Misrepresentation- ban of 5 years

[johnbloodysnow]

"SithLord said:
The officer explaining her decision should clearly answer your question.

"Clearly we wish to know about prior arrests and charges even if they do not eventually result in conviction or we would not ask the question.

Applicant has failed in his requirement to answer all questions truthfully as per A16(1) "[/QUOTE]"

johnbloodysnow
Then wouldn't it be applied to my case in 2017? The only difference will be that I will be upfront about it this time when I apply PR.

SithLord
The Bundhel guy was fully aware he was arrested and yet he chose to say 'NO' because he didn't understand the question. So technically, he was deliberately withholding information.

Your case is different. you were not aware of your criminal proceedings for your 2017 application but you are aware of it now hence you WILL need to declare the information on your new application, explaining why you didn't declare this information in 2017.

CRS - 463 | IELTS - L8 R9 W7 S7.5 | ECA - Bachelor's & Graduate Certificate (IQAS) | ITA - 18 Sep 2019 | STREAM - FSW (Outland) | VO - Ottawa | AOR - 15 Oct 2019 | MEP - 01 Nov 2019 | BIL - 01 Nov 2019 | IP1 - 01 Nov 2019 | IP2 - 11 Nov 2019 | PPR - 04 Mar 2020 | COPR - 16 Mar 2020

 

[johnbloodysnow]

johnbloodysnow
Thank you so much some people in the forum said "But you weren’t convicted so there’s nothing that can even be misrepresented" which I feel like is very untrue. They want to know everything about criminal proceedings ... we just read it in this case itself. Of course, the onus is on me to prove that I did not know about it but I am not sure how to prove it Should I take some letter in writing from my Indian Lawyer mentioning about case history and how I was not aware.
I am looking for a lawyer as well if you have any recommendation please let me know and thank you so much. I got better insights it now. There was one difference between when case was registered against me and when I applied TRV. so it will be very tough I guess

 

[johnbloodysnow]

SithLord said:
This is a public forum so people have different opinions and they are all trying to help so nothing wrong in it. You should definitely get a legal opinion on your case since it is a little complicated.

As I said before you shouldn't compare your case with Bundhel. He was deliberately withholding information when he was fully aware of it. You on the other hand were not at the time of the previous application. So you should definitely declare all relevant details of your criminal proceedings in your new application. The problem will be on how you can prove it. So go to the police who filed FIR against you and get more details from them and then sit with a lawyer and discuss the best way to proceed.

Pick the first lawyer you mentioned in the other thread.Another suggestion is Campbell Cohen. They are the owners of this forum and very experienced when it comes to Canadian Immigration, though they will be expensive

Good luck
Click to expand...

thank you ur insights are very deep and to the point. I will def get in touch with a lawyer

 

[johnbloodysnow]

Jun 29, 2020
https://www.canadavisa.com/canada-immigration-discussion-board/threads/misrepresentation-ban-of-5-years.690190/#post-8662920

Can you please share your views and help me on deciding the right way to do things. I am worried about a ban of 5 years



tobs
VIP Member

Jul 6, 2020

johnbloodysnow said:
https://www.canadavisa.com/canada-immigration-discussion-board/threads/misrepresentation-ban-of-5-years.690190/#post-8662920

Can you please share your views and help me on deciding the right way to do things. I am worried about a ban of 5 years

Hey, I read the post and I think you need to be upfront about it. You'll be given the chance to explain your side of things, o use that opportunity to clear the issue.

Canadian PR



johnbloodysnow



thank you for your prompt reply tobs. what are my chances of getting a ban as I dont have solid proof of not knowing about criminal proceedings



tobs

johnbloodysnow said:
thank you for your prompt reply tobs. what are my chances of getting a ban as I dont have solid proof of not knowing about criminal proceedings

I don't know what your chances are but like someone said, it's not misrepresentation if you're upfront about your situation

Canadian PR






Ok thank you tobs I will try to explain things ... my side of the story

 

[normie]

Jun 29, 2020
https://www.canadavisa.com/canada-immigration-discussion-board/threads/misrepresentation-ban-of-5-years.690190/#post-8662920

Can you please share your views and help me on deciding the right way to do things. I am worried about a ban of 5 years



tobs
VIP Member

Jul 6, 2020

Hey, I read the post and I think you need to be upfront about it. You'll be given the chance to explain your side of things, o use that opportunity to clear the issue.

