Sometimes unfortunate things happen, can a petty theft in 2014 effect my express entry program.

[dsouzas.23]

Hi, I was unfortunately involved in a Petty Theft case back in 2014 in USA. I am filing my express entry to Canada, got 8.5 in my IELTS exam. I did my master's in computer science from USA and worked for huge clients. But I am afraid the petty theft would effect my application process. Can anybody help me with this.

 

[lampbreaker]

Hi, I was unfortunately involved in a Petty Theft case back in 2014 in USA. I am filing my express entry to Canada, got 8.5 in my IELTS exam. I did my master's in computer science from USA and worked for huge clients. But I am afraid the petty theft would effect my application process. Can anybody help me with this.

Yes, it can affect.

 

[WarHammer]

Hi, I was unfortunately involved in a Petty Theft case back in 2014 in USA. I am filing my express entry to Canada, got 8.5 in my IELTS exam. I did my master's in computer science from USA and worked for huge clients. But I am afraid the petty theft would effect my application process. Can anybody help me with this.

You need not have any lingering doubts. It most certainly will affect and not in a good way.

Best thing to do would be to write a LOE explaining the circumstances that led you to thieve. Maybe just maybe the CIC officer might be able to let it go by not judging you based on this one incident.

Hope you have some kick ass writing skills!

 

[schilz]

The comments may seem to imply that you can convince an officer through some well crafted letter. That is not correct.

It all depends on the specifics of the incident and how it fits with what the 'Immigration and Refugee Protection Act' considers inadmissible grounds for criminality: https://laws-lois.justice.gc.ca/eng/acts/i-2.5/section-36.html

 

[dsouzas.23]

The comments may seem to imply that you can convince an officer through some well crafted letter. That is not correct.

It all depends on the specifics of the incident and how it fits with what the 'Immigration and Refugee Protection Act' considers inadmissible grounds for criminality: https://laws-lois.justice.gc.ca/eng/acts/i-2.5/section-36.html

Sir I am currently in the United States but I am from India. The link you sent is mostly offense in Canada.. It was a very petty theft. So not sure if it effects in anyway

 

[schilz]

Sir I am currently in the United States but I am from India. The link you sent is mostly offense in Canada.. It was a very petty theft. So not sure if it effects in anyway

Please read the link a bit more carefully, it doesn't matter where the offense was committed, what matters is that IF the same offense was committed in Canada... would its punishment fall in any of the categories detailed there.

....A permanent resident or a foreign national is inadmissible on grounds of serious criminality for.... having been convicted of an offence outside Canada that, if committed in Canada, would constitute an offence under an Act of Parliament punishable...

so if you committed a crime and was charged outside of Canada, you need to research what the equivalent crime is according to Canadian law, and determine if it falls in those categories. If possible I'd check with a lawyer, as not mentioning an offence (or making any mistake, or omissions when declaring it) when submitting your PR application could be considered misrepresentation and you could end up banned from Canada.

 

[dsouzas.23]

Please read the link a bit more carefully, it doesn't matter where the offense was committed, what matters is that IF the same offense was committed in Canada... would its punishment fall in any of the categories detailed there.

....A permanent resident or a foreign national is inadmissible on grounds of serious criminality for.... having been convicted of an offence outside Canada that, if committed in Canada, would constitute an offence under an Act of Parliament punishable...

so if you committed a crime and was charged outside of Canada, you need to research what the equivalent crime is according to Canadian law, and determine if it falls in those categories. If possible I'd check with a lawyer, as not mentioning an offence (or making any mistake, or omissions when declaring it) when submitting your PR application could be considered misrepresentation and you could end up banned from Canada.

Thank you very much for the reply, I just wanted to know is the Rehabilitation Program applied to American Citizens only ?