Do they do criminal background checks

[Mrs.Purcy]

I have a feeling they do. But my husband got arrested with assault last summer and he turned himself in immediately. It was honestly nothing but he got bailed out did anger management on his own accord, and he got handed with a conditional discharge of a peace bond which will expire in September. Will this effect his ability to get PR through my sponsorship? Out of curiosity. Should he answer truthfully on the forms where it asks if he has been to jail? He doesn't have a criminal record but he does have a peace bond..

 

[uskyoot]

You haven't even started your application and already your asking if you should tell the truth..

 

[rhcohen2014]

yes, a background/police check is required for the applicant to submit. in the US, an FBI criminal background check is needed and fingerprints are required for this. As for what's acceptable and what's not, that is up to CIC. I do know that if the crime "equates" to a criminal offense in Canada, then the person can be inadmissible to enter, and needs to ask for rehabilitiation or permission to enter. i'm not sure anyone on this forum can tell you exactly how the offense your husband has on his record will be handled by CIC. I believe for sponsors, they do a criminal check once the application is in, though i don't know if this is true or not.

and yes, ALWAYS ALWAYS tell the truth. They are going to find out anyway, so if you tell the truth upfront, it looks better for you. If you lie, then you will have bigger problems.

 

[MofC2014]

In addition to the police certificates the applicant submits CIC does their own background/criminality checks (if your spouse is in Europe, they will check his specific country, EU, interpol, and any other agencies) therefore hiding it will only make things worse. Before you apply i would suggest you find out what his crime equates to in the Canadian Criminal Code.

Note that on the forms you and your spouse sign you authorize for the release of all information by all worldwide agencies to CIC, and background/criminality is the last thing CIC would skip.

 

[Mrs.Purcy]

yes, a background/police check is required for the applicant to submit. in the US, an FBI criminal background check is needed and fingerprints are required for this. As for what's acceptable and what's not, that is up to CIC. I do know that if the crime "equates" to a criminal offense in Canada, then the person can be inadmissible to enter, and needs to ask for rehabilitiation or permission to enter. i'm not sure anyone on this forum can tell you exactly how the offense your husband has on his record will be handled by CIC. I believe for sponsors, they do a criminal check once the application is in, though i don't know if this is true or not.

and yes, ALWAYS ALWAYS tell the truth. They are going to find out anyway, so if you tell the truth upfront, it looks better for you. If you lie, then you will have bigger problems.

We don't plan on lying. We just don't know how to answer the question. He was arrested but he does not have a criminal background because of the conditional discharge of a peace bond. I did look it up and I read that he is admissible. Now as a sponsor I have no criminal background, never gotten into trouble with the law, never been to jail none of that. I am squeaky clean so things should be a-okay on my end. He doesn't have a criminal record here where he is from in Europe but in Canada he just has a peace bond which means no criminal record, he just has to keep the peace and it will be clear in September this year.

I just wanted feedback on how he should answer that question or whatnot. No judgements please, just advice that's all! And we are not in the us nor do we plan on heading there anytime soon so I don't think that applies to us haha.

 

[Mrs.Purcy]

In addition to the police certificates the applicant submits CIC does their own background/criminality checks (if your spouse is in Europe, they will check his specific country, EU, interpol, and any other agencies) therefore hiding it will only make things worse. Before you apply i would suggest you find out what his crime equates to in the Canadian Criminal Code.

Note that on the forms you and your spouse sign you authorize for the release of all information by all worldwide agencies to CIC, and background/criminality is the last thing CIC would skip.

He had no criminal background, is squeaky clean here in the Eu. Did his police check and everything so we have that. I did find out and according to the site, he is admissible. I am just a little confused on how he should answer the question, that's all.

 

[lellen]

Here's what I would do, but keep in mind that I am no expert:

Check the box saying yes, and in a separate sheet of paper explain very clearly what the problem was. Even if it turns out that he didn't have a criminal background, your honesty will look better in the eyes of the officer studying your case.

That's just my opinion, but it's definitely what I would do.

 

[tink23]

Here's what I would do, but keep in my mind that I am no expert:

Check the box saying yes, and in a separate sheet of paper explain very clearly what the problem was. Even if it turns out that he didn't have a criminal background, your honesty will look better in the eyes of the officer studying your case.

That's just my opinion, but it's definitely what I would do.

I agree with llellen. Explain it all up front. If he is still admissible then it won't matter. If u were to "omit" it, and they found out, then it would cause big problems, so explain it all. I would even send a notorized photocopy of the peace bond so they can see it. Good luck!

 

[zardoz]

Failure to disclose could result in a two year ban for misrepresentation. Caveat Emptor.

 

[taffy7]

Did you say you have already had a police check done? My husband got arrested over 20 years ago and not even in his own country and it showed up on the police check . In todays circumstances and laws he would have been given a caution . We answered yes and explained what happened . Better to be safe and upfront .

 

[SenoritaBella]

I suggest you seek legal advice on this matter. My understanding is, if it's considered a crime in Canada, it could mean he has to wait 5 years after completing his sentence (peace bond) to be deemed rehabilitated, before you can sponsor him.
His peace bond expires in September, so that could mean September 2019 before you can sponsor him. Goodluck.

 

[Mrs.Purcy]

I agree with llellen. Explain it all up front. If he is still admissible then it won't matter. If u were to "omit" it, and they found out, then it would cause big problems, so explain it all. I would even send a notorized photocopy of the peace bond so they can see it. Good luck!

Thanks everyone had a talk and yea he is going to write a detailed explanation!

 

[bartjones]

I'm assuming that she was given a conditional discharge, so he has no convictions, though that discharge will still show up on a Canadian criminal background check. I think the question you need to worry about is on IMM 5669, question 'j', where they ask if you have ever been detained, incarcerated or put in jail. Presumably at some point he was probably "detained", so I think you need to answer that question in the affirmative and, as you say, provide an explanation of what happened. If you do that, you should be fine. You want to be honest about that because, as Zardoz, points out, the consequences of not being upfront on a criminality question can be serious.

I suggest you seek legal advice on this matter. My understanding is, if it's considered a crime in Canada, it could mean he has to wait 5 years after completing his sentence (peace bond) to be deemed rehabilitated, before you can sponsor him.
His peace bond expires in September, so that could mean September 2019 before you can sponsor him. Goodluck.

You're almost right. After 5 years you can apply for rehabilitation, after 10 you're deemed rehabilitated, if it's a minor offence. If the OP's spouse has no convictions, he won't need to worry about Criminal Rehabilitation anyway.

 

[elmatador]

It appears the charge is in Canada? A conditional discharge is a non conviction record. It will show up in the criminal check. CIC will run a name based check in the database and if it returns in a hit then a finger print rcmp check will be required. Anyway, the spouse is not considered criminally inadmissible because in CANADA it is considered a non conviction. For supporting documents get the endorsement from the court which shows the disposition. Answer all questions in complete honesty.

 

[Alurra71]

The only thing that would be of concern to me, was that apparently the OP's spouse was arrested in Canada. He was charged with assault. I guess the next biggest question would be, is was that charge stemming from a member of the family class? If it was from someone CIC considers a member of the family class you have a whole other issue to deal with. I would maybe take the time to speak to someone well versed in these sorts of things before sending in my application so you don't get a nasty surprise later on thinking it was all 'good'

Good luck!