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Urgent Help Needed with IEC Query

Printed From: Canada Immigration and Visa Discussion Forum
Category: Canada Visa / Temporary Entry Topics
Forum Name: Work Visa
Forum Description:
URL: https://secure.immigration.ca/forum/forum_posts.asp?TID=29811
Printed Date: 21 Jul 2019 at 7:45pm


Topic: Urgent Help Needed with IEC Query
Posted By: mastermullen
Subject: Urgent Help Needed with IEC Query
Date Posted: 22 Feb 2018 at 6:09am
Hi there.
I'm in a confusing situation concerning my application for IEC. I am in the process of applying currently, and I applied for my ACRO police certificate a week ago. When asked on the application for the police certificate if I had been arrested, cautioned or reprimanded, I answered no. 

When I was 14 years old, I was found in possession of a small amount of cannabis, taken to the police station, then later released. I assumed I had just received an informal telling off and that it was not on my record. However ACRO have got back to me asking about if I am sure whether I have never been arrested. I have deduced from this and talking to parents that I was actually arrested and given a reprimand, which I remembered wrongly as just a telling off, not anything formal.

I now know that this will be on my police certificate, and I will have to explain on my IEC application what happened. I am hoping that due to the fact I was a juvenile, and its almost been a decade since, and it was only a reprimand, that I will be deemed rehabilitated and allowed to proceed with the application.

The bigger problem is that when travelling to Canada multiple times over the past two years, I applied for an ETA. Due to the fact that I was unaware of my arrest or reprimand when I applied, because it happened over ten years ago and I was only a child, I did not know the details - so I answered no to the question on the ETA form asking me if I had ever been arrested cautioned or reprimanded. 

So my question is - will the immigration officer compare my IEC application to my ETA, and see that the answers are different? Will they then be able to deem me a liar and reject me from ever entering? Is that common protocol to compare the two? 

Could I be accused of misrepresentation? in truth I was unaware of having been formally arrested when I made the declaration on my ETA. I thought I had just been taken to the station and given a telling off, I was only 14 and I quickly forgot it. 

What is my best course of action here? In my note on the IEC application explaining my reprimand, should I explain what's happened and that I was unaware of my conviction until obtaining my police certificate, and then admit that the answer was different on my ETA? Will that approach work or is it just a guarantee of rejection because technically I have lied? 

I am really very worried about this as I was planning to go and live with my girlfriend over there for two years and if I'm rejected then we'll pretty much have to end our relationship. 


Any help or advice would be appreciated. Thank you.



Replies:
Posted By: pmm
Date Posted: 22 Feb 2018 at 2:48pm
Hi

Originally posted by mastermullen mastermullen wrote:

<span style="color: rgb21, 21, 21; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 14.666666984558105px;">Hi there.</span><br style="margin-top: 0px; color: rgb21, 21, 21; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 14.666666984558105px;"><span style="color: rgb21, 21, 21; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 14.666666984558105px;">I'm in a confusing situation concerning my application for IEC. I am in the process of applying currently, and I applied for my ACRO police certificate a week ago. When asked on the application for the police certificate if I had been arrested, cautioned or reprimanded, I answered no. </span><br style="color: rgb21, 21, 21; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 14.666666984558105px;"><br style="color: rgb21, 21, 21; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 14.666666984558105px;"><span style="color: rgb21, 21, 21; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 14.666666984558105px;">When I was 14 years old, I was found in possession of a small amount of cannabis, taken to the police station, then later released. I assumed I had just received an informal telling off and that it was not on my record. However ACRO have got back to me asking about if I am sure whether I have never been arrested. I have deduced from this and talking to parents that I was actually arrested and given a reprimand, which I remembered wrongly as just a telling off, not anything formal.</span><br style="color: rgb21, 21, 21; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 14.666666984558105px;"><br style="color: rgb21, 21, 21; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 14.666666984558105px;"><span style="color: rgb21, 21, 21; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 14.666666984558105px;">I now know that this will be on my police certificate, and I will have to explain on my IEC application what happened. I am hoping that due to the fact I was a juvenile, and its almost been a decade since, and it was only a reprimand, that I will be deemed rehabilitated and allowed to proceed with the application.</span><br style="color: rgb21, 21, 21; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 14.666666984558105px;"><br style="color: rgb21, 21, 21; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 14.666666984558105px;"><span style="color: rgb21, 21, 21; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 14.666666984558105px;">The bigger problem is that when travelling to Canada multiple times over the past two years, I applied for an ETA. Due to the fact that I was unaware of my arrest or reprimand when I applied, because it happened over ten years ago and I was only a child, I did not know the details - so I answered no to the question on the ETA form asking me if I had ever been arrested cautioned or reprimanded. </span><br style="color: rgb21, 21, 21; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 14.666666984558105px;"><br style="color: rgb21, 21, 21; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 14.666666984558105px;"><span style="color: rgb21, 21, 21; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 14.666666984558105px;">So my question is - will the immigration officer compare my IEC application to my ETA, and see that the answers are different? Will they then be able to deem me a liar and reject me from ever entering? Is that common protocol to compare the two? </span><br style="color: rgb21, 21, 21; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 14.666666984558105px;"><br style="color: rgb21, 21, 21; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 14.666666984558105px;"><span style="color: rgb21, 21, 21; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 14.666666984558105px;">Could I be accused of misrepresentation? in truth I was unaware of having been formally arrested when I made the declaration on my ETA. I thought I had just been taken to the station and given a telling off, I was only 14 and I quickly forgot it. </span><br style="color: rgb21, 21, 21; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 14.666666984558105px;"><br style="color: rgb21, 21, 21; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 14.666666984558105px;"><span style="color: rgb21, 21, 21; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 14.666666984558105px;">What is my best course of action here? In my note on the IEC application explaining my reprimand, should I explain what's happened and that I was unaware of my conviction until obtaining my police certificate, and then admit that the answer was different on my ETA? Will that approach work or is it just a guarantee of rejection because technically I have lied? </span><br style="color: rgb21, 21, 21; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 14.666666984558105px;"><br style="color: rgb21, 21, 21; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 14.666666984558105px;"><span style="color: rgb21, 21, 21; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 14.666666984558105px;">I am really very worried about this as I was planning to go and live with my girlfriend over there for two years and if I'm rejected then we'll pretty much have to end our relationship. </span><br style="color: rgb21, 21, 21; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 14.666666984558105px;"><br style="color: rgb21, 21, 21; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 14.666666984558105px;"><br style="color: rgb21, 21, 21; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 14.666666984558105px;"><span style="color: rgb21, 21, 21; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 14.666666984558105px;">Any help or advice would be appreciated. Thank you.</span>


