2 pending criminal charges,praa denied and inland sponsor application

[Creampop]

point here is a speeding ticket dose not make you inadmissible to Canada.

http://www.cicnews.com/2011/08/criminal-inadmissibility-criminality-specialists-08106.html

a speeding violation will not make you inadmissible to Canada. In order to be considered a criminal conviction in Canada, an offence must violate federal legislation such as the Criminal Code of Canada. Traffic violations generally fall under the jurisdiction of the Provincial governments in Canada and therefore are not considered criminal convictions.

 

[Forester2000]

You're right it doesn't.....if that were the only charge.

 

[Creampop]

Anyways I am done bickering back and forth with closed minded people who believe themselves to be saints...now back to the original post...

I thank you guys again for all those commets,But i want to clearify some issue about me applying for a arc or nots.
I was a refugee claimant, but the refugee was denied,appeal was denied,and my final lifeline Praa was also denied july 19th 2012,
Since then he has told me, since my praa is denied i have to leave. But he couldn't remove me since july because one of the court did not grant his request.and basically he requested that if they could stay those charges, he can remove me as i'm a subject of a removal order.and ones a refugee is denied in canada, authomatically, he/she becomes a subject of a removal order.
But now after 5 months also his request was granted.they agreed to "stay"both charges.
And he bought a ticket for me cos i told him i can't afford it.that is my whole situation.
Now are you guys saying if i leave on that very date he asked me to leave, i will not need an arc to return to canada.?and would a stayed charges be eligible for arc as i wasent convicted.and never had a conviction in my entire 5 years stay in canada.
With my sponsorship thing,my wife want me to filled everything up, and submit it to mississauge before for outland before i leave and again i don't have problem proving our relationship is genuie so trying to scritinize our relation wouldn't mean anything like i said we have overwheming evidence. The differences is the sponsorship i have in now is common law based.the new one we are doing now is spouse based.
Two key question.
Will i need arc or not and wht is the differences between someone who needs arc and me
And if i do need arc,will stayed charges affect it's ability of it getting approved. Or not because all that matters now is i have zero conviction and i would have fought those two charges succesfully.i already paid all the legal fees but my officer decision of me to leave even before those trial was a shocker.
Any helpful advice would be appreciated.

Depends on what kind of order you are given, some require an ARC other's do not...
http://www.cic.gc.ca/english/information/inadmissibility/arc.asp

There are three types of removal orders.
Look at the document you received from Citizenship and Immigration Canada or the Canada Border Services Agency before you left Canada. The form number will tell you the type of removal order.
1. Departure Order (form number IMM 5238)
a) If you received a Departure Order and
left Canada within the required 30 days and
verified your departure with a Canadian immigration officer at the port of exit
you do not need an ARC. You may return to Canada subject to normal examination at the port of entry.
b) If you left the country without verifying your departure, or more than 30 days after the Departure Order was issued, the Departure Order automatically becomes a Deportation Order and you need to apply for an ARC

2. Exclusion Order (form number IMM 1214B)
a) If you were issued an Exclusion Order and
12 months have passed since you left Canada and
you have a Certificate of Departure (IMM 0056B) showing the date you left Canada
you do not need an ARC. You may return to Canada subject to normal examination at the port of entry.
b) If you wish to return to Canada less than 12 months after the Exclusion Order was issued, or do not have a Certificate of Departure, you need to apply for an ARC.

3. Deportation Order (form number IMM 5238B)
If you have been the subject of a Deportation Order you will need to apply for an ARC.

Note: A Direction to Leave Canada (form number IMM1217B) is not a removal order. If you have been the subject of a Direction to Leave Canada, you do not need to apply for an ARC. You may return to Canada subject to normal examination at the port of entry.

Nope,! She did not, she was trying to scare me and everything took a whole a new turn, telling police i intensionally hit why i was driving which i did not.when police came they just told me im under arrest,without listening to any side of my story.this was pretty much an arument in a car that got her upset.she never meant it she was thing this was a joke.she cry everyday anytime we talk and apologise.because throughout our 4 years relationshp i never hit her.she is so reeckless that she call police on my about two years ago because i wouldnt give her my laptop.she was taken to her friend and i wasnt charged or anything because police found no wrong on my side.wgen i was arrested, she was suprised just because she said i hit her. But i wonder what any one will do when you are driving on hwy 401 and someone suddenly obstruct your view un xpectedly.why driving @ a speed between 100/120/hr.fear got into me and i had to get her away from my view.
Any.
And again about cic scrutinizing my relationship.we have a great history of living together here but either she come back home to marry me or we marry here before i leave. All im doing is just trying to save that cost of her coming which cost another 3000$.i just want to submit and outland application and then leave

