tbafadal said:
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? )
You need to consult with an attorney.
The issue is not likely the driving with a suspended licence - it is the failure to appear that is likely the real issue here. However, making such determinations is not an exact science. There's also the question of
why your licence was suspended.
The Canadian Criminal Code is here: http://laws-lois.justice.gc.ca/eng/
My best guess is that this is why they concluded that is the case:
Failure to appear or to comply with summons
(4) Every one who is served with a summons and who fails, without lawful excuse, the proof of which lies on him, to appear at a time and place stated therein, if any, for the purposes of the Identification of Criminals Act or to attend court in accordance therewith, is guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or
(b) an offence punishable on summary conviction.
Source: http://laws-lois.justice.gc.ca/eng/acts/C-46/page-68.html
Thus, by failing to appear in Court you are indeed guilty of an indictable offence under Canadian Law and this makes you criminally inadmissible to Canada. I would note that the maximum penalty here is less than 10 years, however, which helps mitigate it somewhat (the amount of time relates to the time for rehabilitation).
Further, the fact that you don't take this matter seriously is going to make it rather challenging for you to convince a visa officer of your contrition - something that is going to be required to obtain a TRP. Again, the issue isn't the original charge but the fact you failed to show up in Court that is likely the real issue.
At a minimum, you are going to require a TRP to obtain entry into Canada. Again, this makes your case complex. I would advise you to find an attorney with experience in criminal inadmissibility in the context of permanent resident applications.
