Rehabilitation for Offence - before or after applying through Spousal Sponsorshi

[kkramps79]

Hello, I'm sorry ahead of time if this has already been gone over but I can't seem to find anything on it.

I am from the states but am currently in Canada. My husband is a Canadian Citizen. We were married in 2011 but we were slacking on getting in everything for the sponsorship (we figured after our son was born in 2013 we should get crackin though lol).

Anyway here is my question: I do have a couple of criminal convictions, 2 very minor and 1 serious.
The one is from 2001 - Burglary. It was dropped down to a misdemeanor. I was sentenced to 10 years probation (but that was dropped after 10 years even though my FBI check doesn't show that part)
The other 2 are - Driving with no insurance and Bouncing a check.

I know I have to apply for rehabilitation (I think that's what it is called). I am wondering if I need to do this BEFORE we submit all of our documents for sponsorship or do I apply for rehabilitation only if they tell me I have to?

This is our second round with this. Originally we sent in everything and forgot 1 form so they sent everything back to us (of course to an incorrect address) so I had to re-get my FBI check and everything. I just want to make sure I am doing things right this time around because the processing times for spousal sponsorship from within Canada seems to be excessively long and I don't want to make it even longer by doing things in the wrong order.

Thanks in advance all

 

[RajaJi]

Hello, I'm sorry ahead of time if this has already been gone over but I can't seem to find anything on it.

I am from the states but am currently in Canada. My husband is a Canadian Citizen. We were married in 2011 but we were slacking on getting in everything for the sponsorship (we figured after our son was born in 2013 we should get crackin though lol).

Anyway here is my question: I do have a couple of criminal convictions, 2 very minor and 1 serious.
The one is from 2001 - Burglary. It was dropped down to a misdemeanor. I was sentenced to 10 years probation (but that was dropped after 10 years even though my FBI check doesn't show that part)
The other 2 are - Driving with no insurance and Bouncing a check.

I know I have to apply for rehabilitation (I think that's what it is called). I am wondering if I need to do this BEFORE we submit all of our documents for sponsorship or do I apply for rehabilitation only if they tell me I have to?

This is our second round with this. Originally we sent in everything and forgot 1 form so they sent everything back to us (of course to an incorrect address) so I had to re-get my FBI check and everything. I just want to make sure I am doing things right this time around because the processing times for spousal sponsorship from within Canada seems to be excessively long and I don't want to make it even longer by doing things in the wrong order.

Thanks in advance all

you are not eligible for rehabilitation until five (5) years after the end of the sentence imposed. Since probation forms part of the imposed sentence, you can apply for rehabilitation five (5) years after you complete your probation.


Applications for rehabilitation can take over a year to process. You will be advised in writing of the decision made on your application.

Receiving approval to overcome a criminal inadmissibility is only one part of determining whether or not you can enter or remain in Canada. Once you have been approved for rehabilitation, you will need to meet the requirements for applicants seeking entry as a temporary resident or permanent resident


Source: http://www.cic.gc.ca/english/information/applications/guides/5312ETOC.asp#5312E2

Due to your 2001 conviction for which you were sentenced to 10 year probation, you are not eligible to apply for Rehabilitation yet. You have mentioned that it was dropped after 10 years. If you have evidence to that then you may be eligible to apply for Rehabilitation. As far I understand, you need to apply for Rehabilitation BEFORE you submit your application. Read information on the page at the link posted above.

 

[Ponga]

I don't believe that driving without insurance is a criminal offense (in the U.S.), unless you were at fault in an accident.

The same would apply to bouncing a check, unless it was over $5000.

As mentioned, you may not be eligible for rehabilitation until 2016, based upon your 10 year probation from 2001 (unless you can find evidence that it was dropped prior to ~ 2009).

Good luck!

 

[kkramps79]

Thank you all for the information. Yes I was sentenced to 10 years probation but after 5 years (2006) they dropped my probation for good behavior, on my FBI check it does not show that though so I may need to contact someone for paperwork for that I guess. Thanks again.

If the driving without insurance (no accident was involved) and the bounced check (it was a couple hundred dollars) is not considered criminal here in Canada would I not need to apply for rehabilitation for those even if they show up on my FBI check?

 

[Ponga]

Thank you all for the information. Yes I was sentenced to 10 years probation but after 5 years (2006) they dropped my probation for good behavior, on my FBI check it does not show that though so I may need to contact someone for paperwork for that I guess. Thanks again.

If the driving without insurance (no accident was involved) and the bounced check (it was a couple hundred dollars) is not considered criminal here in Canada would I not need to apply for rehabilitation for those even if they show up on my FBI check?

I am a bit confused...have you actually seen your FBI report yet, or not.

You say that your FBI check does NOT show the probation, but then you ask if the driving without and insurance and bounced check will show up on the report. :-\

Unless you were arrested and/or charged for those, they will not be on your report.

