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hopeless situation but hoping for some help

mrcanada

Star Member
Feb 24, 2015
56
1
My wife is canadian, we currently live in Croatia but we would love to move to Canada. But, a very big but, is that 5 years ago I was charged with leaving the scene of accident. I was found not guilty, I did stop and the judge believed me and not the other driver. Just today we received a letter that they will apeal the decision. In croatia everything is so slow, i cant believe that this is still hapening after more than 5 years.

So now when I request my police certificates it will say that the trial is in process. So I will probably have to kiss going to Canada goodbye.But i was thinking that someone can suggest what i can do? The apeal will probably take another couple of years. my lawyer is certain that we will win again.
 

DanSlh

Champion Member
Dec 24, 2014
1,279
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Brazil
Category........
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Sao Paulo
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App. Filed.......
09-03-2015
AOR Received.
17-04-2015
File Transfer...
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Med's Request
Upfront
Med's Done....
19-02-2015
Interview........
Waived
Passport Req..
22-06-2015
VISA ISSUED...
25-06-2015
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02-07-2015
But the rules says "convicted of a crime". You were not.
You can send a letter explaining what happened.
 

mrcanada

Star Member
Feb 24, 2015
56
1
DanSlh said:
But the rules says "convicted of a crime". You were not.
You can send a letter explaining what happened.
Thanks for your reply.

But if they are doing an appeal, how would that affect my application?
 

chris1302

Star Member
Sep 12, 2014
127
3
ottawa
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Visa Office......
Mississauga
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Pre-Assessed..
did you try pulling your police reposrt in croatia to see what is written on it? if you were found not guilty than it should not state it on the report? do you have a trial date?
i know that the process takes forever there, i was living the for 10 yrs (i am canadian) and came back with my husband a few months ago.
 

etienbjel

Star Member
May 15, 2014
149
6
Category........
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Singapore
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27-07-2014
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09-10-2014
AOR Received.
30-07-2014
File Transfer...
29-10-2014
Med's Done....
15-05-2014
Interview........
Initially requested but waived after providing more evidence online
Passport Req..
12-01-2016
VISA ISSUED...
10-02-2016
LANDED..........
20-05-2016
DanSlh said:
But the rules says "convicted of a crime". You were not.
You can send a letter explaining what happened.
It says convicted in Canada (form IMM5669 question 6a), but the next question (6b) asks if you are charged with or subject to any criminal proceedings in any other country.

You should still send a letter explaining this and emphasize your success in winning the previous lawsuit. Maybe get a testimony from your lawyer explaining why he thinks you will win the appeal?
 

mrcanada

Star Member
Feb 24, 2015
56
1
Thanks everyone for your replies.

One police certificate says that I have no criminal history. The one that's for pending charges, it says that I was acquitted but on the second page it says that it's in progress.

When I asked why it says in progress, they told me because an appeal was requested by the state attorney.

My lawyer agreed to write a letter explaining everything. He also states that I'm not obligated to attend the appeal, because it's something minor.
 

mrcanada

Star Member
Feb 24, 2015
56
1
I was also wondering, would I have to apply for rehabilitation?

Would it be best to send a regular application with the police certificates that I have and include a letter from a lawyer and then just hope for the best?
 

canadianwoman

VIP Member
Nov 6, 2009
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05-05-2009
You don't have to apply for rehabilitation, since you were not convicted of anything. For this, I would consult an immigration lawyer in Canada, just to be safe. I would try sending a regular application with the police certificates and include a letter from your lawyer.
 

mrcanada

Star Member
Feb 24, 2015
56
1
Re: hopeless situation but hoping for some help - UPDATE

UPDATE:

I've consulted a lawyer and this is what he told me. So from what I understand, since I'm from visa-exempt country, I can go to Canada, apply for PR, will probably get refused, then we can do an appeal once my case was resolved. Does anyone know if this can affect the application for OWP? I mean is there a way for them to refuse OWP based on this. I wouldn't think so since the PR application hasn't been refused yet. Am I understanding this correctly? Any insight would help..thanks so much

Your current court case in Croatia will affect your application.


application will be approved then if you have a criminality charge: The file will then be refused by visa office at that time: we will have to go for appeal (this is additional fee) in Canada and request travel document until you are admissible for PR

I would recommend that you travel to Canada as you do not need a visitor visa: you can stay in Canada until you receive your PR application (if no criminality)
 

scylla

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Jun 8, 2010
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05-10-2010
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You won't be able to appeal if you apply inland. There are no appeals with the inland process. If you are refused, you will have to apply again from scratch using the outland process.
 

