Thank you, I appreciate the sentiment.
Regarding the points made, I just wish the legal limit was 0.0 blood alcohol, then there would be no confusion. Making the limit 0.5 puts the onus on individuals to make an accurate assessment of the rate they metabolise alcohol, which is obviously open to significant error, as I am testament to. I have always been an advocate for anti drink driving campaigns, and had used the local 'Keyz Pleaze' scheme (which is fantastic, it gets you and your vehicle home) after nights out. I just truly believed I wasn't anywhere near being over the limit (I blew 0.9). But, unfortunately all of this hindsight is irrelevant now, and I have to deal with the consequences of the situation as it stands.
The crux of my H&C application rests on the damage it is causing my family in Canada, they are innocent victims in this, and it doesn't appear fair that they are suffering so significantly because of it. As my application is so dated, I have continually updated my situation, through submission of additional statements. A PRRA application was made after I was issued the deportation order (Jan 2013), this was refused (March 2014) which instigated the execution of my deportation; however the PRRA report written by a senior immigration official sympathises with my case, he regrets he can not issue a PRRA as I do not meet the criteria but says that I am suitable for and recommends an H&C submission, which was put in shortly after (April 2014). My TRP/ARC application in May provided further details. Also, when I have made case specific enquiries over the summer I have updated mine and my families personal situations and hardships faced, for instance, my partner works away for long periods of time leaving the kids without either parent physically there for them, my partners best friend suddenly passing away and me not being there for him, our beloved Saint Bernard dog had to have her puppies aborted because neither of us were there. These can be seen as just life events, but are also hugely important things to us, that are emotionally destroying us, each thing is so much more difficult to deal with because we're apart; forms and applications don't express the genuine suffering felt; so hopefully, by providing these detailed personal statements, they'll be read by someone with a heart in the context of H&C grounds.
My lawyer told me that she has recently dealt with a similar successful case where H&C overcame minor past criminality that hadn't been officially pardoned yet, but I do not know the details of the case unfortunately.
I also am a youth mentor and have many letters of support from the kids and their parents expressing the benefits I bring to the community, also there are many other community projects that I'd committed to that are now suffering because of my absence. I have provided CIC copies of the proposals I've created for these societies and community groups, and details of my fundraising for Relay for Life. I have provided them so much documentation about all aspects of my life, I just hope that its considered.
I have provided CIC with evidence to show that I have abided by my sentence and have a personal testimonial written by the administrator of the responsible drivers course, this states that in his professional opinion I am very remorseful and am unlikely to reoffend and that I was a model student on the course. I have offered to relinquish my drivers license to remove any possibility of reoffending too.
RE a TRP, I submitted one along with an ARC as soon as I returned in May. This application pack also included my British passport. Over the summer I made enquiries as to why the application fees hadn't been drawn and the expected length of time they were likely to need my passport for. I received no response to these enquiries. On September 5, I submitted another case specific enquiry asking about TRP fees, passport and also my PR application which had passed the 11 month advertised process time. I didn't receive a reply within the 28 days so followed it up with a phone enquiry planning to leave a message on their system. The answering machine was full, so I was bounced back to the phone operator who took the details of my enquiry and told me he'd submit it on my behalf. An hour later I got an email reply saying that they had no record of my TRP or ARC applications and that my PR meds and RPRF had been received. The following day my passport arrived in the post along with the fees for the TRP and ARC, it came in the envelope I'd originally provided. An hour after it had arrived I got an email saying my TRP had been passed onto the relevant department. The following day, my PR application turned from 'application received' to 'In process' on my ECAS. Call me a cynic, but I think these events were linked, and that PR went into process perhaps as a result of them 'misplacing' my applications AND passport for 5 months! I think things only started moving because the twist of fate with the full answering machine. I took this, perhaps prematurely, as a positive sign.
This is the timeline for my PR application, if you could share your thoughts on what you think it indicates then that would be great!
Application received: 22 Aug 2013
Sponsor approval:11 Sept 2013
RPRF and 2nd Medical (1st one had expired) requested: 10 July 2014
RPRF receipt and Medical results received: 26 July 2014
Case in Process: 10 October 2014
Additional documents (updated schedule A, updated UK police certificate, RCMP finger prints) requested: 15 Oct 2014
Additional documents delivered: 24 October 2014
(my finger prints were done by the local police here in Wales, but I did provide an RCMP criminal record check as well, and information to show that the RCMP do hold my finger prints on file but they couldn't release them because they were associated with my DUI conviction)
I hope I'm not being prematurely optimistic, but if they were going to just say no because of my inadmissibility then why would they have requested all of this extra information, plus new medical RPRF etc? Also, are finger prints required as standard by all PR spousal applications, or is it purely to do with my criminality?
My current concern is that I know I'll need an ARC to return because of the deportation, however my ARC fee was returned, possibly because it was in the wrong format? It was in GBP rather than Canadian dollars, and having read the small print on the London Embassy site it appears that ARCs can only be paid for with a bankers draft in Canadian dollars. Also, it appears that they're working on my PR rather than my TRP? An ARC is not a separate application, it is included and assessed with whatever other application that you've submitted, so does that mean its being assessed with my PR now? I have made an enquiry about this with them, although realistically I don't expect a reply. I'm guessing they'll request it if they want it? I'd like to start making preparations to get the fee mailed over by my partner, just to save some time, do you think this is premature?
I am also preparing letters to send to Gordon Campbell, Christy Clark and Roger Williams (local UK MP) asking for assistance, do you think this is a sensible course of action? I want to do everything I possibly can to strengthen my case.
I have very recently let my Canadian lawyer go, as she has made one too many mistakes that have delayed and possibly harmed my case, and am now tackling this by myself for the moment, so any advice or your thoughts would be really appreciated.
Thanks in advance.
I will get home eventually
