Bylaw offence

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On the Background/Declaration form, when it asks about being charged
with/convicted of any offences, I'm wondering if I should put down a
bylaw offence. 

I called CIC and they couldn't give me a straight
answer because it's not a traffic violation (the exact offence is
"entering public transit at other than designated passenger entrance"
i.e. I tried to get into the subway station without paying). They
ultimately said "put it down and the immigration official will know
whether it matters or not." When I applied for my work permit a few
years ago I put it down just in case, so now I'm wondering if I DON'T
put it down, they'll think I'm lying..

But the thing is, if I DO put it down unnecessarily, is it going to slow my application?

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abstractioness Members Profile Send Private Message Find Members Posts Add to Buddy List Junior Member Joined: 01 May 2010 Location: ON, Canada Status: Offline Points: 57	Post Options Post Reply Quote abstractioness Report Post Thanks(0) Quote Reply Topic: Bylaw offence Posted: 29 Aug 2010 at 12:05pm
	On the Background/Declaration form, when it asks about being charged with/convicted of any offences, I'm wondering if I should put down a bylaw offence. I called CIC and they couldn't give me a straight answer because it's not a traffic violation (the exact offence is "entering public transit at other than designated passenger entrance" i.e. I tried to get into the subway station without paying). They ultimately said "put it down and the immigration official will know whether it matters or not." When I applied for my work permit a few years ago I put it down just in case, so now I'm wondering if I DON'T put it down, they'll think I'm lying.. But the thing is, if I DO put it down unnecessarily, is it going to slow my application?

sami55 Members Profile Send Private Message Find Members Posts Add to Buddy List Senior Member Joined: 29 Nov 2009 Location: hidden Status: Offline Points: 594	Post Options Post Reply Quote sami55 Report Post Thanks(0) Quote Reply Posted: 29 Aug 2010 at 2:01pm
	this is FULL Of duality and adversary subject...let me explain. This comes under criminality and inadmissibilty. (against you) but more importantly how to overcome inadmissibilty.(for you) you have not given some salient material and substantial facts pertaining to the offence for a comprehensive reply. (you can build up a lot more of FOR YOU details depending on those facts) MINOR SUMMARY offences are not in a straighforward knock out inadmissibility criteria... it is a grey area... and immigration do have a view on it (against you)BUT you can submit mitigating details to kill it in its tracks (for you) will it slow your processing down . yes (against you.). .sorry..BUT (for you )you can provide details to diminish that delay to minimum or even barest minimum... let me explain this.... if you dont provide details then they could potentialy ask you ....a request for further information..with the inherent delay. note. I am not saying that you are inadmissible. so if you do put it down....then put ALL of it down not just a bit of it to overcome it... good luck

sponge362 Members Profile Send Private Message Find Members Posts Add to Buddy List Junior Member Joined: 14 Dec 2009 Status: Offline Points: 20	Post Options Post Reply Quote sponge362 Report Post Thanks(0) Quote Reply Posted: 29 Aug 2010 at 2:16pm
	You should get a criminal check too see if the offense appears, if it doesn't, you are fine - if it does, well then you might have a problem and may need to seek a criminal rehabilitation application - I don't know much about those.
	CIC-V received November 12, 2008. Started processing December 9, 2008. Sponsorship approved May 25, 2009 OWP received May 29, 2009 Landed July 2, 2009 PR card arrived August 5, 2009

abstractioness Members Profile Send Private Message Find Members Posts Add to Buddy List Junior Member Joined: 01 May 2010 Location: ON, Canada Status: Offline Points: 57	Post Options Post Reply Quote abstractioness Report Post Thanks(0) Quote Reply Posted: 29 Aug 2010 at 2:38pm
	Well, it's a bylaw offence, and when the TTC guy gave me the ticket, he said it won't give me a criminal record because it's just a bylaw offence. I didn't get "arrested" for it, I got a ticket and I had to take it to the provincial court where they process speeding/parking tickets. And then the sentence was suspended, ie the fee was waived, because I pleaded guilty "with excuse." So I think I'm okay... plus I think for minor offences they say you have to have had 2 in the last 5 years, and I don't even know if bylaw qualifies for those. I just hope it doesn't slow down processing too much. Anyway if I put it on my work permit application a few years ago and there was no problem, you'd think it wouldn't matter...? Edited by abstractioness - 29 Aug 2010 at 2:40pm

