International experience canada - clean police check but been arrested help pls

[yepyep]

Hi, so basically i have applied and been conditionally accepted and paid the fee for the IEC temporary work visa. My police check was totally clean (no trace) however i answered all questions on the visa application honestly (i have been arrested for drunk and disorderly 4 and a half years ago, but no conviction just an £80 fine and sent on my way)

basically since it was accepted and sent to the london office i have received an email saying

“Regarding answer 'yes' to section 3 of background information (page 4) of work permit application form: provide details of all instances in which you have committed, been arrested for or charged with any criminal offence in any country, plus personal explanation of event(s)  (e.g. charge/warning/reprimand/caution /conviction/non-conviction) plus Memorandum of Conviction (if applicable), obtainable from the court.”

All i was wondering is this going to ruin my visa application when i send the details? or is the non conviction and one and only arrest going to be ok? my plan is to write a full letter explaining the event in detail (i witnessed an attack and the police arrested the wrong person, and i tried to stress that the attacker had left the scene but they wouldnt listen to me, and being drunk, i kept talking and got arrested...)

Im so scared now that my application might be overturned because of this, but i have no criminal record and it was a total one off more than 4 and a half years ago, and since then i have studied and gained a degree etc. Have people been accepted or turned down for one arrest and no conviction before?

Any help / experience input would be GREATLY appreciated...

Thank you in advance!

[rjessome]

You are fine.  This charge is covered provincially and not by the Criminal Code of Canada so it is not an act of parliament.  They compare offences committed in other countries agains the CCC to decide admissibility.  So it's not considered a criminal offence for immigration purposes.

[yepyep]

thank you! that is a load off my mind. im literally just about to head down the post office now and send the letter. it pretty much just explains what happened/why i was arrested and the dates/times etc, and i also put i was given no criminal record/conviction.

hopefully get my visa soon then! cheers mate

[tigermom250]

You are fine.  This charge is covered provincially and not by the Criminal Code of Canada so it is not an act of parliament.  They compare offences committed in other countries agains the CCC to decide admissibility.  So it's not considered a criminal offence for immigration purposes.

Be careful because if the crime was committed in Canada, which is how they compare the offenses, you could be charged under  175 of the Canadian Criminal Code. 

[rjessome]

Be careful because if the crime was committed in Canada, which is how they compare the offenses, you could be charged under  175 of the Canadian Criminal Code. 

It would depend on how the police officer wanted to pursue it.  Even then, it's a summary conviction, not hybrid or indictable so unless they were convicted of two summary offences not arising out of the same occurance, it would not make them criminally inadmissible.

[angelbrat]

Convicted is the word. As you were not convicted, that is you did not stand before a judge, you should have no problem at all. I have a UK police caution on my record. When I applied for my PR, I wrote a detailed explanation, concerning the situation. My application Inland was completed from start to finish in less than 8 months, so had no bearing at all.

Hope that helps....

[yepyep]

cheers everyone, i got arrested in england, and it was in 2006, and my immigration police check certificate came back no trace so by the sounds of it i should be ok. i wrote a letter explaining what had happened and sent it off so i just have to wait and see now. it would be the worst thing in the world if i got denied because of this

[tigermom250]

You have to be careful with UK Police Clearances, they can come back with no trace or no live trace.  The UK has a system where old offences are not listed on your certificate, however it will say no live trace which implies that there was an old conviction.

[yepyep]

You have to be careful with UK Police Clearances, they can come back with no trace or no live trace.  The UK has a system where old offences are not listed on your certificate, however it will say no live trace which implies that there was an old conviction.

mine just says no trace, but in the forms i had to fill in on the visa application it said have i ever been arrested and i answered yes, even though there was nothing on the certificate, as i know that if i had said no and they find out i had been then thats misrepresentation and i could be banned from canada. so i guess they just wanted to know what the arrest was for and in what country, but iv sent the letter off and all should be sweet hopefullllllyyy

[tigermom250]

I hope all goes well, but as is the case with all criminal matters it is always best to consult with a lawyer to be sure.