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Criminal record & general questions

Criminal record & general questions

Old Apr 3rd 2024, 10:07 pm
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Question Criminal record & general questions

I am looking to move permanently from the UK to Toronto. My partner is a Canadian doctor, who is moving back to Canada permanently, so I would like to move to join her as soon as possible. I work for a top UK blue chip company, and am currently seeking job offers in Canada to secure a job offer.

I have several concerns regarding my criminal record, as follows:

1. I have one offence on my record - a police caution from 2018, for "criminal damage of property worth less than £5000" (a broken window at my rented apartment due to not being able to access, police were called by my neighbors who thought someone was breaking in, and I ended up getting a caution).

2. I have two further arrests, namely:
  • 1. 2020 - Arrested & charged for arson (an old abandoned canoe was burned whilst attending a BBQ meetup by a river in the scottish highlands, police were called from the smoke) - this went to court, and was dismissed - no conviction, not guilty.
  • 2. 2023 - Arrested on suspicion of assault (altercation outside a club which I was not involved in) - I was not charged and released with no conviction or charge.
I have the documentation from the court for (1) to prove that the case was deserted (dismissed) and also a paper from the police station for (2) to prove that the charge was "refused" and no further action was taken.

Therefore, should I only be worried about the criminal damage caution? As this was a very minor offence, will this have any effect on my work permit application, ETA, PR, etc? It is also worth noting is was more than 5 years ago.

I have zero convictions.

I am currently in the early stages of looking for work in Toronto, and would be very grateful of advice of my best route of entry, etc.

I imagine upon application for an ETA I will be asked for further documentation?

I also note that in 2017 (after my caution) I applied for an ETA and mistakenly answered "NO" to the convictions question, and now realize that should have been "YES" with details included. Will this be seen as mispresentation?
I am very worried that this will result in a ban or something, and not being able to see or visit my partner.

Thank you!

Last edited by Joshypops; Apr 3rd 2024 at 11:29 pm.
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Old Apr 4th 2024, 12:46 am
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Default Re: Criminal record & general questions

Hi, and welcome to BE.

It doesn't sound as though your criminal record will cause you any issues from what you've said (although obviously, it must be declared - and then it will be decided if you need rehab or not). Your previous ETA may cause a hiccup but as long as you fully declare the incidents on all future applications then I don't think that will be an issue either. You aren't likely to need an ETA again, they're only for visitors.

And your easiest route to a visa is via your partner. Personal question I know, but do you live together now and have you done for a year or more?
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Old Apr 4th 2024, 1:14 am
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Default Re: Criminal record & general questions

Thank you, this response somewhat alleviates my anxiety, especially regarding the previous mistake on the ETA. It is rather an embarrassing mistake, given my career is in the field of law!

So -
  1. should I apply for a new ETA as soon as possible (even though my current one is still in date), so that the correct information is at least on file, and I know where I stand with regards to admissibility? I imagine they will ask for my police file, supporting court documents, etc, to prove that the arrests resulted in no convictions.
  2. furthermore, would it help, if further information is requested, to include a letter of "good standing" from a lawyer or employer? I volunteer extensively, and am also on the board of trustees for a charity in the UK, etc etc. For example, my previous entry to Canada, in 2017 (on my previous "incorrect" ETA) was to volunteer for flood relief in Montreal.
To answer your question, no, we have not lived together for a year or more, only a few months. She leaves for Canada permanently in July to pursue her surgical residency in Toronto.

Last edited by Joshypops; Apr 4th 2024 at 1:23 am.
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Old Apr 4th 2024, 1:18 am
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Default Re: Criminal record & general questions

Originally Posted by Joshypops
Thank you, this response somewhat alleviates my anxiety, especially regarding the previous mistake on the ETA. It is rather an embarrassing mistake, given my career is in the field of law!

So -
  1. should I apply for a new ETA as soon as possible (even though my current one is still in date), so that the correct information is at least on file, and I know where I stand with regards to admissibility? I imagine they will ask for my police file, supporting court documents, etc, to prove that the arrests resulted in no convictions.
  2. furthermoe, would it help, if further information is requested, to include a letter of "good standing" from a lawyer or employer? I volunteer extensively, and am also on the board of trustees for a charity in the UK, etc etc.
To answer your question, no, we have not lived together for a year or more, only a few months. She leaves for Canada permanently in July to pursue her surgical residency in Toronto.
You can certainly apply for the ETA to see what happens, and yes, I'd expect them to ask for more details (I wouldn't supply anything not asked for).

Is marriage an option? If not, then you'll need to look at qualifying for a visa on your own merits. Another personal question I know, but how old are you?
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Old Apr 4th 2024, 1:26 am
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Default Re: Criminal record & general questions

Thank you again. I will do so now.

Marriage is not an option at this time unfortunately, as we do not want to take that step just yet - so it will indeed need to be on my own merits currently.

I am 25 years old.
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Old Apr 4th 2024, 1:32 am
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Default Re: Criminal record & general questions

Originally Posted by Joshypops
Thank you again. I will do so now.

Marriage is not an option at this time unfortunately, as we do not want to take that step just yet - so it will indeed need to be on my own merits currently.

I am 25 years old.
In which case look at the IEC visa. https://www.canada.ca/en/immigration...iec/about.html

I'm guessing that the chances of any employer agreeing to sponsor you if you're only 25 is probably fairly slim unfortunately, but the IEC Is an open work permit with no job offer required and would give you up to 3 years in Canada. And you could then live with your partner and after you've lived together for a year, s/he could sponsor you for PR. You may need to be prepared to have a long distance relationship for a while, but no doubt you were expecting that anyway if you do need criminal rehab.

Good luck.
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Old Apr 11th 2024, 12:35 am
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Default Re: Criminal record & general questions

25 and going to Canada....!!

Good luck to you, I have so wished Id done this earlier in life. Im 61 btw. Canada is a wonderful place, from what Ive seen, which is only BC, and that's enough for me.
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