How to ensure immigration officer in home country understands Canadian law?

[winnifred]

Hi,

I recently received a suspended sentence in my home country for allowing illegal immigrants to stay in my rental property. Yes it is criminal in my home country to have someone with expire visa staying at my place, but apparently not a criminal act in Canada unless the person is under warrant (correct me if I'm wrong).

Coincidentally we are in the late stages of sponsorship. The criminal record check I previously submitted was clean. We declared the case on the application.

Now with the suspended sentence, it means I have a criminal record. My case is processed by the office in my home country. My previous experience in visa application was that the office had different interpretation e.g. in visa fees compared to the Canadian CIC office. Now I am really worried that my home CIC office will deny my application due to my sentence for a crime that is not considered illegal in Canada.

Is there anyway I can try to increase my chance? Transfer my case to a Canadian office (family sponsorship)? Ask Canadian CIC to write something in the system/issue a letter? Hire a lawyer? Please suggest!

 

[canadianwoman]

I am not sure what you mean. If you are being sponsored by your spouse to come to Canada, the office processing your file is a Canadian embassy or high commission, which while in another country is Canadian, and the visa officers are usually Canadian. At the very least, the visa officer's superiors will be Canadian.
So the visa officer processing your file should know Canadian law and apply it.
Sometimes for TRVs the person processing the file could be a national of the country the embassy is in, and not a Canadian. They should still know and apply Canadian law, though.

Transferring the case will not be possible, if it is a family class application. Asking CIC to write something will not help, because the visa officers are a part of CIC and should know what they are doing anyway.
I would not do anything about it at this time. Wait to see what the visa officer decides. They may refuse and let the issue be worked out in an appeal. If anything, consulting an immigration lawyer might help.