.cic.gc.ca/english/information/applications/rehabil.asp
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immigration_required
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« Reply #10 on: December 06, 2010, 05:33:17 pm »

What if it is a conditional discharge because it was her first offense?
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Baloo
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« Reply #11 on: December 06, 2010, 05:52:27 pm »

In the UK a conditional discharge becomes "spent" under the Rehabilitation of Offenders Act after a period of time. But the conviction remains on record for ever.
Looks like rehabilitation is what you need as indicated by rjessome.
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Hoping for an immigration stream for everyone with this tattoo on their thigh
I provide opinions drawn from experience - I am not a lawyer. Questions? - Check Immipedia http://immipedia.ca
angelbrat
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« Reply #12 on: December 07, 2010, 09:10:37 am »

Was it a caution or was she actually charged?

In the UK, for a first offense shop lifting charge, usually a caution is given, unless there are other criminal activities in the past.

If it was a caution she was given, although this will be on her police record, it will not effect her family sponsorship immigration, as Canada is only concerned with crimes that the offender has been charged with.

If, however she was charged, as others have stated she will need to be rehabilitated. This should be no problem if the crime was 6 years ago, it will just add a little more time to the application process.
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