OK so you are saying that you were driving down 401 going 100/120 (normal 401 speeds) and was arguing with your girlfriend and she put her hand in your face while you was driving and you hit her hand out of your face.... she called the cops and they arrested you... and this is probably why the immigration officer is able to get the charges dropped there really isn't anything there stupid little spat still you want the charges to go away and if they are handing you a free pass you should take it, what is your home country? again depending on the order issued and how long it would take for a spousal application to go thru and if you will need an ARC from that time. you can file an outland application at anytime.

Edited to add: you will also have to repay the Canadian Government for the plane ticket they purchased for you....

 

[Peaches14]

One last point, and you should speak to your lawyer about this one before going any further "an act without arrest or conviction makes you inadmissible for criminality". If you avoid this on an application outside of Canada this could also end up as a misrepresentation.

 

[Creampop]

One last point, and you should speak to your lawyer about this one before going any further "an act without arrest or conviction makes you inadmissible for criminality". If you avoid this on an application outside of Canada this could also end up as a misrepresentation.

He would have to include the fact that he was arrested, even tho you don't provide a RMCP report, believe me they run their own.

 

[Kollyjoe]

Well read
And thanks for all positive and negative comments on this thread.
For those who were very considerate,feels and thinks like humans living in a read world, i wanna express my gratitude nd say thank you.
And for others who were asked for an opinion and instead authomatically suggest,that any one regardless, who are charged with any offence without being convicted are also crminals.i wish you well and thank you also.
I`m sorry i do not have the time to respond to everyone on this post, however i will keep updating you guys on this post.
So, the thing is i will be fighting my deportation order,on the basis of
Canadian charter 11d presume everyone to be innocent untill proven guity,therefore i have the right to fight this two charges, which i know the will both be vindicated by the end of this month.because if i don't fight it, it may be hard for me teturning back to canada as those charges are not completely dropped but stayed.they might still be brought back to live within a year.

my spousal application was locked in sept 2011 and i receive my application for praa feb2012 therefore im entittled to administrative defferal, because i submitted my application before i was deemed removal ready"

My girlfriend make an affidavit that we are still in love and that we are only waiting for the charges to be dealt with nov 29 2012 and she is in total support of me.

And i also got into an auto accident oct 2 with injuries to my head, neck and lower back,and the insurance company wants me to go see thier doctor on nov 14 to determined the level of my injury there im entitled to my settlement before i leave as i haven't been to my country in 5 year so i'm left with no support, And if i leave,my claim will be extinquished
.and i have accident report, insurance docs, ambulance report to back this all up. All these are not made up, they are truth and fact.and by God grace, with the power of all mighty Jesus.my petition will be accepted.
And that will be the basis of our case in federal court come next week.what do you guys think.

 

[lunas]

Good luck and remember that everything has a solution except death
I am also very grateful for people who get out of their way to help others.
I don't have any legal advice to you but hold onto that hope.
Peace!

 

[McDutch]

5 dollar you are here just for that settlement and you'll leave your GF the moment you get your PR.

 

[tintin79]

Good luck getting her to dismiss the charges. My ex-boyfriend and I got into a fight outside, neighbours called the cops.

I told the officers that I didn't want to charge him, we just had a disagreement and the police didn't care.

He was charged anyways. He had to do anger management classes however he now has a charge under his name.

 

[tuyen]

For those who were very considerate,feels and thinks like humans living in a read world, i wanna express my gratitude nd say thank you.
...
and by God grace, with the power of all mighty Jesus.my petition will be accepted.

Wow...such politeness. Such humility.
My question is a very simple one: where was all your politeness and humility on the day when you assaulted a police officer?

