Will draft dodging outside of Canada effect my PR chance?

[dogcatdoc]

Let's say I'm from country A, where conscription is mandatory. I dodged the conscription and am working in Canada instead and would like to apply for PR here. Country A then treated my draft dodging as a crime. Will Canada check for the criminal record for draft dodging/desertion and will this affect my chance of getting PR here? If there's anything else I can read from that'd be great too.

 

[Bs65]

Maybe an obvious question but you had status as a worker before you dodged the draft or after.

Generally police checks are an integral part of the application process so ultimately depends on what Country A shows on any police check to reflect dodging the draft and how immigration relate that to any crime in Canada, not easy I guess as no conscription in Canada.

 

[scylla]

Let's say I'm from country A, where conscription is mandatory. I dodged the conscription and am working in Canada instead and would like to apply for PR here. Country A then treated my draft dodging as a crime. Will Canada check for the criminal record for draft dodging/desertion and will this affect my chance of getting PR here? If there's anything else I can read from that'd be great too.

It may or it may not. You do have to submit a police check as part of the immigration process. If draft dodging creates a criminal records - then it's possible you may have a problem depending on the charge. Additionally, you need to be holding a valid passport both at the start and at the end of the immigration process. Some countries will refuse to renew or issue passports to people who have failed to meet these types of commitments.

 

[jes_ON]

Let's say I'm from country A, where conscription is mandatory. I dodged the conscription and am working in Canada instead and would like to apply for PR here. Country A then treated my draft dodging as a crime. Will Canada check for the criminal record for draft dodging/desertion and will this affect my chance of getting PR here? If there's anything else I can read from that'd be great too.

There's a policy of handing military deserters on a case-by-case basis (under refugee claims), but primarily because desertion is also a crime in Canada. But evasion is not desertion.

If you do have a criminal record, the rule is to apply Canadian law to determine if the same action would be a crime in Canada. Since there is no draft in Canada, there is no parallel in Canadian law. You *might* have a chance. You would have to write a letter of explanation...

It might be worth a consultation with an immigration lawyer.

 

[omarfayez]

if I have a mandatory military in my home country but didnt serve, would that be an issue? I travelled to Canada 7 years ago with student exemption from military but didnt serve. I also got my PCC with no criminal record.

It may or it may not. You do have to submit a police check as part of the immigration process. If draft dodging creates a criminal records - then it's possible you may have a problem depending on the charge. Additionally, you need to be holding a valid passport both at the start and at the end of the immigration process. Some countries will refuse to renew or issue passports to people who have failed to meet these types of commitments.

 

[omarfayez]

if I have a mandatory military in my home country but didnt serve, would that be an issue? I travelled to Canada 7 years ago with student exemption from military but didnt serve. I also got my PCC with no criminal record.

There's a policy of handing military deserters on a case-by-case basis (under refugee claims), but primarily because desertion is also a crime in Canada. But evasion is not desertion.

If you do have a criminal record, the rule is to apply Canadian law to determine if the same action would be a crime in Canada. Since there is no draft in Canada, there is no parallel in Canadian law. You *might* have a chance. You would have to write a letter of explanation...

It might be worth a consultation with an immigration lawyer.