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Conditional discharge, can it stop a working visa in Canada

Conditional discharge, can it stop a working visa in Canada

Old Jan 30th 2019, 3:23 am
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Default Conditional discharge, can it stop a working visa in Canada

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.
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Old Jan 30th 2019, 9:23 am
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Default Re: Conditional discharge, can it stop a working visa in Canada

Originally Posted by Yorki View Post
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.
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.

Last edited by christmasoompa; Jan 30th 2019 at 9:27 am.
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Old Jan 30th 2019, 11:32 am
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Default Re: Conditional discharge, can it stop a working visa in Canada

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.
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Old Jan 30th 2019, 5:56 pm
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Default Re: Conditional discharge, can it stop a working visa in Canada

Thanks for your replies, his offence was “Use of disorderly behaviour or threatening behaviour using threatening insulting words, that was in August of 2012, it is his only offence, I am a Permanent Resident but cannot sponsor him as he is I’ve 22.
some police and courts are very strict, I’m not condoning what he did and he has worked very hard in his profession to get to his position.
we only used a law firm as we both have very busy work schedules.
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Old Jan 30th 2019, 6:05 pm
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Default Re: Conditional discharge, can it stop a working visa in Canada

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.
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Old Jan 30th 2019, 6:37 pm
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Default Re: Conditional discharge, can it stop a working visa in Canada

Originally Posted by Yorki View Post
Thanks for your replies, his offence was “Use of disorderly behaviour or threatening behaviour using threatening insulting words, that was in August of 2012, it is his only offence, I am a Permanent Resident but cannot sponsor him as he is I’ve 22.

If it ended in August 2012, then it doesn't actually matter what it was for, even if he does need rehab (doesn't sound like he does based on that offence) he's eligible to apply for it as more than 5 years has passed. So I would just do an 'info only' app to see if he does need rehab or not, and then you'll know for sure.

What is his score on the CRS?
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Old Jan 31st 2019, 7:29 pm
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Default Re: Conditional discharge, can it stop a working visa in Canada

A huge thank you for both your inputs, I forwarded this to the law firm we have been using and now she has requested court documentation showing he completed his 9 month conditional discharge without reoffending, this will take about 4 weeks, then we should be good to go.
again, thank you for giving me your time and advise, you are both amazing people and I wish you and all the members on here a very happy life in this beautiful country 😘
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