Post grad work permit spouse ext and criminal charge denial renewal

[Catrambo]

Hi

I have post grad work permit till end of december and my wife has one till end of july next year. So one night we were drunk and had argument, she goes hysterical calls 911 and says i slapped her. Police come and arrest me, she says she doesnt want this and was hysterical made mistake as nothing physical happened etc etc. i get taken to police station questioned/ detained and let go saying i have to show up for court on july 26 (this happened on june 12, cant go home or contact wife as domestic assault). Now i had prefilled work permit ext online and i am sitting at work on Friday june 15 and decide to send the application for extension. I am looking at section saying have u been "convicted or charged" and hyperlink where it describes what is charged it says on mycic application and i quote " a person is charged with an offence when a charge is read to them in court and they are required to inform the court whether they are guilty". Since my court date is july 26 where the judge reads the charge and i enter my plea i assume to truthfully answer no. Court date finally comes ( i know the charge is BS and wife doesnt want it either but police have to provide crown as procedure (according to detective) i get called in front of judge, crown says they want to "full withdraw" judge says i am free to go as i please and that was it. Me and the wife are back together btw. I get letter with actual signature from Vegreville saying my application is refused because application was sent june 15 and it says i was charged june 12th and applicant must answer thruthfully. I was under impression i did answer thruthfully as per site definition, i dont even know going forward if i am suppose to reply i was charged since i went to court nothing happened, i didnt enter any plea and judge just said you can go have a good day. (immigration letter dated july 15). I think timing of application was a grey area since before court date, i dont even understand how i have a charge when this is before my court date. Couple questions as i am truly stuck in a pickle right now
- what do i do? Resubmit application and provide details and backup?
- since my app refused i have to leave december wife permit and project on work till july (immigration Canada force us married people to separate?)
-also letter says no proof we are married on numerous occasions i sent marriage certificate did i have to sent again on this application since currently we are both on post grad?
-i previously sent canadian exp pr application what happens to that or is that application considered and merited separately
-since my 3 year OWP ending in december and my application request was to extend till wifes ends, letter says she has to have NOC o,a,b
Why is that since she is on post grad OWP?
- also on letter says after review it has been determined your employment does not benefit or opportunities for canadians or perm residents (i do not understand the significance of this as i am already employed and only wanted to extend till end of my wifes so we are not separated.

Thank you for your assistance

 

[Catrambo]

Anyone?

 

[SenoritaBella]

Go to the application to "change conditions, extend my stay or remain in Canada as worker", look under background information section - question 3a) asks:
"Have you ever committed, been arrested for or been charged with or convicted of any criminal offence in any country?

You were arrested, so the answer should have been "Yes" and you provide details in 3b). This is the form: http://www.cic.gc.ca/english/pdf/kits/forms/IMM5710E.pdf

1. you can apply again(if you qualify), answer "Yes" to 3a) and provide details. You should also write a letter explaining your mistake and how the court case ended.
2. You have 90 days from the expiration of your work permit or the refusal letter to apply for restoration. If you can`t get a work permit, you can apply to change status to visitor. Note that you are not allowed to work with visitor status.
3. The checklist asks for "photocopy of your marriage certificate(if applicable)"
4. If the CEC application was sent well before you were arrested, I don`t think there will be a problem. There may be some delay(as they verify information), but the charges were dropped, so you don`t have a criminal record. It`s also possible you may be called for an interview too.
5. Because you are trying to extend your work permit based on her post grad OWP, her job must be skilled (fall under NOC O, A or B) for you to be eligible for a spousal OWP. If hers is not a skilled job, you are not eligible for a spousal OWP.
6. I don`t understand that comment about `benefit or opportunities for canadians or perm residents`, but I know someone who received that with a rejection of her skilled worker immigration application. :-X Yikes

If your current employer hired you under the post grad permit, they can apply for a LMO(labor market opinion) and do not have to show that they tried to get Canadians or perm. residents for the job. If the LMO is approved, you can apply for a closed work permit. The advantage with this is that, if your job is skilled, your wife will be eligible to apply for spousal OWP after her post-grad permit expires next year and you both can remain in Canada.

 

[Catrambo]

Intersting to note the words " been arrested" are omitted from the questionnonline but appear in the mail in application

 

[SenoritaBella]

That`s something you can mention in your explanation too.

Intersting to note the words " been arrested" are omitted from the questionnonline but appear in the mail in application

 

[luke11]

Hi

I have post grad work permit till end of december and my wife has one till end of july next year. So one night we were drunk and had argument, she goes hysterical calls 911 and says i slapped her. Police come and arrest me, she says she doesnt want this and was hysterical made mistake as nothing physical happened etc etc. i get taken to police station questioned/ detained and let go saying i have to show up for court on july 26 (this happened on june 12, cant go home or contact wife as domestic assault). Now i had prefilled work permit ext online and i am sitting at work on Friday june 15 and decide to send the application for extension. I am looking at section saying have u been "convicted or charged" and hyperlink where it describes what is charged it says on mycic application and i quote " a person is charged with an offence when a charge is read to them in court and they are required to inform the court whether they are guilty". Since my court date is july 26 where the judge reads the charge and i enter my plea i assume to truthfully answer no. Court date finally comes ( i know the charge is BS and wife doesnt want it either but police have to provide crown as procedure (according to detective) i get called in front of judge, crown says they want to "full withdraw" judge says i am free to go as i please and that was it. Me and the wife are back together btw. I get letter with actual signature from Vegreville saying my application is refused because application was sent june 15 and it says i was charged june 12th and applicant must answer thruthfully. I was under impression i did answer thruthfully as per site definition, i dont even know going forward if i am suppose to reply i was charged since i went to court nothing happened, i didnt enter any plea and judge just said you can go have a good day. (immigration letter dated july 15). I think timing of application was a grey area since before court date, i dont even understand how i have a charge when this is before my court date. Couple questions as i am truly stuck in a pickle right now
- what do i do? Resubmit application and provide details and backup?
- since my app refused i have to leave december wife permit and project on work till july (immigration Canada force us married people to separate?)
-also letter says no proof we are married on numerous occasions i sent marriage certificate did i have to sent again on this application since currently we are both on post grad?
-i previously sent canadian exp pr application what happens to that or is that application considered and merited separately
-since my 3 year OWP ending in december and my application request was to extend till wifes ends, letter says she has to have NOC o,a,b
Why is that since she is on post grad OWP?
- also on letter says after review it has been determined your employment does not benefit or opportunities for canadians or perm residents (i do not understand the significance of this as i am already employed and only wanted to extend till end of my wifes so we are not separated.

Thank you for your assistance

Hi there,
I am in the same boat, my work permit was refused due to providing false information (I was arrested once in Canada but the Crown stayed the proceedings!-therefore, I've been never charged/convicted/sentenced for the offense).
I sent an application for work permit again last month and am still waiting for the result. I explained why I answered "NO" to the question on the previous application, but I am scared of being rejected again...

Have you heard from Vegreville yet? Hope your permit has been approved!!
Any update will be really appreciated.
Thank you

 

[yoyo.dudu]

i Know it is old , but what was the result ? did u get it ?

 

[fyfy123]

i Know it is old , but what was the result ? did u get it ?

have you been in a similar case? what was your result?