2 convictions

[emmagail]

2 convictions
for anybody in my postion:

- 2 convictions, sentence(s) were fines (1999, fraud & 2000 DUI) and a 1yr driving ban, I was BACK driving 10 years last April.

I got this sent to me, by my dad, who was a newspaper editor for over 40 years, with a forensic understanding of wording of stuff!
http://www.cic.gc.ca/english/visit/c...asp#individual


by that, i am already deemed rehabilitated, and i got onto CIC 1888, and they confirmed

so if anybody is in the same boat, hope it helps.

- now to decide inland or outland! (i will be applying for WP, which is just about as quick as getting full PR outland)

 

[Stumpedmom]

if its been 10 years since the end of the ban or probation, or release from jail...whichever you got, then you should be deemed rehabilitated....

Depending on the country of where you are from you will want to look at the processing times...if you apply inland yes you can apply for OWP, but it will take 9-10 months for 1st stage approval when you will get your OWP.

Depending on the Visa office you have to go through, you are looking at 70 days in Mississauga, and for your country the times are listed below...

http://www.cic.gc.ca/english/information/times/perm/fc-spouses.asp

If you are from a visa exempt country you can try to enter and get your visa for up to 6 months, and then have it extended and attach proof that your PR application has been filed....

 

[emmagail]

both and positives & negatives:
Inland:
OWP in 10mths approx
No danger of being called for interview (even though I am married to a Canadian born for 6years)
No appeal

Outland:
FULL PR, not just WP in about the same lenght of time
danger of being called for an interview (with only 1 income, we cant afford the flights to UK (i am Irish)

the only pressing thing about leaving Canada is to a) go home for a good piss-up
and b) going down to a few friends in NY, and to buy a boat when i am working!

 

[Stumpedmom]

both and positives & negatives:
Inland:
OWP in 10mths approx
No danger of being called for interview (even though I am married to a Canadian born for 6years)
No appeal

Outland:
FULL PR, not just WP in about the same lenght of time
danger of being called for an interview (with only 1 income, we cant afford the flights to UK (i am Irish)

the only pressing thing about leaving Canada is to a) go home for a good piss-up
and b) going down to a few friends in NY, and to buy a boat when i am working!

The other concern is the right of appeal...you can not appeal if you are refused inland, and have you been legally admitted to Canada for atleast 1 year...if so, you can also apply through Buffalo....

London is actually processing most files in a shorter than the 9 month period...and if you need an extension you file via snail mail and you will be on implied status, which means you will get some "bonus time" staying with your spouse....

If you are visa exempt and have to file through London...I would honestly go outland, because it will be so much faster, and you have the right to appeal....make sure that you have loads of proof to prove your relationship and the fact that you have been married for 6 years you should not have much of an issue proving that....

Best of Luck...

 

[emmagail]

The other concern is the right of appeal...you can not appeal if you are refused inland, and have you been legally admitted to Canada for atleast 1 year...if so, you can also apply through Buffalo....


There lies another problem - i am sending off the form to re-instate my status over the next few days.
My wife is between jobs so i will have to forward the proof of means of support later

So maybe Inland is best, until they process my reinstatement, so i have status in Canada {i had a brain fart last week about going up to border near me, but was scared off!}
I made a balls of the initial extension by only sending off the form, no documentation, so i was given 90 days to re-instate it.

Does that mean that i am still legal in Canada? I entered Sept 2010



looking at the list, Buffalo is longer than UK, and will i get into US when they ask about CIMP?

 

[Stumpedmom]

The other concern is the right of appeal...you can not appeal if you are refused inland, and have you been legally admitted to Canada for atleast 1 year...if so, you can also apply through Buffalo....


There lies another problem - i am sending off the form to re-instate my status over the next few days.
My wife is between jobs so i will have to forward the proof of means of support later

So maybe Inland is best, until they process my reinstatement, so i have status in Canada {i had a brain fart last week about going up to border near me, but was scared off!}
I made a balls of the initial extension by only sending off the form, no documentation, so i was given 90 days to re-instate it.

