Spousal Sponsorship in-land Applications 2016 timeline and updates
- Thread starter 9symmerty
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Hi Ferrod,
I will share my personal experience and maybe, this will make you feel better. Firstly, charges and arrest does not equal to conviction/guilty verdict. A competent court of law must find the accused person guilty; and when this happens, the accused person becomes a criminal. In my case, I was arrested in September 2013 in Lindsay, ON on three charges. I was in custody (Lindsay penitentiary) for 39 days. After numerous trips to the court room, the prosecutor couldn’t prove their case and the charges were withdrawn. After my release, I requested for the case’s disclosure and read it thoroughly. On the disclosure, the first government organization the police contacted after my arrest was CIC/IRCC to inform them of the pending court case. I believe in your wife’s case they would have done the same. However, you do not need to panic as I discovered that CIC/IRCC told the police they could not do anything at that time because I haven’t been convicted of the crime yet. CIC specifically told the police that they could only ‘deport me’ if the ‘court found me guilty’ of the charges. In 2015, my job required me to have a police check done and I applied for one. The result came and it was very clean, there was no mention of any arrest nor past stay in jail (despite the fact that the police took my fingerprints). Fast forward to August 2016 when I applied for my PR under the inland family sponsorship. On the application, I told CIC about the past arrest and the time spent in jail. I also included the letter from the court and the prosecutor that showed that the charges were withdrawn. I did not have any problems with CIC as I landed last month. Here is the summary of my story, at this point, your wife has no problem because she has not been found guilty yet. However, you guys may need to secure the services of a criminal lawyer (if you don’t have one yet) to ensure that she is not found guilty of the crime; as this may affect her chances of getting approved. Similarly, CIC/IRCC has already known about the arrest and the charges, please do not lie if they ask you about it. Make sure you say the whole truth. If the charges are withdrawn or if she is found not guilty, then, you guys have no problem. Making sure that she doesn’t have a criminal record should be you guys’ top priority now not worrying about whether to tell CIC/IRCC.
Thank you so much Les bleus for sharing your experience and reply to my concern.
That makes me feel a lot better. I have contacted some criminal lawyers and they are 99% certain that they can get my wife diversion or withdrawn charges. Some of them have even told me she could go to court on her own without a lawyer since it is a very "simple" matter. We want to do everything we can to get the best outcome and do the right thing. I know everyone is telling me not to lie to CIC/IRCC, and thank you for your advice, but that has never been our intention. We just want to know how to handle things in terms of timeline.
After she got her fingerprints taken by the police, we got a request from CIC to send her fingerprints. And then when I called CIC they told me the system said there was nothing pending for me to do. It says no fingerprints required when I log in to CIC also. We also just got DM for the SPonsor side in ECAS.
My concern is should I contact CIC and tell them about the pending case now? or should I wait until my wife gets a veredict from the Court? and meanwhile should she send her fingerprints now? or ask for more time to be able to do it once we find out if she will be convicted or not? or... if the system and call centre are telling us that there is nothing else for us to send just wait and do nothing.
Thanks a lot for your insights I really appreciate them.
If you didn't receive a procedural fairness letter (it's very obvious if you had), then the chances are zero.
That means, that Congrats are in order! Time to plan a landing party!
Also, you should correct the communication problem with CIC.
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Also, you should correct the communication problem with CIC.[/QUOTE]
Oh good, we never got that letter
. Communication problem? We've gotten information from them before (had to fix a couple forms back in January, which they emailed my husband about). But otherwise, they haven't said anything to us since.
If you have gotten letters from them, then no issue. Procedural Fairness outlines a legal standard by which they are moving to refuse the file. They give you 30 days to correct it. You'd definitely know if you got that letter. 100%.Also, you should correct the communication problem with CIC.
Oh good, we never got that letter
If you didn't get the letter, and you have a DM, you're file is finished processing and has been (basically) approved. Next is the landing interview (like a driver's license; takes 5 minutes to complete) and party.
Congratulations! You're done, stop stressing and start partying!
Here is the question, did you previously send the police report with your application? If no, then, your wife will have to do the police report and send it to CIC. The police report result will be sent to your mailing address and you can open it to know what It says. If the police report mentions your wife’s arrest and charges, I think that is fine. You only need to provide letter of explanation and tell CIC about the progress of the case if it has not been resolved by then. However, if the police report does not mention her arrest and charges, I do not think it is necessary to let them know yet until the case is finalized. This is just my opinion, you can ask a lawyer for legal advice or other people in this forum for a second opinion.
But my background is pretty simple!Similar to yours
Inland applicant, AOR Aug. 16, 2016, SA&AIP on June 21, 2017 then nothing since then... GCMS said medical and criminality have been passed.
Maybe we both have complicated background?
One of the better news is that OWP applications now only take 11 weeks to process (I recall it used to be 4 months?). I just submitted my application today so if its really 11 weeks I'll be able to get it late Jan and thats well ahead of the expiry of my current work permit