 

[RajaJi]

Thank you all for the information. Yes I was sentenced to 10 years probation but after 5 years (2006) they dropped my probation for good behavior, on my FBI check it does not show that though so I may need to contact someone for paperwork for that I guess. Thanks again.

You can apply for correction, if possible. Contact the Probation office. You will certainly need an evidence to prove that sentence was reduced.

If the driving without insurance (no accident was involved) and the bounced check (it was a couple hundred dollars) is not considered criminal here in Canada would I not need to apply for rehabilitation for those even if they show up on my FBI check?

If above offences does not show on your FBI Report and/or are not an offense in Canada (requiring rehabilitation) then you may not be required to apply for rehabilitation for those.

 

[RajaJi]

I am a bit confused...have you actually seen your FBI report yet, or not.

You say that your FBI check does NOT show the probation, but then you ask if the driving without and insurance and bounced check will show up on the report. :-\

Unless you were arrested and/or charged for those, they will not be on your report.

I think OP meant the fact that sentence was reduced to 5 years does not show on FBI report.

 

[kkramps79]

Yes I have my FBI Check already. And correct the reduction down to 5 years from 10 years does not show.
The other 2 offences DO show up on my FBI report, but if they are not considered criminal offences in Canada will I still need to apply for rehabilitation for those? I know there are some things that are considered criminal in the US that are not considered criminal in Canada.

 

[RajaJi]

I don't think other 2 offenses are of criminal nature. They might be Summary Conviction Offenses offenses (I don't know what that means, so i could be wrong) in Canada.


If you were convicted for two (2) or more offences outside Canada that, if committed in Canada, would constitute summary conviction offences:

You are deemed rehabilitated: at least five (5) years after the sentences imposed were served or to be served.


Refer to the information on the page at the link, I posted in my earlier reply.

 

[Ponga]

Yes I have my FBI Check already. And correct the reduction down to 5 years from 10 years does not show.
The other 2 offences DO show up on my FBI report, but if they are not considered criminal offences in Canada will I still need to apply for rehabilitation for those? I know there are some things that are considered criminal in the US that are not considered criminal in Canada.

Huh?

Why would a driving without insurance (ticket?) and bouncing a check show up on an FBI report?

Anyone?

Also, it's usually the other way around; things that are not as big of an issue in the U.S., are taken more seriously in Canada.

 

[rhcohen2014]

Huh?

Why would a driving without insurance (ticket?) and bouncing a check show up on an FBI report?

Anyone?

yeah, it's actually a criminal offense. it's just how it is. not all traffic tickets are considered a lower offense. driving with a suspended license is also a criminal offense (i found out the hard way - didn't even know my license was suspended all because 1 payment was not processed correctly!). for me, it didn't show up on my fbi record even though it showed up on a background check for a job. i'm not sure if it gets taken off after a certain amount of years or what.

 

[RajaJi]

yeah, it's actually a criminal offense. it's just how it is. not all traffic tickets are considered a lower offense. driving with a suspended license is also a criminal offense (i found out the hard way - didn't even know my license was suspended all because 1 payment was not processed correctly!). for me, it didn't show up on my fbi record even though it showed up on a background check for a job. i'm not sure if it gets taken off after a certain amount of years or what.

I think other 2 offesnses are showing up on OP's FBI Report (Rap Sheet) due to the Sentence of Probation. OP has arrest record, was convicted, and sentenced. Someone else, who has committed just the other 2 offenses but has no arrest record, may get a clean FBI report.

 

[Ponga]

I think other 2 offesnses are showing up on OP's FBI Report (Rap Sheet) due to the Sentence of Probation. OP has arrest record, was convicted, and sentenced. Someone else, who has committed just the other 2 offenses but has no arrest record, may get a clean FBI report.

When did the OP indicate that she had been arrested?

A person can be charged and sentenced ( a fine + probation) without having been arrested, such as getting a ticket and having to appear before a judge. If the OP truly was arrested (and fingerprinted), your theory does make sense.

 

[kkramps79]

As far as showing up on FBI check it has nothing to do with my previous conviction since my probation was already long done at this point. The bouncing a check is a criminal offence in US (the grocery store pressed charges) When I went to court I was given a fine and probation of 1 year and they ordered me to be booked into the jail system (which is why it shows up).

The driving without insurance is an offence in the states and to be honest it was the 3rd time I was charged with that even though only one shows up on my FBI check.

Really I was quite shocked that these were on my police check but there is no way to change that now. I guess someone did already answer my question as to if I have to apply for rehabilitation prior to submitting our application for sponsorship and I guess that was the biggest question I had.

I was thinking we could of submitted our application and then they would of come back asking me to apply for rehabilitation but I guess it goes the other way around. Thanks all

 

[Ponga]

Have you maintained your visitor status since you have been in Canada, or are you now out of status?

This may give you more information:
http://www.cba.org/cba/cle/PDF/IMM11_Sedai_ENF14%20%282008-04-21%29.pdf

Good luck!