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Minister Approval - Criminal Rehabilitation

bender20

Newbie
Mar 4, 2012
5
0
First, thank-you to all those who help provide answers on this forum. I have been reading others' questions and responses for so long, but finally have to turn to you for help with a question of my own.

My husband and I are currently awaiting PR approval, as well as Criminal Rehabilitation approval (which must be received first, before decisions are made for PR). Everything is passing through the Guatemala office. We first applied for PR in April 2010, I was approved as a sponsor in May 2010, we received a request from CIC to send my husband's passport to them in September 2011 (which we sent), and then received a request from CIC to submit an application for Criminal Rehabilitation (which we did in May 2011). In January 2012 we received a request from CIC that we must submit the extra $800 for further criminal rehabilitation application processing for our application to be submitted to the Minister. Our lawyer has advised us that this is good news, as he has never had a file get forwarded to the Minister with the likelihood of the Minister providing the approval. I have read through the CIC "ENF 14" document (found online) that outlines the following:

"Case Review, Case Management Branch (BCM), will review the application for accuracy and completeness and complete its own rehabilitation assessment. If BCM is making a positive recommendation, the rehabilitation submission and the recommendation are forwarded to the
Minister of C&I for a decision on whether to grant rehabilitation to the applicant. If the recommendation is negative, BCM will forward the rehabilitation assessment and any other documents not previously disclosed to the responsible office for disclosure to the applicant."


Am I correct in assuming that the fact that our application is being forwarded to the Minister is evidence to support that the Case Management Branch is making a positive recommendation for rehabilitation (or do all serious rehabilitation cases - whether recommended for approval or not by CIC officers - reach the Minister level)? We are tying to evaluate the odds of us receiving the criminal rehabilitation approval.

In addition, in January 2012 when CIC requested the $800 cheque from us they also requested a return air waybill (CIC has had our passport for 1.5 years, so they didn't need to request this from us) and new medical tests (our original set of medicals completed in February 2010 have expired). I have heard that when CIC is close to issuing PR they will request passport and new medicals if these have expired (in order to issue the PR visa with the expiry date as 1 year from the last medical exam date).

In everyone's personal opinion, are the facts that our rehabilitation application is being forwarded to the Minister, CIC has asked for new medicals, and CIC has asked for an air waybill to send us back my husband's passport a good sign? Has anyone had (or heard of) an experience where the rehabilitation application was recommended by the CIC officer but then refused by the Minister (I know it is possible, as the Minister does not need to agree with the officer's recommendation, but does this happen often?), and/or an experience where new medicals are requested and the passport is planning to be sent back, but the PR is not issued (except obviously in the case where there is a problem with the medical exam results, as this could be grounds for refusal)? If so, I don't know why CIC would request new medicals nearing the end of this 2-year process if they were not planning on issuing the PR.

Thank-you to anyone and everyone who replies!
 

rjessome

VIP Member
Feb 24, 2009
4,354
214
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Generally, what's happening on your case looks positive. But it's never over until it's over. If the PR visa is issued and the VO finds out that your spouse lied or misrepresented themselves about something, OR a new criminal charge appeared, the visa can be voided. So best advice is to do what they ask and keep your head down. But it does look good.
 

bender20

Newbie
Mar 4, 2012
5
0
rjessome - thanks so much for your reply! You are 100% right - you never know until you know. :)

In our case, we have hidden nothing and my husband has nothing else on his record except for his 1 conviction years ago. Our rehabilitation application was over 100 pages providing as much evidence as we could to put everything on the table and were fortunate enough to have both judge and victim statements attesting to my husband's minimal role in the incident on his record. I think we made a great case, but I've been reading forum after forum and can't find anyone else who submitted the $800 for the application to be sent on to the next level for Ministry approval. I'm hoping this is a good sign, but one never knows!

Anyone know approximately how long it takes to receive the Minister's approval? I know the CIC website (and others' posts on the forum) note that it can take a year or two to receive criminal rehabilitation approval, however I'm also assuming that the bulk of the assesment has already been completed since the CIC officers have already completed their review (I'm assuming) and are now providing a "positive recommendation" for the application to be forwarded onto the Minister. The embassy in Guatemala has had our passport for 1.5 years now, so we hope to get it back soon!
 

Patience09

Hero Member
Nov 8, 2012
310
6
Category........
Visa Office......
Ottawa
Job Offer........
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App. Filed.......
Dec 06 2013
AOR Received.
Jan 06 2014
File Transfer...
Jan 13 2014
Med's Done....
Nov 18 2013
Hey Bender,

did you get through with your rehabilitation application? I'm curious as my boyfriend has an application pending since June 2011. He went through the Buffalo office and after that closed, it was transferred to Washington office.