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Inland Spousal Sponsorship Canada - Process of charges being dropped

taydersxo

Newbie
Apr 25, 2016
2
0
Hello! I am currently in a situation without many answers, and I'm looking for some information before consulting with an immigration lawyer. Any information and advice is appreciated!

My husband has been in Canada from Ireland on a work visa and has extended a few times. We are currently expecting a baby girl, due in a couple of weeks. We are wanting to apply for the inland spousal visa as his work visa is expiring in February. Our issue is that he currently has 2 charges from a drunk incident in December of last year. He has mischief $5000 and under, and willfully resisting arrest with a peace officer. The crown council has decided to give him alternative measures to drop the charges. He has agreed and has a court date in October and has to complete his alternative measures so that the charges are dropped.

My question is, can we apply for the spousal visa while these court dates are going on and submit the information to the IRCC in the application, or should we wait until the charges are fully dropped?

My concern is that is visa is expiring in February, and he will lose the job that he has here while waiting for a new visa, and I'm worried he will have to leave Canada until the visa is approved and we will have a new born and I will lose financial support.

Thanks for reading!
 

scylla

VIP Member
Jun 8, 2010
95,812
22,091
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hello! I am currently in a situation without many answers, and I'm looking for some information before consulting with an immigration lawyer. Any information and advice is appreciated!

My husband has been in Canada from Ireland on a work visa and has extended a few times. We are currently expecting a baby girl, due in a couple of weeks. We are wanting to apply for the inland spousal visa as his work visa is expiring in February. Our issue is that he currently has 2 charges from a drunk incident in December of last year. He has mischief $5000 and under, and willfully resisting arrest with a peace officer. The crown council has decided to give him alternative measures to drop the charges. He has agreed and has a court date in October and has to complete his alternative measures so that the charges are dropped.

My question is, can we apply for the spousal visa while these court dates are going on and submit the information to the IRCC in the application, or should we wait until the charges are fully dropped?

My concern is that is visa is expiring in February, and he will lose the job that he has here while waiting for a new visa, and I'm worried he will have to leave Canada until the visa is approved and we will have a new born and I will lose financial support.

Thanks for reading!
This is a complicated situation and I would recommend you hire an immigration lawyer to help you.
 
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Reactions: YVR123

Kaibigan

Champion Member
Dec 27, 2020
1,043
407
Hello! I am currently in a situation without many answers, and I'm looking for some information before consulting with an immigration lawyer. Any information and advice is appreciated!

My husband has been in Canada from Ireland on a work visa and has extended a few times. We are currently expecting a baby girl, due in a couple of weeks. We are wanting to apply for the inland spousal visa as his work visa is expiring in February. Our issue is that he currently has 2 charges from a drunk incident in December of last year. He has mischief $5000 and under, and willfully resisting arrest with a peace officer. The crown council has decided to give him alternative measures to drop the charges. He has agreed and has a court date in October and has to complete his alternative measures so that the charges are dropped.

My question is, can we apply for the spousal visa while these court dates are going on and submit the information to the IRCC in the application, or should we wait until the charges are fully dropped?

My concern is that is visa is expiring in February, and he will lose the job that he has here while waiting for a new visa, and I'm worried he will have to leave Canada until the visa is approved and we will have a new born and I will lose financial support.

Thanks for reading!
Well I, for one, am a bit curious about the nature of the "alternative measures" might be? Paint the Crown's house perhaps?

The charges are fairly serious and what you describe sounds surprising, including the notion of "Complete the alternative measures, then I will enter a stay of proceedings." Did Crown counsel put that in writing? In what province is this occurring?
 

Copingwithlife

VIP Member
Jul 29, 2018
4,456
2,243
Earth
Hello! I am currently in a situation without many answers, and I'm looking for some information before consulting with an immigration lawyer. Any information and advice is appreciated!

My husband has been in Canada from Ireland on a work visa and has extended a few times. We are currently expecting a baby girl, due in a couple of weeks. We are wanting to apply for the inland spousal visa as his work visa is expiring in February. Our issue is that he currently has 2 charges from a drunk incident in December of last year. He has mischief $5000 and under, and willfully resisting arrest with a peace officer. The crown council has decided to give him alternative measures to drop the charges. He has agreed and has a court date in October and has to complete his alternative measures so that the charges are dropped.

My question is, can we apply for the spousal visa while these court dates are going on and submit the information to the IRCC in the application, or should we wait until the charges are fully dropped?

My concern is that is visa is expiring in February, and he will lose the job that he has here while waiting for a new visa, and I'm worried he will have to leave Canada until the visa is approved and we will have a new born and I will lose financial support.

Thanks for reading!
Why can’t people, especially when holding temporary status , just keep their noses clean ?
Like just stay out of trouble ? It’s seriously, not difficult. He’s playing with fire if he happens to ever get a DUI , or another “ drunk incident.” Remind him, of his status.