NBI written explanation and court case document required

[butyak01]

Hello!

My husband already received his PPR but along with it are requests to submit an NBI written explanation and court case documents. He got NO CRIMINAL RECORD on his NBI record but I think CEM has it's own way of investigating. My husband works in a hospital and supervises interns. One troubled intern wanted to retaliate and filed a a sexual harassment lawsuit against him back in 2009. 2 weeks after my husband received the subpoena, she apologized to him for making up a story against him. She claimed she was just mad at him for always being reprimanded for her tardiness and tampering of time sheet. She withdrew the case and was dismissed but unfortunately it was already forwarded in the RTC thus recorded at NBI.

Is there anyone in the forum who got court cases before? Would this affect my sponsorship on my husband? I'm just so worried about this matter.

 

[ruthinte]

Hello, we are in the same situation, my husband got an nbi with no criminal record on file, but we didn't get a call yet from CEM, to submit an explanation letter from nbi. As per my agent we don't have to worry that much as long as the case is closed and he is cleared. So I guess same with your husband, if you have a copy of dismissed case, it would help, and I think that the own way of CEM is to ask letter of explanation from nbi directly: Are you applying from outside Canada?

 

[butyak01]

Hello, we are in the same situation, my husband got an nbi with no criminal record on file, but we didn't get a call yet from CEM, to submit an explanation letter from nbi. As per my agent we don't have to worry that much as long as the case is closed and he is cleared. So I guess same with your husband, if you have a copy of dismissed case, it would help, and I think that the own way of CEM is to ask letter of explanation from nbi directly: Are you applying from outside Canada?

My husband got an Affidavit of Dismissal. We already requested a letter of explanation from NBI main office. Yes, I am applying from outside Canada.

What is your timeline? You might be ask for the same documents. MIght as well get all the court case documents and NBI written explanation so by the time you will get the PPR you're ready to send all the documents.

 

[ruthinte]

That's good. Yes, we prepared as well, but As you said, CEM has their own, as per my agent we have to wait for CIC to request an explanation letter from NBI. I don't know if it's different procedure, my husband is here with me in Csnada, so hopefully they will ask a letter directly from us not from nbi Manila. Heres my timeline: application received : August 2012. Medical done: Nov 2012. Medical receive: Jan 2013 ecas status: kn process. How about you?

 

[ruthinte]

I don't think I can't get an explanation from nbi without the consent on CEM?

 

[butyak01]

Oh right. How could I forget?! THe NBI manila would require a letter coming CEM.

We have the same status in the ecas. Are you an inland applicant?

 

[ruthinte]

Yes. Are you in Canada? Actually we don't have to worry, I don't think it would cause a refusal of our pr, but maybe it would cause of delay...

 

[Steph C]

Hi Guys, we have a similar situation in my partner's ex wife filed a court case against him a year ago. He thought it was closed already, but recently found out that it was not. They settled it with a lawyer a few months ago and he has this record of dismissal paper. It shouldn't show up on his NBI as it was dismissed.. but I'm thinking about the checks they will do and wondering if it will come up on some kind of record. I guess we will just have to wait and see.

 

[butyak01]

Hi Guys, we have a similar situation in my partner's ex wife filed a court case against him a year ago. He thought it was closed already, but recently found out that it was not. They settled it with a lawyer a few months ago and he has this record of dismissal paper. It shouldn't show up on his NBI as it was dismissed.. but I'm thinking about the checks they will do and wondering if it will come up on some kind of record. I guess we will just have to wait and see.

Hi, Steph C!

My husband's NBI clearance stated NO CRIMINAL RECORD since the case was dismissed but then CEM stated in their letter they need an NBI written explanation regarding the "remark" which I didn't see. This only mean that they make their own verification with NBI.

You're partner got his PPR just one day ahead of my husband's but CEM stated in the PPR letter that they would require the letter of explanation from NBI and court documents. Good you're partner was not asked for these.

 

[ruthinte]

Hi Steph, is your husband with you in Canada?

