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Sponsor with criminal record/RCMP CLearance

redwine

Star Member
Jun 20, 2012
169
2
Galip said:
Hi Redwine!

I read another source about the matter. They say 5 years period starts after probation.

Here is the link:
http://www.cba.org/cba/cle/PDF/IMM11_Sedai_ENF14%20%282008-04-21%29.pdf (read page 20)

ENF 141 OP 19 Criminal Rehabilitation
DISTRIBUTION LIMITED TO CIC AND THE CBSA
16. Procedure: Calculation of the start date of the five-year or 1O-year period
The following will assist in the calculation of the start date of the five-year or 10-year period:
Act: the date on which the act occurred.
Conviction: the date of the end of the sentence.
Conviction and sentence In sbsentJtr. not eligible for rehabilitation because the sentence has
not been completed.
Imprisonment without parole: the date the term of imprisonment is completed.
Parole: the date on which parole ended.
Probation: is part of the sentence. Therefore, count from the end of the probation period.

CIC is not very clear on this, but when you read their manuals you see all the details.

I wish you good luck! All the best..
Hi Galip! I don't know..Im confused with their guidelines...Why did they approve my sponsor in the first place?
 

redwine

Star Member
Jun 20, 2012
169
2
Hi Galip!

My husband got his clearance from the RCMP 2 days ago.It says CONDITIONAL AND ABSOLUTE DISCHARGES ....I wonder why RCMP retains this should have been purge after 3 yrs automatically.Anyways, do you think will affect my application?
 

Galip

Hero Member
May 25, 2012
231
9
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redwine said:
Hi Galip!

My husband got his clearance from the RCMP 2 days ago.It says CONDITIONAL AND ABSOLUTE DISCHARGES ....I wonder why RCMP retains this should have been purge after 3 yrs automatically.Anyways, do you think will affect my application?
Hi Redwine,

RCMP records can only be clear if your partner applies for Canadian Pardon (I recommended this before)

The dates are very important on the RCMP document.

Find exact application date for your spousal sponsorship application, and go 5 years back. In between there shouldn't be any conviction including probation time. I hope this will not affect your application. If they reject it you will re-apply it any time, of course this will be a waste of time and money and will create a lot of stress.

I wish you good luck and all the best!
 

redwine

Star Member
Jun 20, 2012
169
2
hI I found this info..

Non-Conviction

You do not need to apply for a pardon if charges against you were dismissed, stayed or withdrawn, or did not result in a conviction.

If charges did not result in a conviction, but your record is on the RCMP system you may contact the arresting police force and ask them to request that the RCMP return your fingerprints and all information taken at the time of arrest for destruction. The police forces may choose to deny this request.

Retention and Destruction of Non-Conviction Information - Adults

The RCMP has introduced a new Policy for the Retention and Destruction of Non-Conviction Information – Adults which outlines the criteria used by the RCMP to determine whether non-conviction information contained in the National Repository of Criminal Records is retained or destroyed. “Non-conviction information” refers to criminal charges with court decisions other than “guilty”. These decisions include acquittals, withdrawals, stays of proceedings, peace bonds, and findings of “not guilty”.


His case was 2006 apr. and it says withdrawn and stayed proceedings on the disposition..and on top of the clearance it's conditional and absolute discharges...And i'VE read also that absolute and conditional discharges (offences inside canada) are not inadmissible.
It says also at the RCMP site that absolute and conditional charges should be automatically purged after a year(absolute) and 3 yrs for conditional.....hmmm I hope I've read and understand it well.
 

redwine

Star Member
Jun 20, 2012
169
2
here's the sites.

http://blog.pardons.ca/?p=120

http://www.rcmp-grc.gc.ca/cr-cj/pp-er-eng.htm#a4

http://www.cic.gc.ca/english/information/applications/guides/5312ETOC.asp#5312E2


I think to ask for a pardon is not needed.Requ3est to purge only since it's considered non-conviction.
 

redwine

Star Member
Jun 20, 2012
169
2
Hi Galip!

My husband went to the immigration lawyer with that RCMP clearance.And he said to send it right away here in Manila coz it should be ok he said...hubby is writing also a letter with the clearance...Crossing our fingers and toes....I will update u regarding our case then..take care and God bless us all!
 

Galip

Hero Member
May 25, 2012
231
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Category........
Job Offer........
Pre-Assessed..
redwine said:
Hi Galip!

My husband went to the immigration lawyer with that RCMP clearance.And he said to send it right away here in Manila coz it should be ok he said...hubby is writing also a letter with the clearance...Crossing our fingers and toes....I will update u regarding our case then..take care and God bless us all!
Hello Redwine,

It's very good that he got an advice from an immigration lawyer.

Good luck, and all the best..!!