Serious question about canadian immigration

[spooklightCW]

Hiya,

I have one serious question about canadian immigration.
Well, me and my husband are suffered so much here in the UK. I dont know if anyone of you are familiar with a case like "falsely accused parents here in the UK". We are one of those, CPS ruined our life so much, we lost our baby and they were blaming us (the parents). Our world turned upside down. They dropped and close the case permanently and now it's time to move on.

We were just wondering what would be the bad effect of what had happened in us applying for an immigrant visa to canada. Me and my husband are both intelligent, we have both a degree and we passed the point system in canada. Please let us know if we have a chance or not.
We want to live a new life and in a new place.

Do we have to consult to an immigration lawyer?

Thanks very much,
catwoman

[Cosmopol]

Sorry to hear about the troubles...
If you pass the score mark for the skilled migration category, you should have no problem in getting a visa (provided you pass the security and medical checks). No need to hire a lawyer, as long as you are careful in following the application's instructions.

If you anticipate problems from the security or any similar angle, where you'd have to argue your way, having a lawyer from the start would help.

Good luck!

[spooklightCW]

Hiya,

Thanks for this information.
I asked because it's one of the question in the application form if you have been arrested or charged of something even if didn't lead to conviction.

It will show up on the security check for sure because the data protection act has been change a bit here in the UK, I think they will not delete about our arrest record in their database. Im not quite sure if this will have a big effect in applying a visa to canada.

Im not quite sure if they will grant us an immigrant visa for canada because of what happened?

Any same cases that you know that the canadian embassy grant the visa even if they experienced an arrest or charged by anything even it didnt lead to conviction?

My husband and I are still planning to take the risk of applying even if we're gonna loose the application fee.

Any immigration lawyer that you can recommend for us?

Thanks very much,
catwoman24_1400

[Rhodes]

The information you get from the police under the Data Protection Act details both charges and convictions, and perhaps simple arrests too, so the Canadian authorities will probably be aware of your past difficulties.

But, I am pretty sure that they would not worry about people who have not been convicted of a crime, as long as you meet the other requirements, of course.

Good luck with the application!

[Kayalami]

Catwoman,

I am sorry to hear of the difficulties you and your husband have experienced.

Section 36 of The Immigration and Refugee Protection Act (IRPA) classes as inadmissible to Canada Foreign Nationals who have been convicted either in Canada or in a jurisdiction outside Canada of offences that have or would lead to imprisonment in either Canada and/ or the jurisdiction in question. Given your comments that the CPS has closed the case I can say that you are ok in so far as this part of the process is concerned.

The details on the subject access data you obtain from the Metropolitan Police (New Scotland Yard) will determine the way forward. If it mentions charges and arrests relating to this matter then you should declare such in the Form “Schedule 1 – Background/ Declaration” as part of the skilled worker class application pack. I believe it is in your best interest to obtain from the relevant court (presumably Crown) written confirmation of the quashing/ withdrawal of the case in question. If no details pertaining to the case are listed in the subject access report then IMHO you don’t have to declare this matter your application.

It is advisable to seek competent legal advice on this matter to ensure that grounds of misrepresentation do not crop up. If you use a paid representative for this you must ensure they are authorised to do so under the new Government of Canada regulations effective 13 April 2004 i.e. they must be:

1. immigration consultants who are members in good standing of the Canadian Society of Immigration Consultants;

2. lawyers who are members in good standing of a Canadian law society and students-at-law under their supervision;

3. and notaries who are members in good standing of the Chambre des notaires du Québec and students-at-law under their supervision.

Hope that helps