sami55 Members Profile Send Private Message Find Members Posts Add to Buddy List Senior Member Joined: 29 Nov 2009 Location: hidden Status: Offline Points: 594	Post Options Post Reply Quote sami55 Report Post Thanks(0) Quote Reply Posted: 29 Aug 2010 at 6:12pm
	its so minor its hardly worth quoting. its almost not even a criminal offence, where you need not be worried too much about. its not an inadmissibility issue. please dont worry....it is not even an arrestable offence... one thing to note..(this may surprise you)it is not the offence that is important it was the manner in which it was disposed off and the punishment given that determines the further dealing of this, where fortunately for you, it worked out in your favour... it seems it is spent anyway... it seems you are covered on all and multiple angles from this potential risk

sami55 Members Profile Send Private Message Find Members Posts Add to Buddy List Senior Member Joined: 29 Nov 2009 Location: hidden Status: Offline Points: 594	Post Options Post Reply Quote sami55 Report Post Thanks(0) Quote Reply Posted: 29 Aug 2010 at 6:26pm
	under RO Act 1974 UK minor spent offences become disregarded and you should be treated as IF the offence never occured. it should be disregarded by the imm process. it is not even a conviction. if your police cert is otherwise clean and if you meet all other criteria and you presented all the evidence then I believe your case will not be delayed.. cases get delayed when the file throws up details which compromise standard criteria. ................................ if your police cert says .. NO TRACE ..be prepared to provide just a bit more details. This applies to every one not just you..and on any application which has weak spots

abstractioness Members Profile Send Private Message Find Members Posts Add to Buddy List Junior Member Joined: 01 May 2010 Location: ON, Canada Status: Offline Points: 57	Post Options Post Reply Quote abstractioness Report Post Thanks(0) Quote Reply Posted: 29 Aug 2010 at 7:12pm
	Well, it wouldn't show up on the UK certificate -- it happened in Toronto. But I don't think it would show up on RCMP check either because supposedly it doesn't go on any criminal record, since it's a provincial bylaw offence. I'm not so much worried about the certificates as putting it down on the Background check. But I suppose I'm just being paranoid.

sami55 Members Profile Send Private Message Find Members Posts Add to Buddy List Senior Member Joined: 29 Nov 2009 Location: hidden Status: Offline Points: 594	Post Options Post Reply Quote sami55 Report Post Thanks(0) Quote Reply Posted: 30 Aug 2010 at 10:02am
	dont worry you will be ok when its all over with happy ending you will be saying what was all that fuss about?

sami55 Members Profile Send Private Message Find Members Posts Add to Buddy List Senior Member Joined: 29 Nov 2009 Location: hidden Status: Offline Points: 594	Post Options Post Reply Quote sami55 Report Post Thanks(0) Quote Reply Posted: 30 Aug 2010 at 10:04am
	IF YOU WERE NOT CHARGED AND NOT CONVICTED YOU DO NOT HAVE TO MENTION IT

rbenoit Members Profile Send Private Message Find Members Posts Add to Buddy List Senior Member Joined: 30 Nov 2009 Location: Ottawa Status: Offline Points: 282	Post Options Post Reply Quote rbenoit Report Post Thanks(0) Quote Reply Posted: 30 Aug 2010 at 10:40am
	This should have no more impact than any other by-law infraction. As long as the ticket has been paid there is no criminal offence regarding this matter. The only time this may be a problem is if the ticket was left unpaid and it went to court then went to collection agency. Then maybe it could be a problem as an unpaid judgement against you but it would be a problem in the financial category and not criminal. My opinion anyway. Cheers!!!