Do you have any idea how serious of a charge that is? Giving a police officer a reason to arrest you is already very serious. But that wasn't enough for you. You had to take it to the next level - you had to RESIST his attempt to arrest you. That takes an already serious offense and really raises the stakes. But even THAT wasn't enough for you. You decided it would be somehow a good idea to ASSAULT him. And all of that rage and antipathy for what? Because you felt "profiled".
I have news for you: just because you're black, doesn't mean that you're exempt from the laws that the rest of us have to live by. I don't know what it's like in your home country, but in Canada, when a police officer pulls you over, it's because he had a good and valid reason to do so. And if you would've just kept your mouth shut and showed even a SMALL indication that you have respect for the law and for police officers, chances are that you would've been given a ticket and would've been sent on your way. There would've been no need for you to be arrested, and you sure as hell wouldn't be facing a charge of assaulting a police officer. All you had to do was be respectful, answer the officer's questions, give him whatever ID he asked for, and a few minutes later you would've been on your way. But no...you couldn't do that. You had to show what a big badass you are. And now, you're going to have to deal with the consequences of your actions.

And for others who were asked for an opinion and instead authomatically suggest,that any one regardless, who are charged with any offence without being convicted are also crminals.

Most police cruisers have dash-mounted video cameras, so I'm sure all your antics and lunacy were recorded, and will offer more than enough evidence to ensure that you'll be convicted. Just because the justice system hasn't caught up with you YET, doesn't mean you're not a criminal.

And that will be the basis of our case in federal court come next week.what do you guys think.

You should start packing your bags, because with your record, you have pretty much zero chance of avoiding deportation. The only thing still in doubt is whether you'll be doing any jail time before you're deported.

 

[Kollyjoe]

Halleluja
My deportation has been stay by the CBSA
Pending the result of my sponsorship
I'm greatful to God and thanks you guys for all the support.
I sent in formal request to defer my deportation on nov 13 last week wednessday and receive a call from my officer on saturday saying the plane ticket has been cancelled till i hear the result of my sponsorship.
Thank you Father Jesus, and to all you evils,negative minded folks who were ask for a solution to a problem and instead passed thier own personal judgement, it shall be well with your soul,
Advice to my lovely folks who shew me some love and compassion.
Never follow an opinion based on total rejection,most things people say on this site esp folks like tuyen are all false,very biased judgement and highly prejudice.thanks to all.
My next challenge is to get rid of those charges and wait patiently for my pr.
Hallelujah

 

[kitchener_inland]

Halleluja
My deportation has been stay by the CBSA
Pending the result of my sponsorship
I'm greatful to God and thanks you guys for all the support.
I sent in formal request to defer my deportation on nov 13 last week wednessday and receive a call from my officer on saturday saying the plane ticket has been cancelled till i hear the result of my sponsorship.
Thank you Father Jesus, and to all you evils,negative minded folks who were ask for a solution to a problem and instead passed thier own personal judgement, it shall be well with your soul,
Advice to my lovely folks who shew me some love and compassion.
Never follow an opinion based on total rejection,most things people say on this site esp folks like tuyen are all false,very biased judgement and highly prejudice.thanks to all.
My next challenge is to get rid of those charges and wait patiently for my pr.
Hallelujah

the most important thing you should learn here is that sometimes people get chances in life when they think its all over and it seems you just got a very good chance of making your life better and easier, its all up to you now. I think most people can make a huge difference in their life if they really want to.

good luck, and make changes for the better in your life!

 

[tuyen]

Halleluja
My deportation has been stay by the CBSA
Pending the result of my sponsorship

Just what Canada needs - another criminal running around on the streets for the next few months before they deport his sorry ass.

most things people say on this site esp folks like tuyen are all false,very biased judgement and highly prejudice.

So let me get this straight..
You have zero regard for Canadian laws.
You have zero respect for police officers.
You assault your girlfriend.
You assault a police officer.
You're in the process of being deported.
But I'M the bad guy, right? :

P.S. You're celebrating waaayyy too prematurely, because your sponsorship application has no chance in hell of being approved. Better get started on packin' those bags.

 

[Kollyjoe]

OMG!
MY ECAS SAYS DECISION HAS BEEN MADE! LOCAL OFFICE WILL CONTACT YOU.
I can't believe this, kind of a surreal exp.
What would that mean?
Within 48 hours,my suddenly changed from packing my luggage to dancing and thanking God
Thank you Father Jesus, this is You, ain't me atall.
Halleluja!

 

[McDutch]

OMG!
MY ECAS SAYS DECISION HAS BEEN MADE! LOCAL OFFICE WILL CONTACT YOU.
I can't believe this, kind of a surreal exp.
What would that mean?
Within 48 hours,my suddenly changed from packing my luggage to dancing and thanking God
Thank you Father Jesus, this is You, ain't me atall.
Halleluja!

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