I hope someone can help me with this situation., any advice would be greatly appreciated. I overstayed my visa in canada and the last year before leaving I was charged with theft under I went to court a couple of times and I was under the impression that the matter was concluded and the charge withdrawn . Now fast forward three years later im in my home country and decided to request a court document about the charge since im preparing my spousal sponsorship, my husband is sponsoring me. I come to learn that the matter is still an open case Not concluded, no arrest warrant I checked with the police. NOw im wondering am I inadmissible? can I ask for a trp to go to court and deal with the the charge before applying for spousal sponsorship? any advice would help if any of you on this forum has seen such a case pls share. thank you in advance and if you need anymore information Id be glad to clarify it for you.
Pending charges in Canada and immigration
- Thread starter alexix
- Start date
So the case has never been resolved? Don't file that spousal sponsorship. You are not admissible at this time based on the information you've provided here. You are likely not going to get a TRP to come and deal with the issue now. I suggest you or your spouse contact a lawyer in Canada and see if you can get the issue resolved. You need to have this case closed and complete any 'punishment' they deem necessary because of it. You will need to wait 5 years from the day you complete the punishment before you can apply for rehabilitation and then you'll be eligible to be sponsored.
First thing is to certainly get this case completed and closed.
First thing is to certainly get this case completed and closed.
thank you for the reply, we contacted an immigration lawyer who suggested the trp along with the spousal sponsorship I also read on Canlii a case where a person was deported and was given a visa to attend court for an appeal. thank you again for your answer. and no the case is still open not resolved yet.
We ve also been told we can request an exemption on h&c grounds as we do have special circumstances.
I would be concerned with the fact that this charge is well over 3 years old at this point based on the information you provided. Is this a lawyer, or a consultant? Suggesting that you file this spousal sponsorship before this case is resolved is a very bad idea. Your application will be put on hold until the case is resolved and then it will likely either be denied or again put on hold until you qualify for rehabilitation. You really really need to rethink what this person is telling you.
I would find and consult with an actual lawyer in this case, firstly to resolve the 'criminal' portion of your current status. If this person is also versed in immigration law, then that is a bonus, but please, be aware there are many intricacies around immigration that many 'lawyers/consultants' don't know.
I would, of course, defer to some others on this forum who are very well acquainted with the issues involved here. See what other kinds of responses you get before you jump in. Maybe @scylla , @dpenabill or a few of the others more familiar with criminality issues can help you to answer your questions.
I wish you the very best of luck!
Its an immigration lawyer that we consulted with not a consultant. I will wait for other replies thank you very much.
A TRP is issued if you committed an offense at the border to attend court or if you are a witness/informant ..etc. In any criminal case however if the judge deems your appearance necessary you'll be given a TRP, but I would be wiser to avoid going in your case and try to resolve it from abroad. That way the judge will be inclined to impose just a fine which is a more favorable outcome both to your case and in order to qualify for rehabilitation sooner.
Thank you for your reply, so if the case cant be dealt with from abroad its worth asking for a trp from I understand. thanks again for your advice Im working on getting a lawyer to see what can be done at this point.
thanks for checking in on my case but no no updates yet still waiting for the rcmp check which takes forever