 

[ruthinte]

Hi Steph, is your husband got an Nbi with " no records on file" remark? Thanks

 

[Steph C]

Hi, Steph C!

My husband's NBI clearance stated NO CRIMINAL RECORD since the case was dismissed but then CEM stated in their letter they need an NBI written explanation regarding the "remark" which I didn't see. This only mean that they make their own verification with NBI.

You're partner got his PPR just one day ahead of my husband's but CEM stated in the PPR letter that they would require the letter of explanation from NBI and court documents. Good you're partner was not asked for these.

Hi Guys, our original NBI was quite old.. we applied in April 2012. I visited there in Christmas 2012 and I think that's when his ex filed the lawsuit.. she files a fresh one every time I visit, because as a foreigner I am loaded with money ;D and she knows he can't leave the country with pending charges. I really have a hard time keeping those complaints straight, but I think it was filed after our application. I never thought it was a big deal, because she is always scamming us for money with tactics like this.. every time we give her money she drops the charges or signs some paper of understanding. In Canada you could never get away with something like that... it's blackmail. Every time she gets a higher monthly settlement.. I just can't see an end to it until he can come here.

Anyways, I'm venting a bit... grrr..

-Yes, our NBI was old, but she had pressed charges or lawsuits previously to the NBI and also after.. All have now been officially closed. Also, recently he got another NBI out of paranoia

-We did just get our PPR with no request for documents, but I also got our GCMS notes and as of 1 week before the PPR there were no checks run yet

-No, he's not in Canada. We previously had worked and lived together overseas and are applying Conjugal because of reasons stated above :

All these problems with his ex are ones that make me worry at night about our visa. Although it's great proof that they are no longer together, I don't know when she will ever stop her harassment of him and us.. She doesn't work so this is her full time job. :

 

[butyak01]

Hi Guys, our original NBI was quite old.. we applied in April 2012. I visited there in Christmas 2012 and I think that's when his ex filed the lawsuit.. she files a fresh one every time I visit, because as a foreigner I am loaded with money ;D and she knows he can't leave the country with pending charges. I really have a hard time keeping those complaints straight, but I think it was filed after our application. I never thought it was a big deal, because she is always scamming us for money with tactics like this.. every time we give her money she drops the charges or signs some paper of understanding. In Canada you could never get away with something like that... it's blackmail. Every time she gets a higher monthly settlement.. I just can't see an end to it until he can come here.

Anyways, I'm venting a bit... grrr..

-Yes, our NBI was old, but she had pressed charges or lawsuits previously to the NBI and also after.. All have now been officially closed. Also, recently he got another NBI out of paranoia

-We did just get our PPR with no request for documents, but I also got our GCMS notes and as of 1 week before the PPR there were no checks run yet

-No, he's not in Canada. We previously had worked and lived together overseas and are applying Conjugal because of reasons stated above :

All these problems with his ex are ones that make me worry at night about our visa. Although it's great proof that they are no longer together, I don't know when she will ever stop her harassment of him and us.. She doesn't work so this is her full time job. :

That's so sad. Just pray that everything will be alright. If she files another lawsuit then use the document she has signed for settlement or file a counter lawsuit against her. I know this is not easy that this I think is the only way to stop her from harassing you and your partner.

 

[ruthinte]

I think that should be fine. Lucky enough if the CEM didn't notice his NBI. Just keep praying. One more step.. You and your partner will live together. Stay positive

 

[redmaplerice]

Hello I have started a new thread but no one has replied -- it is about the very same topic- I am applying under the CEC, and when I after the final request for medical and NBI, my NBI records showed "No criminal record" because if a dismissed cased filed by a co worker from 8 years ago. I have worked so hard to reach this CEC status only to be bothered by this.. I am very worried as my son is already here (I am divorced) and the last thing I need is an application rejection do you have an idea how everything will pan out? I have a dismissal from the court but I plan to hold on to it until further instruction from the CIC. Will they still issue my PR? How did your cases go? A reply is much apprecieated