BChome

Star Member
Nov 3, 2014
55
4
Wales
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London
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0512 and 2121
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Doc's Request.
15-07-14 & 15-10-2014
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22-08-2013
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15-07-2014
Med's Done....
(03-06-2013 - expired) 26-07-2014
The fact that there are current proceeding against you will affect any application that you submit at this point, this includes PR, OWP and TRP and all others.
If you try to enter Canada you will be asked about previous convictions or impending court dates, which you'll have to answer truthfully especially if you're planning on becoming a PR in Canada. Unfortunately the chances are you'll get turned away at the border. With immigration it seems that you're guilty until proven innocent rather than the other way round, and CBSA will probably turn you away as a potential flight risk (disappearing once you're inside Canada). If you really are wanting to make Canada your home then it probably isn't worth trying as it will cause more problems later.
My suggestion to you would be to proceed with your planned PR application. You will also need to include a Humanitarian and Compassionate submission (which has the ability for you to potentially overcome your current situation, even if you are found retrospectively guilty) in this you will need to provide a detailed account of the incident (accident) and everything related to that since. For instance copies of the original trial details, police reports, current action being taken against you etc etc. Also, you will need to emphasize how a negative PR decision will adversely effect you and your partner. This is really important for a successful H&C. Include personal character references, job references, details of any volunteering; basically highlight all positive aspects about yourself and try and show that you won't be a danger to Canadian citizens and that one potential single mistake is not typical of your behaviour. Provide as much information as possible and be as transparent about it all as you can.
Basically a Humanitarian and Compassionate submission allows the visa officer looking at your application to weigh up the benefits against the negative points, and they will have the ability to override the usual PR refusal for criminal inadmissibility if they deem you as not a threat. If you are going to go down this route collect as much evidence as possible to testify to your usual good character to submit with your application. You may also want to submit a 'For Information Only' rehabilitation application with your PR.
You can only officially apply for rehabilitation 5 years after the sentence for your conviction is spent, but you can submit it 'For information only' which shows the Visa office that you plan to apply to be rehabilitated when the timeframe allows.
Another possible line of enquiry is to check with Canadian law as whether it would be legal in Canada to revisit a case in which you've already been acquitted. The crime, court proceedings and sentence need to correlate between Canada and the country that the offence took place. If it would be unlawful to take you back to court after acquittal in Canada then you should be ok. If this is the case then this will need to be clearly explained in your application.
I'm guessing you have a good criminal lawyer? Because trying to get the prosecution to drop the case would be the ideal outcome... this is would be your best chance for a smooth PR application, and I would be focusing my energies on getting these new charges overturned somehow. If its been done once then it could happen again... unless there's new undisputable evidence come to light.
Another point if you're desperate to get to Canada would be to submit your OWP (or TRP - more likely to succeed, see CIC section on criminal inadmissibility) along with your PR application explaining that you'd like to be in Canada while this is being dealt with.
They are all long shots, CIC really don't like potential criminality, but it is possible to overcome without an appeal. But be warned it will take much longer than the usual advertised process times if you decide to go down this road.
I have been through this myself... my PR application has taken 18 months so far... However a decision was made on my case on Feb 9, but they still haven't notified me what the decision is yet, so I cannot tell you whether this has been successful or not at this point! I hope and pray that I don't have to go down the appeal road, but I will if I have to!
Also I don't know how good your immigration lawyer is, but my advice is don't get a standard immigration lawyer. You will need someone that specialises in H&C, criminality and appeals.. I had to sack my lawyer of 2 years (she talked the talk but was totally out of her depth with such a complex case) and have now retained a specialist in this area. Using someone based in Canada is advisable too, as they are generally far more familiar with Canadian case law than their European counterparts.
Good luck, it is a nightmare, but it is possible to overcome with hard work and determination!
 

mrcanada

Star Member
Feb 24, 2015
56
1
Thank you so much for your input. I hope that you get your answer soon from them and that's a good one. Are you currently in Canada?

I've never heard anyone doing Humanitarian and Compassionate submission in a situation like this but I'm going to look into it.

Is it possible that they would refuse OWP if I'm in Canada while waiting to sort all of this out? This is my main concern as I need to be in Canada but also would like to work.

thanks again
 

mrcanada

Star Member
Feb 24, 2015
56
1
scylla said:
You won't be able to appeal if you apply inland. There are no appeals with the inland process. If you are refused, you will have to apply again from scratch using the outland process.
I don't think this is true, there is a judicial review, that's like an appeal. I spoke to couple of lawyers and they have all confirmed this.
 

taffy7

Champion Member
May 23, 2013
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mrcanada said:
I don't think this is true, there is a judicial review, that's like an appeal. I spoke to couple of lawyers and they have all confirmed this.

what scylla said is a fact ... you can not appeal inside Canada . BCHOME is not in Canada . You be lucky if you get into the country never mind getting an OWP .. read what bchome suggested , she is telling you the facts.
 

mrcanada

Star Member
Feb 24, 2015
56
1
taffy7 said:
what scylla said is a fact ... you can not appeal inside Canada . BCHOME is not in Canada . You be lucky if you get into the country never mind getting an OWP .. read what bchome suggested , she is telling you the facts.
So you are saying when I send my PR application together with my OWP, they will refuse the OWP straight away even though my PR application hasn't been refused yet. I'm just trying to understand this.