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To submit or not to submit, that is the question..

To submit or not to submit, that is the question..

Old Jan 20th 2009, 7:12 am
  #1  
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Default To submit or not to submit, that is the question..

Any advice here would be appreciated. My spouse had a caution for common assault 2007, he was not arrested went willingly he admitted the offence as
he was told at the time it would not show up on a police check and would not affect our PR in process. Had he not admitted he would have gone to court and would definitely show up..

I received a TWP in January and we fly out beginning March. We since received his police check for the PR submission - the caution is on the certificate. The PR submission has to be in by monday. Everything is ready to post but I have great reservations .

Should we forget the submission of the PR and move on the TWP we already have. (We didnt need to submit a police check for my spouse as he will not be working in Canada - stay at home Dad).

If we submit the PR documents will the TWP be revoked because of the police caution??? This would be a complete disaster for us!

I have just forked out 6K for flights, shipping etc. have arranged my house let and do not want to run the risk of losing it all.

Any advice would be much appreciated.
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Old Jan 20th 2009, 7:41 am
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Default Re: To submit or not to submit, that is the question..

Hi

Originally Posted by marieceleste
Any advice here would be appreciated. My spouse had a caution for common assault 2007, he was not arrested went willingly he admitted the offence as
he was told at the time it would not show up on a police check and would not affect our PR in process. Had he not admitted he would have gone to court and would definitely show up..

I received a TWP in January and we fly out beginning March. We since received his police check for the PR submission - the caution is on the certificate. The PR submission has to be in by monday. Everything is ready to post but I have great reservations .

Should we forget the submission of the PR and move on the TWP we already have. (We didnt need to submit a police check for my spouse as he will not be working in Canada - stay at home Dad).

If we submit the PR documents will the TWP be revoked because of the police caution??? This would be a complete disaster for us!

I have just forked out 6K for flights, shipping etc. have arranged my house let and do not want to run the risk of losing it all.

Any advice would be much appreciated.
If the "caution" is equated to Assault in the Criminal Code of Canada

Assault
266. Every one who commits an assault is guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or
(b) an offence punishable on summary conviction.

From the Enforcement Manual

A foreign national is inadmissible on grounds of criminality for
• having been convicted in Canada of an offence under an Act of Parliament
punishable by way of indictment, or of two offences under any Act of
Parliament not arising out of a single occurrence
A36(2)(a)
• 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

If my reasoning is correct where CHC is considering a "caution" as an admission of guilt, then your spouse is inadmissible as both a PR and a visitor. I suggest that contact an reputable Immigration lawyer or CHC London for an informed decision.
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Old Jan 20th 2009, 8:19 am
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Default Re: To submit or not to submit, that is the question..

Thanks for that information, It looks like the spouse will be staying at home to sort things out about this......oh dear
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