refusal points

[tbafadal]

i have been arrested for driving with a suspended licence and missed the court date and i got a "bench warrent" , and when i applied for a student visa they told me.
1 ) You are a member of an inadmissible class of persons, A36(2)(c): Committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an indictable offence under an Act of Parliament
( is that fair or reasonable since its only driving with a suspended licence and how can i fix this and will it effect if my wife will sponcer me? )

2) your history of having contravened the conditions of admission on a previous stay in Canada (what does that mean since i did not do that)

3) your immigration status ( what they mean and how to fix)

4) purpose of visit

how to fix all of them ?

Thank you

 

[tiger007]

i have been arrested for driving with a suspended licence and missed the court date and i got a "bench warrent" , and when i applied for a student visa they told me.
1 ) You are a member of an inadmissible class of persons, A36(2)(c): Committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an indictable offence under an Act of Parliament
( is that fair or reasonable since its only driving with a suspended licence and how can i fix this and will it effect if my wife will sponcer me? )

2) your history of having contravened the conditions of admission on a previous stay in Canada (what does that mean since i did not do that)

3) your immigration status ( what they mean and how to fix)

4) purpose of visit

how to fix all of them ?

Thank you

Hi,
Honestly, attend that court hearing.. fix this problem and at the same time immeidately visit a lawyer. Nothing beats a professional legal advice from a good lawyer. It will give you a definitive answer and a peace of mind. If needed, visit 2 lawyers.. 1 to handle your driving offence case and another your immigration. This may not look so bad but in reality, the Crown will not miss any chance to throw out a future immgrant who may turn out to be a delinquent. So..it's pretty serious.

Hope you solve it.
Best of Luck.


***All opinions expressed are purely personal, and pieces of information mentioned are to the best of my knowledge... You should consult other sources too

 

[tbafadal]

thanks alot

 

[scylla]

1) I agree with Tiger. Consult with a lawyer.
2) This seems to indicate that you were allowed into Canada previously either on a visa or as a tourist and you stayed in Canada longer than allowed.
3) What is your status in the country you are in now? This is typically a refusal reason when someone is only in their current country temporarily (e.g. on a student visa) and consequently can't demonstrate strong ties to that country.
4) CIC doubts you are a genuine student. They think you have intentions to remain in Canada long-term.

Where are you now? Are you in Canada by any chance? Or are you in another country?

 

[tbafadal]

im a student in florida but i have a valid visitor visa now i have been in canada couple of times in the past weeks. and i could come to canada anytime and the last times they did not say anything in the airport. they new that i have a court and i told them its a speeding ticket and they let me in.

i dont know how to fix all of these and i tried to find a lawyer in florida to help but couldnt find any.

for number 2) i used to study in canada before and i did not over stay but i was applying for an extension during this time and they requested me to renew my passport.

3) im a student in usa as a pilot but im planning to take a degree in canada but all my family in saudi arabia and thats where i live.

4) i dont know about that but i have a girlfriend in canada but that dont change anything right ?

 

[scylla]

You would have a higher chance of being accepted if you returned to Saudia Arabia, spent some time there to re-establish ties to your home country and then tried applying for the student visa again.

 

[am84pm]

Hi,

im a student in florida but i have a valid visitor visa now i have been in canada couple of times in the past weeks. and i could come to canada anytime and the last times they did not say anything in the airport. they new that i have a court and i told them its a speeding ticket and they let me in.

i dont know how to fix all of these and i tried to find a lawyer in florida to help but couldnt find any.

for number 2) i used to study in canada before and i did not over stay but i was applying for an extension during this time and they requested me to renew my passport.

3) im a student in usa as a pilot but im planning to take a degree in canada but all my family in saudi arabia and thats where i live.

4) i dont know about that but i have a girlfriend in canada but that dont change anything right ?

your case really needs a pro lawyer. You have had couple of issues and having a girlfriend doesn't change anything. Go stay in SA and spend sometime there and again apply.all the best

 

[enfield]

Hi,

i have been arrested for driving with a suspended licence and missed the court date and i got a "bench warrent" , and when i applied for a student visa they told me.
1 ) You are a member of an inadmissible class of persons, A36(2)(c): Committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an indictable offence under an Act of Parliament
( is that fair or reasonable since its only driving with a suspended licence and how can i fix this and will it effect if my wife will sponcer me? )


Thank you

1. Apply for rehabilitation. Eligible to apply after 5 years, otherwise automatically considered rehabilitated after 10 years.
2. Or, you may get TRP (if immigration is satisfied with the facts) by submitting 'Application for Criminal Rehabilitation'. You can apply at Port or CHC abroad.