In general Canada rewards people for honesty. I would suggest explaining your case and due to the fact thar you were never charged or convicted you hadn't realized you had to declare it. Would include aquittal document. You have to decide what option is right for you.
Misrepresentation- ban of 5 years
- Thread starter johnbloodysnow
- Start date
Tough decision. Personally, I would go with the first one and not look over my shoulder for the rest of my life
okay it was about 1 month gap between applying TRV and registration of the the case and I was on a family trip during this time. So I was not informed by any police officials about the case. While returning from the trip I applied visa and thereafter got to know about the issue and applied anticipatory bail to avoid police custody or judicial custody. However, I should have informa the visa authorities while it was in process as the onus is on me. However, I want to declare it in my next application.
Ye this is what I have been thinking ...I have read couple of cases and found that People who declare themselves have chances of winning the case. People who dont declare at all and caught later are not forgiven at all. Leon said if you have clear PCC even if u dont declare u might not get caught. However , I dont think canada immigration solely relies on PCC to do criminal check. I think they will ask even to my country officials that has this person ever been involved in criminal proceeedings( as their are bilateral treaties to share criminal information between canada and India). So i think i should declare it in next application with my version of story.
Yes very tough decision as their is lot on stake as I am gona do ielts and eca apply for immigration and its costs money. It is not like I am applyin TRV only..I might do that just to declare mistakes in my previous application tho
If you were not arrested or convicted it should not affect your case if you disclose it. I would just add a letter of explanation stating at the time of your previous application you were unaware of the proceedings which is why you didn't disclose them. Honesty is the best policy.
I contacted one lawyer and he had to say this "Tell the truth on a future application. A ban for misrepresentation should not apply as any misrepresentation occurred on an earlier application. That being said, you will likely have to explain how it is possible that you were unaware of a criminal proceeding against you."
Your lawyer is correct. Just put your hands up and be frank with them as to how you didn't know or weren't sure about the action against you even down to admitting you were plain stupid!
Thank you Beltex for your insights truly appreciated. But I don't know why he said like misrepresentation on previous application didn't matter because as per IRPA section 40(1) its been said that it is not bound to specific point of time.
One of the lawyer said this "Your best chance of avoiding a misrepresentation charge is to draft the letter and explain how this mistake was made."
and he is charging 700 usd for this and I felt like he was trying to get me on board immediately rather than discussing about it.
and he is charging 700 usd for this and I felt like he was trying to get me on board immediately rather than discussing about it.
Yes his job is to get money from you, he's not your friend
johnbloodysnow
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
SithLord
I can't see the 5 year ban apply to you as technically there was no misrepresentation. You were not convicted since all charges were dropped and your police certificate has also come clean to prove that so there is nothing to misrepresent. However, you should declare this information whether it is Canada or Australia. you choose to apply.
The first lawyer is correct, most likely you maybe asked how you were not aware about the criminal proceedings.
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 |
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
SithLord
I can't see the 5 year ban apply to you as technically there was no misrepresentation. You were not convicted since all charges were dropped and your police certificate has also come clean to prove that so there is nothing to misrepresent. However, you should declare this information whether it is Canada or Australia. you choose to apply.
The first lawyer is correct, most likely you maybe asked how you were not aware about the criminal proceedings.
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 |
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johnbloodysnow
Thank you for your prompt reply...can you clarify this further ..I mean the question in IM5557 specifically ask "have you ever been convicted or been part of criminal proceeding etc ?" I don't remember exactly but it covers all the situations related to a crime.
I read this case online "Bundhel vs Canada"
It has similar situation to me as the person was not convicted but he was not upfront about so he got a ban of 5 years.
https://www.canlii.org/en/ca/fct/doc/2014/2014fc1147/2014fc1147.html?searchUrlHash=AAAAAQAHYnVuZGhlbAAAAAAB&resultIndex=1
SithLord
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) "
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
Thank you for your prompt reply...can you clarify this further ..I mean the question in IM5557 specifically ask "have you ever been convicted or been part of criminal proceeding etc ?" I don't remember exactly but it covers all the situations related to a crime.
I read this case online "Bundhel vs Canada"
It has similar situation to me as the person was not convicted but he was not upfront about so he got a ban of 5 years.
https://www.canlii.org/en/ca/fct/doc/2014/2014fc1147/2014fc1147.html?searchUrlHash=AAAAAQAHYnVuZGhlbAAAAAAB&resultIndex=1
SithLord
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) "
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
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