Canadian PR



johnbloodysnow



thank you for your prompt reply tobs. what are my chances of getting a ban as I dont have solid proof of not knowing about criminal proceedings



tobs




I don't know what your chances are but like someone said, it's not misrepresentation if you're upfront about your situation

Canadian PR






Ok thank you tobs I will try to explain things ... my side of the story

Hey, can you share how it went?

I am on a similar boat.

I was hardly 16, therefore a minor, when a case was filed against me and some other minors. The event day that caused this situation, I remember all the students were taken to the police station and then everyone eventually left. There was no arrest, no jail, only a little scolding.

Then I completely forgot about this event, lived life as usual. Got my passport, travelled to different countries, studied in Europe, worked with MNCs and now I’m working in Canada.

Now as I am about to finish a year in Canada, I decided to get all my documents ready for PR application, applied for PCC, and this is where an Indian cop called me and told me that there is a case in my name, along with many other students, and it doesn’t say what’s the status of it.

Upon digging like a lunatic, going crazy, shocked in disbelief and crying simultaneously, I found out that there was a case filed 17 years, which was acquitted by the court 13 years ago, which means there are no pending cases against me.

My problem is, while filling my work permit application, I chose NO, when they asked if I was ever charged.

What should I do now? Declare this during my PR filing or inform IRCC now?

 

[Taran D]

Hey, can you share how it went?

I am on a similar boat.

I was hardly 16, therefore a minor, when a case was filed against me and some other minors. The event day that caused this situation, I remember all the students were taken to the police station and then everyone eventually left. There was no arrest, no jail, only a little scolding.

Then I completely forgot about this event, lived life as usual. Got my passport, travelled to different countries, studied in Europe, worked with MNCs and now I’m working in Canada.

Now as I am about to finish a year in Canada, I decided to get all my documents ready for PR application, applied for PCC, and this is where an Indian cop called me and told me that there is a case in my name, along with many other students, and it doesn’t say what’s the status of it.

Upon digging like a lunatic, going crazy, shocked in disbelief and crying simultaneously, I found out that there was a case filed 17 years, which was acquitted by the court 13 years ago, which means there are no pending cases against me.

My problem is, while filling my work permit application, I chose NO, when they asked if I was ever charged.

What should I do now? Declare this during my PR filing or inform IRCC now?

Yes you have to declare it...
Even though if you not to do that it will reflect in PCC.
So there is no way that on that particular day no action was taken, hence the registration of the case.
Declare it, attach a LOE.

 

[normie]

Yes you have to declare it...
Even though if you not to do that it will reflect in PCC.
So there is no way that on that particular day no action was taken, hence the registration of the case.
Declare it, attach a LOE.

I understand that I must declare it while filling Statutory details while filing for PR, but what to do now. I am already here on Work Permit.

 

[Taran D]

I understand that I must declare it while filling Statutory details while filing for PR, but what to do now. I am already here on Work Permit.

Wait just curious you are saying you are on work permit, so you would have submitted PCC while applying for it, didn't you applied for PCC back then?

For your question, declare it. This is all you can do and wait for IRCC to respond as future can't be undone...

 

[normie]

Wait just curious you are saying you are on work permit, so you would have submitted PCC while applying for it, didn't you applied for PCC back then?

For your question, declare it. This is all you can do and wait for IRCC to respond as future can't be undone...

Is PCC required when submitting a work permit application through Intra Company Transfer?

My application was processed by my workplace’s immigration team, so I don’t know if they submitted a PCC or not.

 

[Taran D]

Is PCC required when submitting a work permit application through Intra Company Transfer?

My application was processed by my workplace’s immigration team, so I don’t know if they submitted a PCC or not.

Yes PCC is required in almost every sub category.
PCC has to be applied by applicant though, don't you remember applying for it before? Enquire it from that team, does it reflect same result? Did they declare this?

 

[johnbloodysnow]

Yes you have to declare it...
Even though if you not to do that it will reflect in PCC.
So there is no way that on that particular day no action was taken, hence the registration of the case.
Declare it, attach a LOE.

Well, are you talking about Indian PCC?? because in India nothing is mentioned on the PCC if somebody is acquitted; however, they won't grant clear PCC if the case in pending

 

[johnbloodysnow]

Hey, can you share how it went?

