Yorki

Please, I hope someone here can advise. My son is trying to get an express entry to work in Canada, however, unfortunately he has a conditional discharge for 9 months on his police report, that was in August 2012, (he called someone a "Faggot".)so its for verbal abuse. He has done nothing wrong since that offence, however the law firm we are using says this may stop him even entering Canada for 5 years. He has a good job offer and a home here ( I have lived in Canada for 2 years) He is no threat and hard working, he was just a silly drunk 18 year old, is there any way we can get around this problem? We are both devastated that this misdemeanour could affect his future here.

christmasoompa

Are you sure that's all he did? Seems very odd, a heavy sentence for something that would normally just be a caution, if it was his first offence? Have you got his ACPO certificate to see exactly what the charge was?

Without criminal rehab, he's not able to enter Canada for any reason (even a holiday).When was the end of his 9 months conditional discharge? He'll be eligible to apply for criminal rehab when 5 years has passed from that date. Full info is on the CIC website - https://www.canada.ca/en/immigration...-activity.html

FYI, Express Entry isn't a working visa, it results in Permanent Residency. If your son is eligible to apply for rehab, then I wouldn't bother using a law firm personally, he can do the application (and the EE application very easily) himself.

Good luck.

Former Lancastrian

Unfortunately the IRCC ENF 2 Manual is not online. Also I am not at work where I have access to this manual but I believe a Conditional Discharge is NOT a conviction and if that is the case then he won't be inadmissible. I can post an update next week. Without knowing what the actual charge was eg section X of whatever Act I can't give you a definite answer. It is possible that it might only be a summary offence. Regardless if applying for PR he would have to submit a Police Certificate and IRCC would decide if he is inadmissible or not once they receive the application.
He could also apply for an info only rehabilitation.

Yorki

Former Lancastrian

Section 175(1) Criminal Code of Canada
Causing disturbance, indecent exhibition, loitering, etc.

• 175 (1) Every one who
  • (a) not being in a dwelling-house, causes a disturbance in or near a public place,
    • (i) by fighting, screaming, shouting, swearing, singing or using insulting or obscene language,
      
    • (ii) by being drunk, or
      
    • (iii) by impeding or molesting other persons, is guilty of an offence punishable on summary conviction. So if IRCC equate the UK offence to the Canadian one above as its a summary offence only in Canada and providing that's his only offence then he shouldn't be found inadmissible even if they deem the discharge to be a conviction.

christmasoompa

Yorki