I have come across your website forum through the legal line and I am hoping that someone has advise on my current PR application that my common law partner and I have in process. Firstly, there is a little background to my circumstances:
My questions therefore are these:
- My partner and I made a joint application and we received our Invitation to apply through the Canadian Experience Class in April 2018. We are both from UK.
- In May 2018, my partner was arrested and given a conditional discharge for possession of a small amount of a controlled substance. He had to do 75 hours of community service. He completed this and his charge was withdrawn by the courts on the 18 July 2018.
- We then completed our application and submitted this to the CIC on the 24 July 2018. We have been completely honest stating his arrest and providing court documents to show that he met the conditions of his discharge.
- We have since been awaiting a response from the CIC on the status of our application. It has now been almost 9 months since the application date.
- In that time, CIC has granted us a Bridging Work permit that 24 December 2019.
- I understand that on a conditional discharge, the RCMP will automatically remove the charge after 3 years.
My questions therefore are these:
- The processing time on our PR application has been delayed - will we need to wait three years (after his record is removed) before we anticipate a decision? If so would seeking legal counsel help with the decision process?
- We are heading back to the UK for a holiday next week. I have encouraged my partner to take any court documents to show that his case have been settled when returning to Canada. Should he declare this charge at border control, eve though the charge has been settled?
