Theft Under $5000

[Wonderland_1010]

Hi guys

I have a cousin who recently got his COPR. He went out of Canada to his home country and came back last Thursday to do his landing. Upon arrival, CBSA officers accused him having a warrant out for a theft under $5000. At first my cousin was confused as he was never been arrested or charged by the police.

So the CBSA officers went and checked what the warrant was for and it had turned out that he was in Kamsack SK in Feb 2017 at a Petro Canada where by mistake he forgot to pay for $50 gas. For some reason there was no summons issued by the RCMP so he didn't know that was a warrant out for him nor that he forgot to pay for gas before leaving Kamsack. He only found out in Vancouver International Airport after the CBSA officers told him.

So right now CBSA at Vancouver airport told him to get the charges withdrawn and in the mean time they took his passport and told him that his status in Canada is now stateless and they allowed him to enter. They also gave him a piece of document that says further examination by CBSA and said once the charges are withdrawn, you can come back to complete the landing process.

He has going to see a criminal lawyer to have the charges withdrawn but the only question is, once the charges are withdrawn, will CBSA officers give him a hard time during landing? Will answering yes to have you ever being charged with a crime delay his PR card process or even may revoke his COPR if CIC see fits after the charges are withdrawn?

Any advice would be much appreciated

 

[scylla]

How long is his COPR still valid? Getting charges withdrawn can take time. So one risk he's facing is that his COPR will expire before he can get the charges withdrawn - in which case he would need to apply for PR from scratch.

I believe we've seen a couple of cases here in the past where the COPR was actually canceled since someone failed to declare charges on landing. That's good this didn't happen to him. Unless told otherwise, I would assume his COPR is still valid.

If he's able to get the charges withdrawn while his COPR is still valid, then I think he should be able to land successfully. When he lands, CBSA will see the past landing refusal in their records so he will need to come prepared with full documentation that shows the charges have been withdrawn.

 

[Wonderland_1010]

How long is his COPR still valid? Getting charges withdrawn can take time. So one risk he's facing is that his COPR will expire before he can get the charges withdrawn - in which case he would need to apply for PR from scratch.

I believe we've seen a couple of cases here in the past where the COPR was actually canceled since someone failed to declare charges on landing. That's good this didn't happen to him. Unless told otherwise, I would assume his COPR is still valid.

If he's able to get the charges withdrawn while his COPR is still valid, then I think he should be able to land successfully. When he lands, CBSA will see the past landing refusal in their records so he will need to come prepared with full documentation that shows the charges have been withdrawn.

His COPR is valid til Nov 2018 but he was given a due date of a month by CBSA officers to withdraw the charges. He already got a court date which is June 26th. Now he's going to see a lawyer and get this settled asap. Should he inform CBSA to let them know getting the charges withdrawn will take longer? He's supposed to report to CBSA on July 13th as stated on the further examination documents given to him when he first tried to land.

 

[scylla]

His COPR is valid til Nov 2018 but he was given a due date of a month by CBSA officers to withdraw the charges. He already got a court date which is June 26th. Now he's going to see a lawyer and get this settled asap. Should he inform CBSA to let them know getting the charges withdrawn will take longer? He's supposed to report to CBSA on July 13th as stated on the further examination documents given to him when he first tried to land.

That changes things.

I would absolutely let someone know if he's not able to report back on July 13th and demonstrate the charges have been withdrawn. Not sure if that's CBSA or IRCC. In addition to the criminal lawyer, he should be working with a very good immigration lawyer. They may be willing to give him more time or he may be out of luck.

 

[Wonderland_1010]

That changes things.

I would absolutely let someone know if he's not able to report back on July 13th and demonstrate the charges have been withdrawn. Not sure if that's CBSA or IRCC. In addition to the criminal lawyer, he should be working with a very good immigration lawyer. They may be willing to give him more time or he may be out of luck.

Okay on the entry for further examination or admissibility hearing form, there is a sentence that says in accordance with section 23 of the immigration and refugee protection act you are authorized to enter Canada for:

Further Examination

An Admissibility hearing


Only the further examination box was ticked and not the admissibility hearing.

What does that mean? Do you think he can contact the CBSA office stated on the form and let them know that his charges will take long to withdraw?

