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Police Report Check and Misrepresentation

sabirah

Newbie
Aug 21, 2018
2
0
Last month I submitted my Express Entry profile with a CRS score of 440. Subsequently, I was invited to apply for my PR. All my documents are in order except:

My Police Report from Australia came back with the following record:
Court Date: 27 Sep 2011
Offense: Drive Vehicle Recklessly or in a Speed or Manner Dangerously
Court Result: $2000 AUD fine. Imprisonment 9 months suspended by way of good behaviour bond for 9 months. License disqualified for 2 years.

Canadian Equivalent of Offence:
https://en.wikibooks.org/wiki/Canadian_Criminal_Sentencing/Offences/Dangerous_Operation_of_a_Motor_Vehicle
or
http://laws-lois.justice.gc.ca/eng/acts/c-46/section-249.html

As per the CIC website, I can see that I could qualify for INDIVIDUAL REHABILITATION because 5 years has passed since the offense.

I did not know that I had this record in Australia because:
1) I have never had the need to apply for a police check before. This is my first time applying for a police check.
2) I was always under the impression, I had a traffic charge and not a criminal one because no one got hurt, and the offense was excessive speeding.
3) When the offense was committed, the police took my license and asked me to attend court as a judge needed to rule on my case. I was not told that I am a criminal.

Last year (in Feb 2017), I applied for a Tourist visa to Canada - which was granted and this visa is valid till Feb 2024. On this application, I answered 'NO,' to the question on having a criminal record - simply because I did not know about this offense.

Will this be a problem (or considered misrepresentation) when I submit my police check (and rehabilitation application) with my PR application?
 

EE456

Champion Member
Jul 4, 2018
1,095
448
Not really- This time answer yes and explain in LOE everything you've said here. That's the best you can do and hope for the best.
 

sabirah

Newbie
Aug 21, 2018
2
0
The below document is a guideline for case officers to deem criminal inadmissibility:
https://www.canada.ca/content/dam/ircc/migration/ircc/english/resources/manuals/enf/enf02-eng.pdf

Section 10.7 (of the above document) touches on on this subject and states the officers should only consider my application FOR PR when determining misrepresentation.

Should I tell the case officer that I misrepresented myself (by not stating my criminal record) on my tourist visa submission last year?
 
Apr 25, 2019
17
0
Did you get the PR approved ? I am also in the same boat. The only difference is that i got the traffic case in Bangladesh
 
Last edited:

kan7sh

Member
Apr 3, 2019
16
3
Last month I submitted my Express Entry profile with a CRS score of 440. Subsequently, I was invited to apply for my PR. All my documents are in order except:

My Police Report from Australia came back with the following record:
Court Date: 27 Sep 2011
Offense: Drive Vehicle Recklessly or in a Speed or Manner Dangerously
Court Result: $2000 AUD fine. Imprisonment 9 months suspended by way of good behaviour bond for 9 months. License disqualified for 2 years.

Canadian Equivalent of Offence:
https://en.wikibooks.org/wiki/Canadian_Criminal_Sentencing/Offences/Dangerous_Operation_of_a_Motor_Vehicle
or
http://laws-lois.justice.gc.ca/eng/acts/c-46/section-249.html

As per the CIC website, I can see that I could qualify for INDIVIDUAL REHABILITATION because 5 years has passed since the offense.

I did not know that I had this record in Australia because:
1) I have never had the need to apply for a police check before. This is my first time applying for a police check.
2) I was always under the impression, I had a traffic charge and not a criminal one because no one got hurt, and the offense was excessive speeding.
3) When the offense was committed, the police took my license and asked me to attend court as a judge needed to rule on my case. I was not told that I am a criminal.

Last year (in Feb 2017), I applied for a Tourist visa to Canada - which was granted and this visa is valid till Feb 2024. On this application, I answered 'NO,' to the question on having a criminal record - simply because I did not know about this offense.

Will this be a problem (or considered misrepresentation) when I submit my police check (and rehabilitation application) with my PR application?
Hello, can you please advise if your case was approved?