tax evasion - would my mother be refused entry?
Apr 14th 2012, 12:38 pm
#1
Happy
Thread Starter
Joined: Feb 2009
Location: Nova Scotia
Posts: 2,942
tax evasion - would my mother be refused entry?
would a visitor coming from Germany with a criminal record for tax evasion have trouble visiting us in Canada?
My mother in her naivety claimed child support when my brother was doing his national service and earning very very little to do it. She did tell them after the time and she was taken to court but didnt realise, shes older and unaware of some things, anyway she now has a criminal record for this which makes her feel terrible, but that aside, would it mean that she would be turned away at the border, should she come to visit us for a couple of weeks?
My mother in her naivety claimed child support when my brother was doing his national service and earning very very little to do it. She did tell them after the time and she was taken to court but didnt realise, shes older and unaware of some things, anyway she now has a criminal record for this which makes her feel terrible, but that aside, would it mean that she would be turned away at the border, should she come to visit us for a couple of weeks?
Apr 14th 2012, 12:49 pm
#2
Lost in BE Cyberspace
Joined: Nov 2011
Location: Somewhere between Vancouver & St Johns
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Re: tax evasion - would my mother be refused entry?
When did this offence happen and what was the disposition of the case i.e was she found guilty and fined, sent to jail etc.
More details needed before advice can be given.
Is this the only offence?
More details needed before advice can be given.
Is this the only offence?
Apr 14th 2012, 1:04 pm
#3
Happy
Thread Starter
Joined: Feb 2009
Location: Nova Scotia
Posts: 2,942
Re: tax evasion - would my mother be refused entry?
its the only offence, she is paying back the money and has had to pay court costs. No jail involved, the offence is in German but it pretty much sounds like tax fiddling from her explanation.
Shes very law abiding, so shes horrified
Shes very law abiding, so shes horrified
Apr 14th 2012, 2:15 pm
#4
Lost in BE Cyberspace
Joined: Nov 2011
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Re: tax evasion - would my mother be refused entry?
Caveat this is advice only not a decision.
Without seeing what the German statute (law) states I cannot state what the offence would equate to in Canada but it is more likely to equate to the Income Tax Act. A quick glance of section 239(1) (a to g)of this act shows
a summary conviction only.
Section 239(2) states a person can be convicted on indictment
Based on this then it is likely that she is inadmissible as you state she is still paying the fine so the sentence has not been completed and therefore not eligible under the relief provisions.
A36(2)(b) of IRPA
having been convicted outside Canada of an offence that, if committed in
Canada, would constitute an indictable offence under an Act of Parliament,
or of two offences not arising out of a single occurrence that, if committed in
Canada, would constitute offences under an Act of Parliament
She could make an application for a Temporary Resident Permit ($200) to overcome the inadmissibility but there is no guarantee one would be issued either from the Canadian Consulate or by an officer at a POE.
Applications via a consulate can take in excess of a year.
If she did travel to Canada to make the application at a POE then she could be refused entry.
Perhaps PMM may have other info or has knowledge of such situations.
Without seeing what the German statute (law) states I cannot state what the offence would equate to in Canada but it is more likely to equate to the Income Tax Act. A quick glance of section 239(1) (a to g)of this act shows
a summary conviction only.
Section 239(2) states a person can be convicted on indictment
Based on this then it is likely that she is inadmissible as you state she is still paying the fine so the sentence has not been completed and therefore not eligible under the relief provisions.
A36(2)(b) of IRPA
having been convicted outside Canada of an offence that, if committed in
Canada, would constitute an indictable offence under an Act of Parliament,
or of two offences not arising out of a single occurrence that, if committed in
Canada, would constitute offences under an Act of Parliament
She could make an application for a Temporary Resident Permit ($200) to overcome the inadmissibility but there is no guarantee one would be issued either from the Canadian Consulate or by an officer at a POE.
Applications via a consulate can take in excess of a year.
If she did travel to Canada to make the application at a POE then she could be refused entry.
Perhaps PMM may have other info or has knowledge of such situations.
Apr 14th 2012, 2:22 pm
#5
Nuther day in paradise.ca
Joined: Aug 2008
Location: Ajax, Ontario
Posts: 7,263
Re: tax evasion - would my mother be refused entry?
How would you know if she, or anyone in fact, who was on holiday for 2 weeks, had or have a record. Is everyone on a big world wide data base that flags up drink drivers and the like.
Apr 14th 2012, 2:34 pm
#6
Lost in BE Cyberspace
Joined: Nov 2011
Location: Somewhere between Vancouver & St Johns
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Re: tax evasion - would my mother be refused entry?
Obviously on a forum such as this I am not about to disclose what we have access to so you can draw your own assumptions as to what we have access to.
Apr 14th 2012, 2:39 pm
#7
Account Closed
Joined: Feb 2007
Posts: 1,063
Re: tax evasion - would my mother be refused entry?
Well if I disclosed what we resources we have available to check on persons entering Canada then I would have to hunt you down etc etc.
Obviously on a forum such as this I am not about to disclose what we have access to so you can draw your own assumptions as to what we have access to.