 

[scylla]

Okay on the entry for further examination or admissibility hearing form, there is a sentence that says in accordance with section 23 of the immigration and refugee protection act you are authorized to enter Canada for:

Further Examination

An Admissibility hearing


Only the further examination box was ticked and not the admissibility hearing.

What does that mean? Do you think he can contact the CBSA office stated on the form and let them know that his charges will take long to withdraw?

No idea. Again, he needs to be working with a very good immigration lawyer at this point.

 

[Wonderland_1010]

No idea. Again, he needs to be working with a very good immigration lawyer at this point.

Okay the best bet is to try to get the charges dropped asap. Since he already has a court date next Tuesday, he will try to tell the lawyer about the deadline as well with CBSA and hopefully he can get everything done within a month.

 

[scylla]

Okay the best bet is to try to get the charges dropped asap. Since he already has a court date next Tuesday, he will try to tell the lawyer about the deadline as well with CBSA and hopefully he can get everything done within a month.

Yes - agreed with that.

 

[Wonderland_1010]

Yes - agreed with that.

I'll report back here for further updates.

 

[Wonderland_1010]

@scylla

One more thing i forgot to ask you, do my cousin still need to inform CIC about the charge? As of now only CBSA knows about the charge, so he was wondering if he needs to send a update through the webcase form.

 

[scylla]

@scylla

One more thing i forgot to ask you, do my cousin still need to inform CIC about the charge? As of now only CBSA knows about the charge, so he was wondering if he needs to send a update through the webcase form.

Sorry - don't know.

 

[LifeDreamer]

once the charges are withdrawn, will CBSA officers give him a hard time during landing?

No. It will be as if nothing happened.

Will answering yes to have you ever being charged with a crime delay his PR card process or even may revoke his COPR if CIC see fits after the charges are withdrawn?

Questions about previous police encounters and dropped or dismissed charges cease to exist past the point of becoming a PR, unless you were applying for a gun license.

COPR is no longer material because the landing process has already started.

 

[LifeDreamer]

How long is his COPR still valid? Getting charges withdrawn can take time. So one risk he's facing is that his COPR will expire before he can get the charges withdrawn - in which case he would need to apply for PR from scratch.

I believe we've seen a couple of cases here in the past where the COPR was actually canceled since someone failed to declare charges on landing. That's good this didn't happen to him. Unless told otherwise, I would assume his COPR is still valid.

If he's able to get the charges withdrawn while his COPR is still valid, then I think he should be able to land successfully. When he lands, CBSA will see the past landing refusal in their records so he will need to come prepared with full documentation that shows the charges have been withdrawn.

COPR expiration will not have an effect because the examination is still in progress and the validity of documents is maintained beyond the landing date until a decision about admissibility is finally made.

 

[LifeDreamer]

His COPR is valid til Nov 2018 but he was given a due date of a month by CBSA officers to withdraw the charges. He already got a court date which is June 26th. Now he's going to see a lawyer and get this settled asap. Should he inform CBSA to let them know getting the charges withdrawn will take longer? He's supposed to report to CBSA on July 13th as stated on the further examination documents given to him when he first tried to land.

An extension will be given to the applicant as long as charges as still pending and will continue to be extended for short period of times of 1-2 months until the case is finally concluded.

 

[LifeDreamer]

Okay on the entry for further examination or admissibility hearing form, there is a sentence that says in accordance with section 23 of the immigration and refugee protection act you are authorized to enter Canada for:

Further Examination

An Admissibility hearing


Only the further examination box was ticked and not the admissibility hearing.

What does that mean? Do you think he can contact the CBSA office stated on the form and let them know that his charges will take long to withdraw?

The further examination check box means that a decision was not made and is deferred to a later date so the applicant is physically allowed to enter Canada but not legally admitted. This is common with visitors who claim asylum upon entering Canada.

The admissibility hearing checkbox is when the applicant is found inadmissible, but the applicant intends to appeal the inadmissibility so a report was written and entered in the system and the applicant is allowed to enter Canada pending the disposition of his case.

It is up to you to inform CBSA about the time frames expected for your case, but you still have to report back on the given date and CBSA are obligated to extend their examination for as long as it is necessary.