lea187

When i first came to canada and applied for work permit at port of entry i answered no about criminal convictions as my police record was clean. However when i received a new police certificate to apply for PR it came back with no live trace meaning i have an old record. When i applied for PR i sent a letter explaining ten years ago i had received a warning from police for marijuana possession. Well i be denied PR due to misrepresenting myself on work permit even though i told the truth on my PR application?

Ive also read if i go to the border to renew my work permit they can only charge you with misrepresentation based on information given that day and not based on previous applications.. So if i go to the border and tell the truth while renewing work permit would that fix the problem?

christmasoompa

I'd suggest you contact an immigration lawyer, this is beyond the scope of an internet forum tbh. But no, going to the border and telling the truth this time, won't 'fix the problem'.

As well as the potential misrepresentation, you also have the issue that from what you've said, you were possibly inadmissible to Canada for most of the time you've been there so shouldn't even have entered the country without criminal rehab.

Definitely lawyer time, best of luck.

lea187

I thought possession of a small amount of marijuana.. i had 4 grams was only a summary offence here in canada? And one summary offence does not make you inadmissable?

lea187

9.7. At visa offices and ports of entry

An application for a visa abroad, or for entry into Canada at a port of entry may be denied
based on a misrepresentation made in connection with the current application or
examination only, unless the person was previously the subject of a refusal for
misrepresentation and the resulting two-year inadmissibility period has not elapsed.


So if i go to the border to renew i will only be charged with misrepresentation given on details given that day??

Aviator

Nobody here can tell you that. You should consult a lawyer.

Is this a new application you are doing or an extension of your previous permit?

If you go to the border and are refused entry or told to leave Canada, what is your plan b?

christmasoompa

You didn't say how much marijuana you were in possession of in your first post!

As I said, this is one for a lawyer.

lea187

Ya I dont know about the lawyer... When I first came here it was the immigration lawyer that told me not to say anything if my police check was clear lol I was never arrested or convicted just cautioned.

I'm applying for a work permit extension.

Former Lancastrian

Ports of Entry don't do work permit extensions they only issue new work permits.
As for the misrepresentation if the work permit you were initially issued is still valid upon entering Canada then CBSA could still report you for misrep based on that work permit.That is a one year Exclusion Order. If you filled out a work permit application then answered NoCIC could make the misrep allegation if the work permit is still valid and that would be a 2 year Exclusion Order if they went ahead.
If just a simple possession less than 30 grammes then its a summary offence only.
Im not saying you won't have a problem if CBSA or CIC discover what transpired.

catpea33

I don't think 'no live trace' means you have a record. All of mine came back saying that and I haven't done anything wrong! It means that they haven't got a record of you - your search has come back clean. Maybe the possession is no longer an issue with respect to your record, i.e. it has a time limit? Just a thought.

SchnookoLoly

no live trace means there is somethingon your record but it's "spent" or whatever the terminology is. "no trace" means absolutely nothing on your record, current or otherwise.

christmasoompa

Are you sure yours didn't say 'no trace'? 'No trace' means your record is clean, 'no live trace' means you have a record but it's not recent.

HTH.

Vulcanoid

If yours said "no live trace" then you did something wrong at some point. "No trace" means you've never been in trouble, "no live trace" means that you had a UK conviction which is deemed spent. Reports here seem to vary on CIC response to the word 'live' on say, an IEC.

The notes from the police certificate are very clear - the three possibilities for text are "no trace" (you're fine), "no live trace" (your convictions are past tense), or a printout of what the police and courts know you did recently.