HELP: according to new NOC, my case is littlebit different please help

[mysteryocean]

Dear fellows,
New NOC list has left our hope shattered who were preparing to apply in july. as per my plan i was gonna apply as my wife primary applicant under 0213. she has master degree n 3 yr work exp so she was well qualified. now thats not possible. so other option for us to apply as me being primary applicant.

i have finished BBA from Saint Mary's University, Halifax,NS. lived in canada for 6 yrs. and worked for an insurance company for 6 months. i have a licence(LLQP) to sell insurance in canada.

its been 19 month since i returned back to india.

heres my problems to be a primary applicant:

* lived in canada for 6 month after my work permit expired. i got a letter from my company to extend it but i was planning to return back so didnt bother to apply to renew it. and stay 6 more month ( i wasnt deported though, i left canada with no question asked)

* i have some unpaid traffic tickets ( mainly parking tickets, one for driving without licence - i had learned though, and one for expired insurance)

does these 2 factors count for police clearance or security check? i had no other criminal charge whatsoever. they have put new NOC list and i am thinking to apply as an insurance advisor. but i am hesitant that these 2 problems might prevent me from getting immigration.

can anybody suggest should i go ahead or not. its kinda urgent because they have put a cap so i have to apply as quick as possible.

 

[Wolfman567]

Hello mysteryocean ,

If I was in your place.. I would wait. Please wait and see how the process would goes. Do not hurry as new NOC list is already in action now.

Regards

Wolfy

 

[mysteryocean]

i mean should i go as a primary applicant with all those risk, or should i arrange some experience letter for my wife and make her primary applicant?

 

[mediajunkie]

You did not say what your wife's masters degree was in or what her work experience was. The new 1122 category seems to be a broad category, read it carefully to see if your wife still qualifies.

Traffic tickets and driving offenses (other than DUIs, hit and runs, and vehicular homicides) are not criminal offences, and hence would not come up in your criminal background check unless you owe several thousands in unpaid parking tickets and the judge has issued a warrant. But still it shouldn't come up as a criminal offense but rather money owed.

I'm not sure how expired work permits work as very few people let that happen, but you are permitted to stay in Canada for 180 days as a tourist with an option to extend for another 180 days. I overstayed my tourist visa by 4 months and had no problems getting my PR - although I did make a short trip to the US to get my passport stamped showing a new entry date. (Entry into the US or any Caribbean nations does not qualify you for a new 6-month stay unless you have been there for more than 30 days)

 

[mysteryocean]

yes i do ower around $2000 ( $1200 for expired insurance, $120 for parking tickers and $480 for driving with learner's licence)

in my last month, i was once pulled over by a cop car on highway, they asked my licence and insurance paper, i gave them my indian licence and told them, i dont have canadian licence, they went to their car, entered my name and all data and then let me go without charding anything ( i didnt have licence), means no criminal data would have come up on system because that time it wad already six month after my work permit expiry date. so i hope that i am not into some criminal charges.

 

[mysteryocean]

or should i call my friend to get my police clearance certificate from local police station?

 

[mediajunkie]

I guess if a police check would help assuage your fears you should go ahead and get it. I do not think $2000 is enough for a judge to issue an arrest warrant, but it really depends on the city. There is a small chance that the judge might issue a notice to appear in court and since you couldn't attend as you were overseas, the judge might find you in contempt of court. You will however run into problems if and when you do land and try to renew your drivers' license - they won't let you get a new one without paying off these fines.

It doesn't really matter if you or your wife is the primary applicant because everyone applying in the family over 18 would be required to get background checks.