I am on a similar boat.

I was hardly 16, therefore a minor, when a case was filed against me and some other minors. The event day that caused this situation, I remember all the students were taken to the police station and then everyone eventually left. There was no arrest, no jail, only a little scolding.

Then I completely forgot about this event, lived life as usual. Got my passport, travelled to different countries, studied in Europe, worked with MNCs and now I’m working in Canada.

Now as I am about to finish a year in Canada, I decided to get all my documents ready for PR application, applied for PCC, and this is where an Indian cop called me and told me that there is a case in my name, along with many other students, and it doesn’t say what’s the status of it.

Upon digging like a lunatic, going crazy, shocked in disbelief and crying simultaneously, I found out that there was a case filed 17 years, which was acquitted by the court 13 years ago, which means there are no pending cases against me.

My problem is, while filling my work permit application, I chose NO, when they asked if I was ever charged.

What should I do now? Declare this during my PR filing or inform IRCC now?

hey i have not applied PR or visitor visa since then....will update you when i do...but i think u gona apply before me.

 

[johnbloodysnow]

Hey, can you share how it went?

I am on a similar boat.

I was hardly 16, therefore a minor, when a case was filed against me and some other minors. The event day that caused this situation, I remember all the students were taken to the police station and then everyone eventually left. There was no arrest, no jail, only a little scolding.

Then I completely forgot about this event, lived life as usual. Got my passport, travelled to different countries, studied in Europe, worked with MNCs and now I’m working in Canada.

Now as I am about to finish a year in Canada, I decided to get all my documents ready for PR application, applied for PCC, and this is where an Indian cop called me and told me that there is a case in my name, along with many other students, and it doesn’t say what’s the status of it.

Upon digging like a lunatic, going crazy, shocked in disbelief and crying simultaneously, I found out that there was a case filed 17 years, which was acquitted by the court 13 years ago, which means there are no pending cases against me.

My problem is, while filling my work permit application, I chose NO, when they asked if I was ever charged.

What should I do now? Declare this during my PR filing or inform IRCC now?

by the way i have started my law practice in Ld. TRIAL COURT AND HON'BLE HIGH COURT since I posted this ...according to my knowledge if an FIR was registered against you then you had to attend court proceedings... since an accused has to be present in court unless a permanent exemption has been granted by "Hon'ble High Court under section 482 of Cr.P.C ....or may be an FIR was registered against you but your were discharged by police officials itself during the course of investigation and later on chargesheet was presented in Juvenile trial court ...perhaps that's y u don't know ..but according to my experience it's very strange because even to discharge u they must have written statements of you or your relatives or somebody under 161 of Cr.P.C ......However, ur case status won't show on your PCC since you are already discharged/ acquitted.

 

[normie]

by the way i have started my law practice in Ld. TRIAL COURT AND HON'BLE HIGH COURT since I posted this ...according to my knowledge if an FIR was registered against you then you had to attend court proceedings... since an accused has to be present in court unless a permanent exemption has been granted by "Hon'ble High Court under section 482 of Cr.P.C ....or may be an FIR was registered against you but your were discharged by police officials itself during the course of investigation and later on chargesheet was presented in Juvenile trial court ...perhaps that's y u don't know ..but according to my experience it's very strange because even to discharge u they must have written statements of you or your relatives or somebody under 161 of Cr.P.C ......However, ur case status won't show on your PCC since you are already discharged/ acquitted.

I have come across multiple answers on this forum. For some the old acquitted cases were mentioned, and for you it wasn’t. It’s a little confusing, but maybe different state police have different rules around this.
May I know what State of India are you from?

 

[johnbloodysnow]

I have come across multiple answers on this forum. For some the old acquitted cases were mentioned, and for you it wasn’t. It’s a little confusing, but maybe different state police have different rules around this.
May I know what State of India are you from?

....no it wont show on ur PCC.....since you're acquitted ....Crime data is stored by police electronically on CCTNS system and Inter-operable criminal Justice system ...and this data is always available on court websites ....Once a case is is acquitted CCTNS system and Inter-Operable Criminal Justice systems are updated for your record ...means record is removed ..thus don't show anything on PCC .....however, if you were convicted it will show permanently in ur PCC