Unpaid fines

[mizzdanish]

Hey there, so I've searched everywhere including this forum and havnt found anything! Basically I applied Outland last October (2013), everything was going fine, my husband had his interview Aug 2014, they advised him to send in an updated record check, and to pay his fines from charges he had 12 years ago from his home country. Well he got the majority of his fine paid but a bit is still remaining, we were granted a month extension to pay the fine but were unable to (it's a huge amount). I than emailed POS and asked for another extension which they refused but than they said to send in verification of how much the fine was, how much was paid and what is remaining. Is there any chance that they will still approve the sponsorship? It's been 2 weeks since he's sent everything off and I'm going crazy not knowing!

 

[mizzdanish]

Really? No one has an idea about this?

 

[rhcohen2014]

pretty unlikely anyone here is going to be able to tell you his chance of being approved considering we do not work for cic and are not processing your application. unfortunately, at this time all you can do is wait and see what happens. if you have concern about them not giving you another extension, then you can try contacting the sponsor's member of parliament (mp) and ask them to inquire on your behalf.

 

[bartjones]

Hey there, so I've searched everywhere including this forum and havnt found anything! Basically I applied Outland last October (2013), everything was going fine, my husband had his interview Aug 2014, they advised him to send in an updated record check, and to pay his fines from charges he had 12 years ago from his home country. Well he got the majority of his fine paid but a bit is still remaining, we were granted a month extension to pay the fine but were unable to (it's a huge amount). I than emailed POS and asked for another extension which they refused but than they said to send in verification of how much the fine was, how much was paid and what is remaining. Is there any chance that they will still approve the sponsorship? It's been 2 weeks since he's sent everything off and I'm going crazy not knowing!

Who has the charges, the sponsor or the principal applicant? It would help if you could tell us what the charges were for.

If the principal applicant has 12 year old foreign criminal convictions for which he has not paid the fine he may have a serious problem.

 

[mizzdanish]

My spouse who I am sponsoring has the 12 year old record, assult with a weapons I believe is the charge. He has paid the majority of the fine. I guess I am just confused as to why they would still ask us to send everything in regarding how much was paid and how much is remaining if there wasn't a chance ...

 

[scylla]

You may have an inadmissibility issue. It may be a good idea to engage an immigration lawyer.

The way inadmissibility works is that someone is inadmissible to Canada for five years after they complete the sentence / penalty from the crime - not five years from the time the crime was committed. If your husband hasn't yet paid the fine he was given for the crime, CIC may say that he's inadmissible to Canada until 5 years pass from the time his fine is completely paid. At a minimum, my guess is that CIC will expect the fine to be 100% paid off to approve the application.

 

[mizzdanish]

Yes I read that but I also read where it said it's either 5 years after the sentence was imposed (in this case a fine) OR of the 10 years have passed since the crime was commited and as long as the crime would not exceed a 10 year jail sentence in canada.

 

[Ponga]

Yes I read that but I also read where it said it's either 5 years after the sentence was imposed (in this case a fine) OR of the 10 years have passed since the crime was commited and as long as the crime would not exceed a 10 year jail sentence in canada.

You have been given some good advise by those that have replied already. I'll just add that until he has paid the fines IN FULL, he can't start calculating anything, because he has not completed his sentence by paying the fines that were imposed.

 

[scylla]

If you look at this page:

http://www.cic.gc.ca/english/information/inadmissibility/conviction.asp#a1

You'll see the following: In all cases, you may only be deemed rehabilitated if the crime committed outside Canada has a maximum prison term of less than 10 years if committed in Canada.

I believe your husband's charge can carry a maximum prison term of up to 10 years in Canada (which is not less than 10 years).

Again, I think your main problem is that your husband hasn't actually complete part of the sentence that was imposed on him (i.e. paying the fine).

 

[mizzdanish]

Yeah this was my fear. I don't know if I can handle going through the process a second time

 

[Ponga]

My spouse who I am sponsoring has the 12 year old record, assult with a weapons I believe is the charge. He has paid the majority of the fine. I guess I am just confused as to why they would still ask us to send everything in regarding how much was paid and how much is remaining if there wasn't a chance ...

I would be cautiously optimistic. The fact that they are asking for this seems like a positive sign.

Do you know how much is left to be paid and is there any possibility that it can be paid in full ASAP?

Good luck!

 

[bartjones]

Agree with scylla. The offence your husband was convicted of can be the subject of a rehabilitation application, but the 5 year time period has not begun to run yet because he hasn't completed his sentence. I suspect CIC is asking for the updated record so that they can confirm this.

Miracles sometimes happen, but legally your husband is inadmissible to Canada and, I'm sorry to say, his PR application is probably going to be rejected for that reason.