Obviously on a forum such as this I am not about to disclose what we have access to so you can draw your own assumptions as to what we have access to.
Apr 14th 2012, 2:40 pm
#8
Nuther day in paradise.ca
Joined: Aug 2008
Location: Ajax, Ontario
Posts: 7,263
Re: tax evasion - would my mother be refused entry?
Well if I disclosed what we resources we have available to check on persons entering Canada then I would have to hunt you down etc etc.
Obviously on a forum such as this I am not about to disclose what we have access to so you can draw your own assumptions as to what we have access to.
Obviously on a forum such as this I am not about to disclose what we have access to so you can draw your own assumptions as to what we have access to.
Apr 14th 2012, 2:43 pm
#9
Lost in BE Cyberspace
Joined: Nov 2011
Location: Somewhere between Vancouver & St Johns
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Re: tax evasion - would my mother be refused entry?
Marginal note:Obligation — answer truthfully
16. (1) A person who makes an application must answer truthfully all questions put to them for the purpose of the examination and must produce a visa and all relevant evidence and documents that the officer reasonably requires.
Apr 14th 2012, 2:46 pm
#10
Nuther day in paradise.ca
Joined: Aug 2008
Location: Ajax, Ontario
Posts: 7,263
Re: tax evasion - would my mother be refused entry?
We also have phones and fax machines
Marginal note:Obligation — answer truthfully
16. (1) A person who makes an application must answer Itruthfully all questions put to them for the purpose of the examination and must produce a visa and all relevant evidence and documents that the officer reasonably requires.
Marginal note:Obligation — answer truthfully
16. (1) A person who makes an application must answer Itruthfully all questions put to them for the purpose of the examination and must produce a visa and all relevant evidence and documents that the officer reasonably requires.
Apr 14th 2012, 2:53 pm
#11
Lost in BE Cyberspace
Joined: Nov 2011
Location: Somewhere between Vancouver & St Johns
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Re: tax evasion - would my mother be refused entry?
or make that statement we always here I reserve the right not to answer that question on the grounds that it may incriminate
Being totally serious for a moment BSOs do regularly ask foreign nationals questions based on persons ever having been arrested, charged or convicted of any offence anywhere in the world or have they ever been a defendant in a court of law.
Last edited by Former Lancastrian; Apr 14th 2012 at 2:58 pm. Reason: Further info
Apr 14th 2012, 2:59 pm
#12
Nuther day in paradise.ca
Joined: Aug 2008
Location: Ajax, Ontario
Posts: 7,263
Re: tax evasion - would my mother be refused entry?
It is the next question though. Ok. What would happen if mum was busted at customs and taken down by a gang of IO, at the Poe? Would she be flown home. Or locked up long time with rapists and murderers. Obviously no druggies as they not "proper criminals like bad mum."
Apr 14th 2012, 4:03 pm
#13
Lost in BE Cyberspace
Joined: Nov 2011
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Re: tax evasion - would my mother be refused entry?
Lol that's funny pal.
It is the next question though. Ok. What would happen if mum was busted at customs and taken down by a gang of IO, at the Poe? Would she be flown home. Or locked up long time with rapists and murderers. Obviously no druggies as they not "proper criminals like bad mum."
It is the next question though. Ok. What would happen if mum was busted at customs and taken down by a gang of IO, at the Poe? Would she be flown home. Or locked up long time with rapists and murderers. Obviously no druggies as they not "proper criminals like bad mum."
In more serious cases referred to an admissibiity hearing and having a removal order issued by the Immigration & Refugee Board member which
would be a deportation order no ifs and or buts a deportation order.
As for being put in jail if we believe they pose a danger or would not appear for a hearing then yes jail is an option.
Apr 14th 2012, 6:16 pm
#14
Happy
Thread Starter
Joined: Feb 2009
Location: Nova Scotia
Posts: 2,942
Re: tax evasion - would my mother be refused entry?
Blimey this does all sound serious. I dont think she will visit now as if asked question she would be honest and therefore face refusal which would be just awful.
She did not go to court as she was unaware of the court action at the time
and now is paying it all off, given her financial situation I very much doubt she will manage to pay it quickly.... what tangled webs we weave.
Thanks for your help Former Lanc
She did not go to court as she was unaware of the court action at the time
and now is paying it all off, given her financial situation I very much doubt she will manage to pay it quickly.... what tangled webs we weave.Thanks for your help Former Lanc
Apr 15th 2012, 12:47 pm
#15
Nuther day in paradise.ca
Joined: Aug 2008
Location: Ajax, Ontario
Posts: 7,263
Re: tax evasion - would my mother be refused entry?
Blimey this does all sound serious. I dont think she will visit now as if asked question she would be honest and therefore face refusal which would be just awful.
She did not go to court as she was unaware of the court action at the time and now is paying it all off, given her financial situation I very much doubt she will manage to pay it quickly.... what tangled webs we weave.
Thanks for your help Former Lanc
She did not go to court as she was unaware of the court action at the time
and now is paying it all off, given her financial situation I very much doubt she will manage to pay it quickly.... what tangled webs we weave.Thanks for your help Former Lanc