1. You are probably not inadmissible, as you would have been convicted as "young offender" in Canada. Here is what IRCC says

"
Were you convicted as a juvenile?

In Canada, a young offender is someone who is 12 years of age or older but less than 18 years of age.

You are not inadmissible if you:

    were convicted in Canada under the Young Offenders Act or the Youth Criminal Justice Act, unless you received an adult sentence,
    were treated as a young offender in a country which has special provisions for young offenders, or
    were convicted in a country which does not have special provisions for young offenders but the circumstances of your conviction are such that you would not have received an adult sentence in Canada.

You are inadmissible if you:

    were convicted in adult court in a country that has special provisions for young offenders, or
    were convicted in a country which does not have special provisions for young offenders but the circumstances of your conviction are such that you would have been treated as an adult in Canada"

2. You would have been treated in the following manner in the UK\\

Children over 10

Children between 10 and 17 can be arrested and taken to court if they commit a crime.

They are treated differently from adults and are:

    dealt with by youth courts
    given different sentences
    sent to special secure centres for young people, not adult prisons


They are treated differently from adults and are:      dealt with by youth courts

3. So just explain that you received a reprimand when you were a juvenile. Your ARCO check probably state "no trace" as you were a juvenile.

-------------
PMM


Posted By: mastermullen
Date Posted: 23 Feb 2018 at 9:19am
Thanks for your help. That's reassuring to know that my reprimand as a juvenile may not make me inadmissible.

My other problem, though, is that I did not declare this reprimand on my ETA form that I submitted two years ago. I answered no when asked if I had ever been arrested, cautioned or convicted. (Because I didn't remember being actually arrested, I thought I was just taken to the station and released with a telling off)

 So if they compare the two forms, which I assume they do, will they see that I have provided two different answers? Could they accuse me of lying / misrepresenting myself? 


Posted By: pmm
Date Posted: 23 Feb 2018 at 2:06pm
Hi

Originally posted by mastermullen mastermullen wrote:

Thanks for your help. That's reassuring to know that my reprimand as a juvenile may not make me inadmissible.

My other problem, though, is that I did not declare this reprimand on my ETA form that I submitted two years ago. I answered no when asked if I had ever been arrested, cautioned or convicted. (Because I didn't remember being actually arrested, I thought I was just taken to the station and released with a telling off)

 So if they compare the two forms, which I assume they do, will they see that I have provided two different answers? Could they accuse me of lying / misrepresenting myself? 


1. Just upload a "mea culpa" explanation that you were 14 at the time, and didn't realize that you were cautioned. Before you start worrying get your ACRO and see what it says.

-------------
PMM


Posted By: mastermullen
Date Posted: 24 Feb 2018 at 4:36am
Okay thanks. The only issue is I may not receive my police certificate now until after the IEC deadline.. so I'll have to answer one way or the other, before I know for sure what it says,  and attach an explanation saying my certificate is still on its way. 

Thanks a lot for your help! 



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