NEED HELP URGENT ABOUT CRIMINAL OFFENCE

[NurayV]

here is my situation...

My boyfriend (canadian citizen) an i ( from Germany) are just Applying to sponsor me for my permanent resident...
I just got my police record and i got 3 minor things on there...

1. I had to pay money for driving the streetcar without paying ( obtain something for my benefits) ... fine of 300 Euros...

2. Driving the Streetcar without paying ( obtain something for my benefits)....fine 300 Euros...

3. fraud!!! BUT... Here the story...I brought something at H&M for !!! 14.90 !!!! .....My payment didnt go through and i didnt know...shortly after i went to canada for 1 year... in the meantime i got letters from H&M about paying the 14.90Euro...but i didnt know cause i was in canada....then it went to court, cause they thought i commit fraud because i didnt response..... when i got back after a year i had these letters that i have to pay 480Euro because of fraud....

So all that is now on my police record...

Do i have any problems now>>>???

What should i say> Should i just explain myself??
Am i inadmissible to get my PR ???

i really need help....

THANKS ALOT

Nora

 

[PMM]

Re: NEED HELP URGEND ABOUT CRIMINAL OFFENCE

Hi

here is my situation...

My boyfriend (canadian citizen) an i ( from Germany) are just Applying to sponsor me for my permanent resident...
I just got my police record and i got 3 minor things on there...

1. I had to pay money for driving the streetcar without paying ( obtain something for my benefits) ... fine of 300 Euros...

2. Driving the Streetcar without paying ( obtain something for my benefits)....fine 300 Euros...

3. fraud!!! BUT... Here the story...I brought something at H&M for !!! 14.90 !!!! .....My payment didnt go through and i didnt know...shortly after i went to canada for 1 year... in the meantime i got letters from H&M about paying the 14.90Euro...but i didnt know cause i was in canada....then it went to court, cause they thought i commit fraud because i didnt response..... when i got back after a year i had these letters that i have to pay 480Euro because of fraud....

So all that is now on my police record...

Do i have any problems now>>>???

What should i say> Should i just explain myself??
Am i inadmissible to get my PR ???

i really need help....

THANKS ALOT

Nora

It would appear that all would be summary offences in Canada. So you would be inadmissible for criminality if 2 of the offences were within a 5 year period. You would be inadmissible until there was only 1 summary offence in the previous 5 years.

To make a real stab as to when the inadmissibility starts end, you would have to give the dates of the offence.

PMM

 

[NurayV]

Re: NEED HELP URGEND ABOUT CRIMINAL OFFENCE

i dont really understand....

am i able to apply for my permanent resident or not?? if not, what should i do now???????????? it means i cant apply for the next couple years???? i cant be with my boyfriend???

the first 2 things happened over 2 years ago...and i just got the last thing....

PLEASE ANSWER

 

[AllisonChains08]

Re: NEED HELP URGEND ABOUT CRIMINAL OFFENCE

He just said it won't work if two of the offenses were within 5 years.. from the sounds of it, all 3 of the things you did were in the past 5 years if I'm understanding correctly.

 

[Siouxie]

Re: NEED HELP URGEND ABOUT CRIMINAL OFFENCE

i dont really understand....

am i able to apply for my permanent resident or not?? if not, what should i do now???????????? it means i cant apply for the next couple years???? i cant be with my boyfriend???

the first 2 things happened over 2 years ago...and i just got the last thing....

PLEASE ANSWER

No, you cannot apply for permanent residence at this time.  You cannot apply until 5 years has passed since your punishment was completed - as in when you paid the fines - (as has already been explained) as you are inadmissible. "If the offence is one that would, in Canada, be prosecuted summarily and if you were convicted for two (2) or more such offences, that period is at least five (5) years after the sentences imposed were served or to be served."  http://www.cic.gc.ca/english/information/applications/guides/5312E3.asp so, if the 2 offences were 2 years ago and you paid the fines then you couldn't apply for another 3 years.

You could apply for  "Rehabilitation for persons who are inadmissible to Canada because of past criminal activity (IMM 5312)" if you need to be in Canada in the meantime as a visitor,  (see http://www.cic.gc.ca/english/information/applications/guides/5312E5.asp) 

Were you under 18 when the offences were committed?  That would be about the only way you could get around this.

Sorry...

Edit:  Looking at the Criminal Code, the offences you were convicted on would be (I believe) summary convictions as said previously... 

Fraudulently obtaining transportation

(3) Every one who, by any false pretence or fraud, unlawfully obtains transportation by land, water or air is guilty of an offence punishable on summary conviction.

R.S., c. C-34, s. 351.

Fraud

380. (1) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service,

(a) is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence exceeds five thousand dollars; or

(b) is guilty

(i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or

(ii) of an offence punishable on summary conviction,

where the value of the subject-matter of the offence does not exceed five thousand dollars.

 

[NurayV]

Isn't it possible to still send them my application for permanent resident and explain myself???

I really didnt do anything bad.... i was just buying something for 14.90Euros.... My payment didnt go through for whatever reason...AND JUST BECAUSE I WAS IN CANADA FOR A YEAR AND COULDNT ANSWERE MY LETTERS IT WENT TO COURT AND I HAD TO PAY THE FINE!!! I really didn't do anything bad...I didn't steal credit cards and bought something for 5000 dollar....

is it possible to explain why i have something on my police record??

or is it impossible they gonna give me a visa just because of all that??

 

[ariell]

But you cannot have TWO offences in the last 5 years. You already have THREE!! So trying to explain the third one is pointless. (By the way, didn't you have anyone checking your mail if you were going to be away for a year??) I would suggest that you speak to a qualified immigration lawyer.

 

[NurayV]

yes my wonderful sister was supposed to check my mail...she must have read all the letters and throw them out!!!!!!!!!!!!!!!!!!!!! unbelievable....no excuse!!!

i dont know what to do now...the sponsorship to get my visa was the only way my boyfriend and i could be together....after almost 4 years going through shitty times because he is living so far away....

 

[ariell]

yes my wonderful sister was supposed to check my mail...she must have read all the letters and throw them out!!!!!!!!!!!!!!!!!!!!! unbelievable....no excuse!!!

i dont know what to do now...the sponsorship to get my visa was the only way my boyfriend and i could be together....after almost 4 years going through *censored word*ty times because he is living so far away....

NurayV: As I said, please consult with a qualified immigration lawyer rather than just depending on the information here. Maybe your boyfriend could come to live in Germany?? It's something you may want to consider. Good luck to you.

 

[RobsLuv]

Criminal inadmissibility is a very complicated thing - certainly not something any of us are qualified to assess for you. First of all, complaints, arrests and convictions are all different. At this point you have "complaints" showing on your criminal reports - and simply paying fines to rectify the situation(s) may not be considered convictions. "Convictions" are what make you inadmissible to Canada.

You need to get your hands on all the information you can possibly get about these offences . . . court records, etc., and see a qualified Canadian immigration attorney about it. Do not submit a PR application until you know for sure what you're up against - if you do, even having disclosed the possibility of criminal inadmissibility will result in you getting yourself all tied up while CIC tries to figure out what to do, and you'll not even be able to visit Canada.

I don't know how it will ultimately turn out - you really need a professional assessment of the situation.