Car accident history

[KKUMAR14]

Hello all,
I am applying for visitor visa for my FIL. He had a car accident in 2015, with minor injuries to the other party. The case was closed in 2016, He was convicted and fined 1700 INR. He dint fight the case as the fine was low and agreed to pay that.
He got his police clearance certificate, and the case is not mentioned in it.
It says "It is certified that there is no adverse information again Mr ...which would render him ineligible to travel to Canada".

Should I mention this in the visitor visa form IMM5257e which asks "Have you ever committed any crime?"?
Please advice me how to proceed.

 

[Bryanna]

Hello all,
I am applying for visitor visa for my FIL. He had a car accident in 2015, with minor injuries to the other party. The case was closed in 2016, He was convicted and fined 1700 INR. He dint fight the case as the fine was low and agreed to pay that.
He got his police clearance certificate, and the case is not mentioned in it.
It says "It is certified that there is no adverse information again Mr ...which would render him ineligible to travel to Canada".

Should I mention this in the visitor visa form IMM5257e which asks "Have you ever committed any crime?"?
Please advice me how to proceed.

Was he arrested or charged? If yes, what were the charges?

Any DUI?

 

[KKUMAR14]

He was not arrested, but had to go to police station for inquiry .

No DUI.
Charged with rash driving causing bodily injuries .

 

[Bryanna]

He was not arrested, but had to go to police station for inquiry .

No DUI.
Charged with rash driving causing bodily injuries .

It seems your dad may be criminally inadmissible currently because he was convicted for charges of careless driving and causing bodily harm

 

[KKUMAR14]

But his Police clearance certificate doesnt mention anything. Doesnt that mean it is not considered a criminal offence?

 

[Bryanna]

But his Police clearance certificate doesnt mention anything. Doesnt that mean it is not considered a criminal offence?

No idea why his PCC does not state these charges and conviction. It would have been different if the charges were dropped and the matter had never gone to court.

However, a case was filed + he paid a penalty. These are equivalent to careless driving in Canada, and thus, would make him criminally inadmissible

 

[KKUMAR14]

What do you suggest I should do?
What if I do not mention it, since its not there in PCC?

 

[Bryanna]

What do you suggest I should do?
What if I do not mention it, since its not there in PCC?

Not declaring this fact is misrepresentation. It can also come back later to cause issues if you apply for PGP PR for your dad, for example.

Maybe the PCC does not state this case because he applied from another city/state, or else the police records are not stored in a central repository. No idea again why this case did not affect his vehicle insurance.

You may want to consult an immigration lawyer (not an immigration consultant) before he applies for a TRV

 

[APPNOV2014NY]

No need to declare this. As long as PCC is clear you are good. Also, cases for accidents would be considered civil cases and not criminal cases.

 

[Bryanna]

No need to declare this. As long as PCC is clear you are good.

Not good advice.

Also, cases for accidents would be considered civil cases and not criminal cases.

Again, this is incorrect. FYI "rash driving" and causing injury to someone else is a criminal offence in India which is punishable under Section 279 of the Indian Penal Code (IPC). It is not a civil case.

This "rash driving" coupled with the fact that the OP's father was charged, convicted and paid a fine for causing body harm is equivalent to "careless driving" in Canada.... and hence, would make him criminally inadmissible.

She must certainly consult an immigration lawyer before her dad applies for a TRV

 

[Buletruck]

Failing to exercise reasonable care in the operation of a motor vehicle is an offence. The maximum penalty is a fine of $2,000 and five years in jail. If you are charged and convicted of dangerous driving causing bodily harm, the penalty can be up to 10 years in jail and the court may issue an order prohibiting you from operating a motor vehicle for a period of up to 10 years. In addition, the vehicle you are driving at the time will be seized and impounded for 30 days. If you are charged and convicted of dangerous driving causing death, the penalty can be up to 14 years in jail.

Failure to mention would be a really bad idea......