Open Work Permit Question

[immigrationquestion12]

Hi,


I am hoping someone can help me as I think I may have seriously messed up my application process .

I am living and working in Canada on a work permit under the IEC program. I am applying for PR through my Common Law partner who was born in Canada (inland application). We have been dating since before I moved to Canada through IEC. My IEC visa will expire before my PR can be processed so I am also applying for an open work permit to extend my stay while working until my PR application has been processed. I have my entire package ready for the PR application and I am now at the finishing stages of my Open Work Permit application.

I have got as far as question 3 in BACKGROUND INFORMATION on form IMM 5710 E.

3 a) “Have you ever been committed, been arrested for or been charged with or convicted of any criminal offence in any country”.

3 b) “If you answered “yes” to question 3a), please provide details

I was arrested for personal marijuana possession (<30g) in my home country, I went to court but was not convicted. This does not show on my record or police certificates. I planned to answer this question truthfully and give details of the arrest.

However, since researching forums to find out the best way to answer to this question, I have realised that the same question was likely asked during my IEC application. If this question was asked, I believe I may have answered no when applying to IEC as my police certificate came back saying “no convictions” (can someone confirm that this question was asked in my IEC application? I thought it just asked about convictions?). If so, this was unintentional error on my end as I knew that the no conviction would not render me inadmissible. My police certificates for this application also said “no convictions”.

If I now answer this question truthfully on my Open Work Permit application, could I be in trouble for misrepresentation on the IEC application because of my mistake on the original IEC application? If I give the same answer as my IEC application will a more in depth background check be performed that could show up the arrest?

Any advice would be appreciated as I feel I have messed everything up.


Thanks!

 

[Helena R]

Hi there, I understand the situation and the dilemma
I think it´s a pretty delicate subject and for this you should call either an immigration lawyer, some of them give you advice on the phone for free for the first time, or you can even pay online and talk on the phone with them for a long proper advice; or else, you can contact a Multicultural Centre near your area, they are usually trained with the whole PR process. I think this deserves a more legal advice.

 

[canuck_in_uk]

However, since researching forums to find out the best way to answer to this question, I have realised that the same question was likely asked during my IEC application. If this question was asked, I believe I may have answered no when applying to IEC as my police certificate came back saying “no convictions” (can someone confirm that this question was asked in my IEC application? I thought it just asked about convictions?). If so, this was unintentional error on my end as I knew that the no conviction would not render me inadmissible. My police certificates for this application also said “no convictions”.

If I now answer this question truthfully on my Open Work Permit application, could I be in trouble for misrepresentation on the IEC application because of my mistake on the original IEC application? If I give the same answer as my IEC application will a more in depth background check be performed that could show up the arrest?

Any advice would be appreciated as I feel I have messed everything up.

Hi

Don't worry, you'll be fine. You need to answer truthfully on your current app. Don't bother mentioning the possible discrepancy, as there is little chance that IRCC will even notice anyways.

Even on the very off chance that they do notice, it isn't going to cause your PR to be refused. Answering "Yes" instead of "No" on the original app wouldn't have ended up actually changing the result of the app, as you were not convicted; your IEC permit would have still been approved.

Note that after your IEC permit expires, you can't continue working. You will have Implied Status as a visitor and will need to wait until your OWP arrives to work again.