Criminal Conviction and chances to immigrate

[volkan95]

Good evening,


when i was 23 years old, i did get two convictions for fraud , the first one was a fine about 300 euros and the second one already an aggravated fraud in 19 cases with a damage of 700 Euros.

Now, i am 36 and since then i didnt get a problem with the law.

The problem was at that time, my girlfriend did suffer by a mental disorder. She did use my ebay account, my credit cards, nearly everything. And shes been cheating on me, when i did get the reports for fraud, i did start to ask
her and she said, she will pay it back, but nothing happened, so the district attorney did charged me with those crimes and for the second one i did get 8 months on probation.
I absolutely didnt realize any crime, she just acted with my accounts without my permission and my attorney did say that it wouldnt make sense if i say that she has done all this, because she denied to say something and she let me
alone with this. I wanted to kill myself, for having a criminal history, now i am an attorney and i have children, including a program which help people who got frauded, i am the owner.
It was a hard time, very hard time.
I am not here to cry or tell you guys how much i suffered, i just want you guys to understand the circunstances at that time, years ago. The fraud was, buying things and not pay the bills, in the case of my ex girlfriend, because
i did not realize any of these crimes, but however i am the convicted one and i need to accept it. My register here in germany is already clean, there is nothing anymore.

Now years later, i am interested in immigrate to canada, do i have any chance and if so, which ones and how probably would it be that i would get accepted?

In germany any kind of fraud is not a felony.

 

[Sam Westchester]

You should be "deemed rehabilitated" based on what you've posted here, which means you can enter Canada.

But it's always safe to find out first. As you can see, you can do so at these places: https://www.canada.ca/en/immigratio...iminal-convictions/deemed-rehabilitation.html Once you're sure you are deemed rehabilitated then you can apply to immigrate.

Lots of information about your situation here:

Rehabilitation for Persons Who Are Inadmissible to Canada Because of Past Criminal Activity - Canada.ca

Rehabilitation for Persons Who Are Inadmissible to Canada Because of Past Criminal Activity

www.canada.ca

 

[volkan95]

Dear Sam, thank you for your help.


my case wouldnt be considered as an indictable offence in canada, because having an indictable offence would require an individual rehabilitation or i still can be aproved by being deemed rehabilitaded??? thank you so much.

 

[Sam Westchester]

So whether or not it's considered an indictable offense in Canada is based upon actual Canadian law. But you said this was 13 years ago. When did the sentence end?

 

[volkan95]

11 years . So it will be considered as an indictable offence, though it didnt exceed 5000 dolars the damage?

 

[Sam Westchester]

"you may be deemed to have been rehabilitated if at least ten years have passed since you completed the sentence imposed upon you, or since you committed the offence, if the offence is one that would, in Canada, be an indictable offence punishable by a maximum term of imprisonment of less than ten years." https://www.canada.ca/en/immigratio...admissible-canada-past-criminal-activity.html

So you're okay.

 

[volkan95]

Thank you so much.

But, an aggravated Fraud in Canada is punishable up to 15 years, so it exceeds those 10 years. In germany an aggravated fraud is punishable up to 10 years. Thank you for your help my dear.

 

[Sam Westchester]

So the way it works is that if it's an indictable offense you have to wait over 10 years from the end of the sentence before you can apply for criminal rehabilitation or be "deemed rehabilitated."