NEED AN URGENT IMMIGRATION LAWER ADVICE

[TanyaGGG]

Hi!

We have a situation with our express entry application.
Already got an ITA and not much time left to submit the documents.
Need an urgent advice!

The spouse got his police certificate and it says that he had been convicted with "Illegal use of objects of copyright." That was almost 5 years ago and he was eventually given a penalty fee, which he paid. There is no mention in the police certificate that the case is closed, the fee is paid and there's no criminal prosecution in his country.

How does CIC consider that record? Can it be minor and CIC still would consider us for permanent residency?

But the other thing that when he applied for Canadian visas and permits before he didn't mention it in his applications.
We are afraid that it could be a misrepresantation and CIC will deport us with no chance to come back ever. Does CIC check the previous applications?

Can anyone help us?
Thank you in advance!

 

[last_try]

misrepresentation if not mentioned in Canada visa application

 

[last_try]

For lawyer advice, you need to visit a lawyer.. explain your case and seek advise..

 

[BreakingBad]

Hi!

We have a situation with our express entry application.
Already got an ITA and not much time left to submit the documents.
Need an urgent advice!

The spouse got his police certificate and it says that he had been convicted with "Illegal use of objects of copyright." That was almost 5 years ago and he was eventually given a penalty fee, which he paid. There is no mention in the police certificate that the case is closed, the fee is paid and there's no criminal prosecution in his country.

How does CIC consider that record? Can it be minor and CIC still would consider us for permanent residency?

But the other thing that when he applied for Canadian visas and permits before he didn't mention it in his applications.
We are afraid that it could be a misrepresantation and CIC will deport us with no chance to come back ever. Does CIC check the previous applications?

Can anyone help us?
Thank you in advance!

Its a very complicated case. since he is convicted and didnt mention it in previous Visa application, which they will have access to.
Better contact a good immigration Lawyer.

 

[TanyaGGG]

Does anyone know a good immigrarion lawer who can help us?
Doesn't matter where he is, I can call or e-mail.

 

[kryt0n]

"Have you ever committed, been arrested, been charged with or convinced of any criminal offence in any country?"

This question is in every application, eather for a visa or a permit.

If he answered "No" before and now he has that recored, isn't it a misrepresentation?

Technically, yes. I am not sure how they look at past visas in this instance.

Go see a professional lawyer with specialty in criminal inadmisibility.

 

[TanyaGGG]

Do they double check police certificates?
Who knows?

 

[kryt0n]

Do they double check police certificates?
Who knows?

what do you mean double check?

You will upload a scan of your police check and as you explained the conviction is on the police check. The officers read the documents you upload.

 

[TanyaGGG]

I meant do they check if the fee is paid and basically the case is closed?

 

[kryt0n]

I meant do they check if the fee is paid and basically the case is closed?

what?

No, of course not.

When you upload all your documents a person physically looks at them all. The decide if you have submitted the correct documents. If you have another officer then reads each one and checks everything to make sure it matches. This process takes about 6 months. In the mean time they also run additional security and ciminality checks on you.

He cannot hide this. Go and get a lawyer.

As far as I know he is currently inadmissable. He has to contact the Canadian government and ask for 'fogiveness'. This can take a year or so and can only be obtained 5 years after a person has completed their sentence/fine.

 

[scylla]

I meant do they check if the fee is paid and basically the case is closed?

Just because the case is closed doesn't mean it won't be a problem. Depending on how a similar charge would be treated in Canada, your spouse may be inadmissible to Canada and this time and may have to apply for rehabilitation. I would speak with a good lawyer.