Does that mean that i am still legal in Canada? I entered Sept 2010



looking at the list, Buffalo is longer than UK, and will i get into US when they ask about CIMP?

what does CIMP mean??? I totally agree about the timelines, just as more convenient visa office is what I was recommending....Not sure if you need a visa to enter the US....but IMHO I would go through London, and having been married for 6 years, is a lot of proof in itself as to the genuine relationship....

If you are within the 90 days and you already applied for the extension, but need to provide more proof, then I think you are on implied status...but make sure you get that information in, and have proof that you sent it in....

 

[emmagail]

When you enter the US, from land, sea or air, they ask

"have you ever been convicted of a Crime Involving Moral Torptitude" - most people don't know what that means so answer "NO"!

just worried about when they open my application, and check my status, it will show that i am out of status

 

[ddobro2]

I wouldn't say "no danger" of being asked for an interview. This is from CIC's inland processing manual: "The CPC-V [that would be Vegreville, where you would send your inland application should you choose to go that route] should refer cases to a CIC [weirdly-worded there, might be a typo] where an interview is warranted or where serious criminality is involved. Examples of situations that may be handled by an inland CIC are:
• suspected relationships of convenience, including relationships that have been dissolved for the purposes of acquiring any status or privilege under IRPA and then resumed.
• suspected misrepresentation;
• serious criminality or security, as described in A34, A35, A36(1) and A37."

both and positives & negatives:
Inland:
OWP in 10mths approx
No danger of being called for interview (even though I am married to a Canadian born for 6years)
No appeal

Outland:
FULL PR, not just WP in about the same lenght of time
danger of being called for an interview (with only 1 income, we cant afford the flights to UK (i am Irish)

Well, I wouldn't make it too good of a "piss-up"....you don't want any additional complication to your case given your circumstances.

the only pressing thing about leaving Canada is to a) go home for a good piss-up
and b) going down to a few friends in NY, and to buy a boat when i am working!

 

[emmagail]

like what??

I have alot of family and friends i have not met in over a year - missed a family wedding, 2 close friends weddings, and a family funeral - i think i am allowed to go on the piss when i visit home

i drove drunk in my mid-20's ONCE, got caught,

i have been way more drunks hundreds of times before and after without incident

 

[ddobro2]

That was not meant to be insulting, and I didn't say you don't deserve to have a fun night out with your friends and family. I'm just trying to put myself in your shoes in imagining how I would approach the PR application process. For me, this is a big stakes thing and while I sit here for seemingly ever waiting for this damn visa office to process my application, I don't want to do anything that would give Canada a reason to reject me. Just my humble opinion. Best of luck.

like what??

I have alot of family and friends i have not met in over a year - missed a family wedding, 2 close friends weddings, and a family funeral - i think i am allowed to go on the piss when i visit home

i drove drunk in my mid-20's ONCE, got caught,

i have been way more drunks hundreds of times before and after without incident

 

[emmagail]

I meant the piss-up would be in Ireland when i have free travel as a PR, not until then!

Sorry, thought i was getting a lecture! (my mother still acts like i am the same idiot from all those years ago!

Would i really fall under serious criminality with those offences, such a long time ago, when their own guide says i am deemed rehabilitated?

Worse of all, my Irish police cert only shows the fraud charge, not the DUI!

 

[ddobro2]

Yes, I know you meant in Ireland, although I thought you meant before you landed (as you were talking about going the Outland route, in which case you'd be able to leave Canada). Look, I would never lecture anyone here. Even if I get a lot of information from someone's posts and I feel like I know them, I don't really know them, so I'm not going to talk to them like I do, which is what lecturing is, really. But come on, I had to mention that given that you already have a couple of convictions. I wish I could tell you about whether you would fall under serious criminality but I'm not even going to try because I have no knowledge in that area of immigration so I don't want to be giving incorrect advice. Although, it's good that the police cert only shows one of the two convictions, no? Anyway, hopefully an expert member here will be able to give you some insight on that. Best of luck to you.

I meant the piss-up would be in Ireland when i have free travel as a PR, not until then!

Sorry, thought i was getting a lecture! (my mother still acts like i am the same idiot from all those years ago!

Would i really fall under serious criminality with those offences, such a long time ago, when their own guide says i am deemed rehabilitated?

Worse of all, my Irish police cert only shows the fraud charge, not the DUI!