I submitted my application along with the FBI report a few months ago. I received a letter asking for "Copies of Court Documents for Criminal Charge". I was arrested for a misdemeanor in college but got what they called a deferred conviction and after doing my community service hours there was no conviction.
What is Canada immigration asking for exactly? My case was in Virginia and I found a request for a Criminal Record Check (
http://www.vsp.state.va.us/CJIS_Criminal...heck.shtm) however I am not sure if this is the same thing as "copies of court documents". This was over 7 years ago and I have no physical paperwork. If you have any advice I would really appreciate it. Thank you!
What they wanted from us in regards to my son's arrest was a copy of the arrest record, and the documents from the court hearing that detailed the disposition of the case. They need to determine whether or not the arrest makes you inadmissible for permanent status - and that gets complicated.
Basically, my understanding of this is that the offence is "classified" based on its equivalent under Canadian law. That tells them whether it's five or ten years before the applicant is eligible to apply for rehabilitated status. Then they take the sentence that was actually imposed and, considering the date all restitution and conditions were satisfied, they add the five (or ten) years to that date to find out if you're eligible to be "deemed rehabilitated". What most people don't realize is that this means that the disposition of your case at home is basically irrelevant . . . in other words, your "deferred conviction" doesn't mean you're okay for PR. What matters is how your offence is classified under Canadian law, and how long it's been since you satisfied the conditions imposed on you.
Most (if not all) misdemeanor charges would probably be assessed a five year wait - so, 7 years after your arrest, it's possible you're eligible to be deemed rehabilitated. What's not clear, though, is whether or not the assessing officer will take it upon him/herself to render that status. The only way to know for sure that an arrest won't affect the processing of a PR application is to submit an Application for Rehabilitated Status (if you're eligible) before you apply for PR, and then include the "rehabilitated" certification with your PR application. That takes the determination out of the hands of the officer assessing your PR ap. Unfortunately, it's a bit late for that in your case, so all you can do now is give them everything you can get your hands on about the conditions of your arrest and the disposition of your case and hope for the best. If your PR application is refused over it, and you applied outland so that your sponsor has the right to appeal, file an appeal and hope for Humanitarian and Compassionate consideration . . . or submit an Application for Rehabilitated Status (you'll need all that documentation of arrest record and court disposition, etc., for that, too) and then re-apply for PR after you get rehabilitated status. That might take less time than waiting on an appeal - but that depends a lot on which Province your sponsor is from. Ontario takes a couple of years, Saskatchewan takes a few months - it's all over the board, really, depending on volume.
I hope things work out for you.
Thank you so much for this information. Where do you get a copy of the arrest records? I am not sure where to begin.
To be honest, it's been awhile and I'm not sure I ever really knew where he got them. I think it's probable his lawyer had them.