Schedule 1 Background Declaration (IMM 0008 SCHEDULE 1)
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Author Topic: Schedule 1 Background Declaration (IMM 0008 SCHEDULE 1)  (Read 3646 times)
pedros
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Posts: 11
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Category........: CEC

« on: November 30, 2010, 12:22:03 am »

Question 9 of the above form there is the question:

Have you, or, if you are the principal applicant, any of your family members listed in your application for permanent residence in Canada, ever:

  • previously sought refugee status in Canada or applied for a Canadian immigrant or permanent resident visa or visitor or temporary resident visa

I am currently in Canada as temporary foreign worker on a work permit. I am not sure if this falls under a temporary resident visa, however my understanding is that this is a separate type of visa altogether?

I'd be grateful if anyone can help clarify what I should answer.

Thanks
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PMM
VIP Member
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Posts: 18440
Ratings: +715

« Reply #1 on: November 30, 2010, 12:38:54 am »

Hi

Question 9 of the above form there is the question:

Have you, or, if you are the principal applicant, any of your family members listed in your application for permanent residence in Canada, ever:

  • previously sought refugee status in Canada or applied for a Canadian immigrant or permanent resident visa or visitor or temporary resident visa

I am currently in Canada as temporary foreign worker on a work permit. I am not sure if this falls under a temporary resident visa, however my understanding is that this is a separate type of visa altogether?

I'd be grateful if anyone can help clarify what I should answer.

Thanks

The answer for you is yes, a work permit is a temporary resident visa, as a visitor visa, study permit, visitor permit.
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PMM
josel1999
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« Reply #2 on: January 06, 2011, 03:11:41 am »

Sir i have the same problem but in my case question

have you ever been convicted of, or are you currently charged with, on trial for, or party to a crime or offence, or subject of any criminal proceedings in any country?

My Case is..
A case has been filed against me on March 3, 2001, traffic accident. but case was dismissed  on october 21, 2001. I was also detained for questioning for 1 day at the time of the accident.


Question..
1. Is this applies (yes) to this question.
2. Is this also applies to my wife background declaration.



i wish you could answer my problem. thank you and more power.

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jes_ON
VIP Member
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Posts: 4572
Ratings: +155
Category........: CEC
Visa Office......: New York
App. Filed.......: 06-May-2010
AOR Received.: 13-Aug-2010
File Transfer...: 01-Mar-2011
Passport Req..: 30-Jun-2011
VISA ISSUED...: 12-Jul-2011 (received 25-Jul-2011)
LANDED..........: 03-Sep-2011

« Reply #3 on: January 06, 2011, 01:52:51 pm »

Sir i have the same problem but in my case question

have you ever been convicted of, or are you currently charged with, on trial for, or party to a crime or offence, or subject of any criminal proceedings in any country?

My Case is..
A case has been filed against me on March 3, 2001, traffic accident. but case was dismissed  on october 21, 2001. I was also detained for questioning for 1 day at the time of the accident.


Question..
1. Is this applies (yes) to this question.
2. Is this also applies to my wife background declaration.

i wish you could answer my problem. thank you and more power.

You don't say what you were charged with, but most traffic offenses are not criminal violations (they are regulatory, most of them).  Technically, you have not been convicted, nor are you currently subject to any criminal proceedings, so you could answer "no."  But if you want to be on the safe side, you can state what you were charged with and when, and the date that the charge was dismissed. 

As for your wife, was she also charged?  If not, then it does not apply to her.
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josel1999
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« Reply #4 on: January 07, 2011, 07:56:26 am »

Thank you ****jes_ON****

A enlightening opinion.

Charge case was - homicide through reckless imprudence. a 75 yr old male chassed by a dog and crossed the highway.
wrong place at wrong time.

is this question : have you ever been convicted of, or are you currently charged with, on trial for, or party to a crime or offence, or subject of any criminal proceedings in any country?

---- is this > currently subject of any criminal proceedings in any country

    to be sure it is a currently under proceedings, including my country.  sir is this right...


thank you so much for the opinion. Again thank you.
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josel1999
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« Reply #5 on: January 07, 2011, 08:06:45 am »

Just want to add and to make sure if my wife does not need to apply the (YES) answer in her background declaration question 9.

Have you, or, if you are the principal applicant, any of your family members listed in your application for permanent residence in Canada, ever:

been convicted of, or are you currently charged with, on trial for, or party to a crime or offence, or subject of any criminal proceedings in any country?

thank you...
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jes_ON
VIP Member
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Posts: 4572
Ratings: +155
Category........: CEC
Visa Office......: New York
App. Filed.......: 06-May-2010
AOR Received.: 13-Aug-2010
File Transfer...: 01-Mar-2011
Passport Req..: 30-Jun-2011
VISA ISSUED...: 12-Jul-2011 (received 25-Jul-2011)
LANDED..........: 03-Sep-2011

« Reply #6 on: January 07, 2011, 01:29:28 pm »

Just want to add and to make sure if my wife does not need to apply the (YES) answer in her background declaration question 9.

Have you, or, if you are the principal applicant, any of your family members listed in your application for permanent residence in Canada, ever:

been convicted of, or are you currently charged with, on trial for, or party to a crime or offence, or subject of any criminal proceedings in any country?

thank you...

Both the principal applicant (you?) and the person with the history need to declare it - If you are the PA, and your wife was not charged, then she need not put it on her background declaration.

If she is the PA, then you both should report it.
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jes_ON
VIP Member
*******

Posts: 4572
Ratings: +155
Category........: CEC
Visa Office......: New York
App. Filed.......: 06-May-2010
AOR Received.: 13-Aug-2010
File Transfer...: 01-Mar-2011
Passport Req..: 30-Jun-2011
VISA ISSUED...: 12-Jul-2011 (received 25-Jul-2011)
LANDED..........: 03-Sep-2011

« Reply #7 on: January 07, 2011, 01:34:09 pm »

Charge case was - homicide through reckless imprudence. a 75 yr old male chassed by a dog and crossed the highway.
wrong place at wrong time.

Yeesh, how tragic and horrible.  Alas, this would be a criminal charge. 

is this question : have you ever been convicted of, or are you currently charged with, on trial for, or party to a crime or offence, or subject of any criminal proceedings in any country?

---- is this > currently subject of any criminal proceedings in any country

    to be sure it is a currently under proceedings, including my country.  sir is this right...

I read it the same way that you do - they want to know about:
1) Convictions
2) CURRENT proceedings (outcome not yet determined).

Since neither apply to you, I think you do not have to put them on the application.  However, again, you could declare it anyway - but emphasize that the case was dismissed, no conviction.

Suggest you obtain your Police Clearance and see if anything is mentioned on it - if it is, then for sure, you will want to explain.



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