Dannards conviction on his permanent residence application

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Reference no: EM133804042

Mr. Dannard Monroe, a personal support worker with over 15 years of experience, came across the recent announcement of the Minister of Immigration, Citizenship and Refugees on a new pilot program to provide home care workers with permanent residence upon arrival in Canada. He had been desirous of migrating to Canada with his family for years, but his academic qualifications and low-test scores in his language assessment had been a hurdle to realizing this dream. He went through the pilot program requirements, and he qualifies for permanent residence; he also met a family online who were willing to employ him as a support worker in their group home. Excited at this great opportunity, Dannard has started compiling his documentation in preparation for the permanent residence application.

Dannard has approached you for advice because he is concerned that a previous criminal conviction could dash his family's dream of relocating to Canada. Dannard advised you that, in 2014, a court in the Bahamas convicted him of defrauding by false pretence, contrary to sections 58-59 of the Bahamas Penal Code. Given what happened, the court did not sentence him to jail, but he was ordered to refund the money to the victims and to pay a fine. He refunded the money and paid the fine in May of the same year. He confided in you that his cousin owns a business which the cousin had been running successfully for years. The company solicits people to make contributions, which is called "Asue." This is a well-known form of interest-free savings and borrowing in the Bahamas. This involves a group of people with a finite number who participate through a joint agreement, expecting to receive the total amount of money they contribute over a predetermined length of time. Dannard explained to you that, at that time, his income was meagre and inadequate to meet his wife's and three children's immediate needs. He was also responsible for the care of his aged parents and the medical bills of his younger brother, who was seriously sick. Due to his financial hardship, he went to his cousin for a loan, and his cousin advised him to gather a network of people to join his scheme. He was promised a commission on every deposit made by his referrals. This was very attractive to Dannard. He solicited several of his colleagues at work and relatives of his clients. He had about 50 people join the scheme. After about five months of operation, his cousin disappeared with over $100,000.00 in contributions from depositors. The court determined that the scheme was a pyramid or Ponzi scheme. Although the court held that Dannard was not a mastermind in the scheme, it concluded that he should have known that the scheme was not legitimate, especially given the amount of commission he earned on the deposits. Since he lost some of his own contributions to the scheme, he was given a lenient sentence.

Dannard wants to know if there are any potential repercussions of his conviction on his intended permanent residence application and if there are any steps he should take. He tells you that he really wants to come to work in Canada, where he will be able to earn a decent living and take care of his family, including his aged parents and brother.

1. What are the possible effects of Dannard's conviction on his permanent residence application? Be sure to include in plain language an explanation for the basis of any inadmissibility, noting relevant Canadian statutory provision(s) in your email.

2. Your email should set out what steps you would advise Dannard to take in light of the conviction when applying for permanent residence.

3. If Dannard is found to be inadmissible after applying for permanent residence, what options/remedies are open to him if he wishes to come to Canada temporarily or permanently in the future, and what are the chances of success?

Reference no: EM133804042

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