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adonis_sadeh

Newbie
Nov 20, 2023
4
0
I completed four years of study in Canada and now have 30 days to apply for Permanent Residency (PR). but I have a major issue In my first year, I was involved in a minor criminal incident the police took my photo and fingerprint, but my subsequent police check was clear. Will IRCC access this record, and do I need to mention it in my application? What does IRCC check during background checks? does anyone know how to get access to this since I requested the criminal record and it is clear.
 
I completed four years of study in Canada and now have 30 days to apply for Permanent Residency (PR). but I have a major issue In my first year, I was involved in a minor criminal incident the police took my photo and fingerprint, but my subsequent police check was clear. Will IRCC access this record, and do I need to mention it in my application? What does IRCC check during background checks? does anyone know how to get access to this since I requested the criminal record and it is clear.

Yes, you need to mention this and answer "yes" to the question on whether you have ever been arrested. You can then include an LOE explaining that the charges were dropped.
 
I do appreciate your response. would you mind telling me that could make me inadmissible? would you recommend me to get a lawyer involved to support the application.
 
I do appreciate your response. would you mind telling me that could make me inadmissible? would you recommend me to get a lawyer involved to support the application.

What were your charges and has the case been resolved? IRCC has access to more in depth background checks. The type of charge and length of sentence determines inadmissibility. Until your case is closed all immigration application will be put on hold. If you don’t declare the charge you risk being found to be misrepresenting your situation.
 
I have not been charged or sentenced. I got a notice or something like that which I do not have access to and I don't know how I can get it, police department told me if there is anything should be in the police check, but there might be somewhere this recorded since they took my photo.
this happened in 2019, this never affected me and I have been employed in a registered health care profession since then.

in the forms for EE, there are two questions in regards to this.

Have you been convicted of a crime or offence in Canada for which a pardon has not been granted under the Criminal Records Act of Canada?
Have you ever committed, been arrested for, been charged with or convicted of any criminal offence in any country ?

the answer for these two questions is No, the police did not convict me, otherwise I would have faced some sentences. they told me this is a warning for what I did. would you still recommend to disclose that incident?
thanks for sharing your opinions
 
I do appreciate your response. would you mind telling me that could make me inadmissible? would you recommend me to get a lawyer involved to support the application.

The charges were dropped so there should be no reason why you would be inadmissible. I don't think you need a lawyer. Just explain what happened in a cover letter. That should be enough. It's possible they may ask you for additional documents. But you're not inadmissible.
 
I have not been charged or sentenced. I got a notice or something like that which I do not have access to and I don't know how I can get it, police department told me if there is anything should be in the police check, but there might be somewhere this recorded since they took my photo.
this happened in 2019, this never affected me and I have been employed in a registered health care profession since then.

in the forms for EE, there are two questions in regards to this.

Have you been convicted of a crime or offence in Canada for which a pardon has not been granted under the Criminal Records Act of Canada?
Have you ever committed, been arrested for, been charged with or convicted of any criminal offence in any country ?

the answer for these two questions is No, the police did not convict me, otherwise I would have faced some sentences. they told me this is a warning for what I did. would you still recommend to disclose that incident?
thanks for sharing your opinions

The answre to the first question is no.

The answer to the second question is yes. You were arrested. I'm not sure why you think the answer to the second question is no.