Please Help!

[Trying to be with my Wife]

I wanted some advice please feel free with any past experiences or knowledge of this topic:

My Wife (Permanent Resident Canada) and i (UK Full citizen) got married last year in the UK England, we filed for a spouse visa for me to move out to Canada. The process started in March 2010, My visa got rejected Aug 2010; on the grounds of my criminal admissibility as i have the following on my record:

1) Perverting the cause of Justice (17 years old)
2) Theft of a bicycle (22 years old)
2) Drink Driving (25 years old)

My misfortunes of all the past activities were very unfortunate and i deem myself rehabilitated since. Having declared everything on the visa forms i didn’t want to hide my past.

I have gone onto getting my Degree, finding a Career in Recruitment & getting married to my Wife. We filed for the visa which just got rejected, and am in a limbo as my wife and i do not want to settle in the UK as we have worked 4 years to get to Canada. She is residing there at the moment as she is sponsoring me, we have been apart for the last 3 & half years.

Do I appeal? If so shall I go down the Humanities Rights section, what are my chances of getting a spouse visa?

It’s been a tough year, but both of us just want a new start in a new country!

Please help with any advice, thank you

A very stressed UK resident

 

[tgchi13]

What grounds would you have to appeal?

You can not deem yourself rehabilitated; you can apply for rehabilitation should the appropriate amount of time have passed. (How old you were when committing the crimes becomes irrelevant when you don't state your age now.)

I would suggest that the two of you settle in the UK and reapply when you are eligible.

 

[britincanada]

I feel for you, read this link on Rehabilitation for Persons that are Inadmissible to Canada due to past Criminal Activity...From the crimes you have listed I would think you will be granted Rehabilitation! http://www.cic.gc.ca/english//information/applications/guides/5312E2.asp#tphp%20idtphp

 

[Trying to be with my Wife]

Thanks,

The grounds of Human Rights Act published i am 26 years old.

The past two convictions Theft of Cycle & Perveting the cause of justice were 5 years ago, the Drink Driving was conducted in 2008 2 years ago. I have since got my lisensce back.

When will i be elgiable? And if my Wife comes back here how will she be able to sponser me for a Candian Spouse Application?

Thanks

 

[tgchi13]

Five years must pass from the completion of any conditions associated with the most recent offense, then you may apply for rehabilitation - keep EVERY little thing above board and legal meanwhile!

Your wife needs to maintain her PR to sponsor you but that does not preclude her residing elsewhere.

You can make this work if you want it bad enough and don't make it more complicated than it needs to be or try and cut corners.

 

[Trying to be with my Wife]

Is there no other way round it, we want this so badly so are you saying to me dont appeal? And not to go down the human rights condition?

Youre quite right, 3 more years everything would have passed but by then i would be planning on bringing in a sibling to the family!!

 

[tgchi13]

I don't see how you can successfully appeal an inadmissibility clause. You have rightfully been refused. Perhaps someone else will advise otherwise, but I really don't see how you can appeal legal inadmissibility when you are legally inadmissible; there is no human rights grounds for appealing that.

 

[buddhadimple]

Not to sound harsh but when you knew you were applying for Immigration and you already had to declare your criminal past, I have no idea why you would decide to drink while drunk and thus not only break the law, but put others' lives in danger (well, I don't understand it regardless of immigration, but the point is you knew you should be on your best behaviour). Sorry again, but drunk driving is something I'm just not tolerant of at all, especially when you're not a rowdy, irresponsible teenager any more. That aside, I couldn't see an IO seeing you as rehabilitated if you drove drunk just one year ago. I also don't think you'd win an appeal because you knew the results that your actions would cause and you wilfully decided to do it anyway and, presumably, hoped not to get caught. Again, it sounds harsh, but it's your fault, not theirs.

 

[Trying to be with my Wife]

They wont even let me go there on a visitor visa, as it states on my rejection letter 'please do not try to enter Canada' prior to recieveing the rejection letter i have been there three times this year to visit my wife.

So in a nutshell, Call my wife back here, wait for 2 years and apply again, but on what grounds can i apply when my wife will be here? As she isnt a full citzen of Canada but holds the PR for 4 yearswill this not prevent her from being EXEMPT from being a citzen of Canada?

Het whole fmaily are out there, and everything else passed on the application...

Thanks

 

[Trying to be with my Wife]

Buddhadimple,

I have made mistakes, everybody does nobody like me has ever had a 3rd chance and i am grateful i have given up drinking since then and im not looking to drink in the near futcure. I want to simply be with my wife outside of the UK and start living my life.

Thanks

 

[Trying to be with my Wife]

The drink driving took place on 2007 not one year ago, 3 years ago.

 

[buddhadimple]

I thought you said you were 26 and it happened when you were 25, then you said 2008 (two years ago), now 3 years ago?

 

[tgchi13]

1) you can be with your wife in the UK and even if you don't ever get access to Canada, being together should be more important than where you are together.

2) you are not eligible in two years, you are eligible in five years from when your license was returned, assuming there were no additional condition, to apply for rehabilitation. That is a process unto itself and can take a lot of time.

3) third chances...no, not often and Drinking and Driving is clearly stated as being inadmissible to Canada. It is a serious offense, even if you regain your license.

 

[Trying to be with my Wife]

The offence was commited in 2007 i was charged in 2007! So 2012 i can re apply? But my main concern is if my Wife comes back here would she still count as a PR in Canada? If not what ground's would we be able to move to canada?

 

[tgchi13]

What I suggest is this: Consult with a good immigration lawyer. A consultation will cost you a fraction of the cost you would have spent on an appeal that you would not have won.

Good luck to both of you.