Spousal sponsorship

[Mariac819]

Normally, I think most immigration questions can be answered on your own with a bit of digging, but in your case I would suggest contacting a real Canadian immigration lawyer who has some expertise in criminal inadmissibility cases to figure out your best options.

That said, here's what I found:
According to http://www.cic.gc.ca/english/information/inadmissibility/conviction.asp, a "reckless driving" conviction (called "dangerous driving" in Canada) if you were 18 or over at the time puts you in the criminally inadmissible category.

So, the question seems to be whether there is some factor that would make you not criminally inadmissible or that would enable you to get rehabilited. First, what was your age at the time - if your conviction occurred when you were under 18, it looks like you'll be ok. Second, if your reckless driving led to any injuries, then it's punishable by up to 10 years in prison (according to this site: http://www.defencelaw.com/penalty-driving.html, and you would not be eligible to be "deemed rehabilitated" (http://www.cic.gc.ca/english/information/inadmissibility/conviction.asp#a1), and you would have to apply to for individual rehabilitation.

Dangerous driving without an injury is punishable by up to 5 years (according to that same site), and it looks like there's a 5-year waiting period after your punishment ended before you're eligible for rehabilitation in that case (http://www.cic.gc.ca/english/information/applications/guides/5312ETOC.asp#5312E3), so you're not in a great spot. If after looking at all of this you decide that you are not admissible to Canada at the present time, it might be better to try to live together in the US until you can be formally rehabilitated.

Finally, my best advice to you is not to try to hide anything, and to make it clear that you are really sorry, that you regret the event, and that you've changed your reckless ways and are now a model citizen.

This is great info but I didn't see them mention it was a dui. It could be assault for all we know lol

 

[nicsmith147]

Does anyone know if they send a letter stating they have received your application at mississauga? I'm canadian sponsoring myy australia partner and I sent in the application a month ago and still don't even know if they have received it.

 

[scylla]

Does anyone know if they send a letter stating they have received your application at mississauga? I'm canadian sponsoring myy australia partner and I sent in the application a month ago and still don't even know if they have received it.

No - they don't.

 

[msbigshot]

Does anyone know if they send a letter stating they have received your application at mississauga? I'm canadian sponsoring myy australia partner and I sent in the application a month ago and still don't even know if they have received it.

Sometimes they will send an AOR (Acknowledgement) stating the application has been received. My husband got a letter by snail mail stating it was received and if anything was to change that we needed to inform them. Sometimes they won't send anything though..

 

[IvanP]

This is great info but I didn't see them mention it was a dui. It could be assault for all we know lol

Here's the part where it says reckless driving:

Lastly, I was convicted of a "reckless driving" crime about two years ago: the car slipped in the rain and went into a ditch. I hope this won't automatically make me inadmissible?

 

[rigmarole9000]

I found this page (http://www.marclaforceccic.com/reckless-driving.php) stating that what may be "reckless driving" in the US could be merely "careless driving" in Canada, which is not a criminal offense. If my record has "reckless driving" on it, will CIC automatically decide it equates to "reckless driving" in Canada, or can I ask them to consider it "careless driving?"

Aside from that, I paid a traffic ticket for an unsafe lane change last year; I'm guessing this is not a criminal offense?

 

[IvanP]

I found this page (http://www.marclaforceccic.com/reckless-driving.php) stating that what may be "reckless driving" in the US could be merely "careless driving" in Canada, which is not a criminal offense. If my record has "reckless driving" on it, will CIC automatically decide it equates to "reckless driving" in Canada, or can I ask them to consider it "careless driving?"

Aside from that, I paid a traffic ticket for an unsafe lane change last year; I'm guessing this is not a criminal offense?

I would suggest asking a Canadian immigration lawyer a question like this. But if you can't afford it or want to try to figure it out yourself, your starting point is to look up the penalties for the exact offense you were charged with, and then compare them with the penalty ranges that are on the CIC website links that I posted earlier. If there's no potential jail time for your exact offense (Google the exact statute you were charged under, including the degree - 1st, 2nd, etc.) in the state where you were convicted, just monetary fines, then you are probably ok. But if the offense has potential jail time (and it probably does), then you really need to retain a lawyer. CIC will equate things with the same names unless you can prove that the definitions are different in your jurisdiction, but to do that properly, you'll have much better luck with a lawyer.

On a side note, I have a close friend who was killed by a reckless driver about 3 weeks ago when a driver on the other side of the road lost control on wet pavement, went into my friend's lane and hit my friend's car head-on. She was a 40-year-old mother of 2 children ages 10 and 7.

Reckless driving is a serious offense and from the tone of your messages, and the fact that you have a more recent traffic offense, you don't really acknowledge it and it hasn't changed your driving. The only reason you haven't killed someone is you were lucky. The reason reckless driving is punishable by jail time because it's really dangerous, and there's a reason the immigration law excludes people on that basis. I'm not saying you can't succeed in immigrating, just that the sooner you should recognize why the immigration law has erected this barrier to moving to Canada, and the sooner you show contrition and remorse when dealing with this issue (even better if you actually believe it), and that your driving has changed for the better, the better it will be for you. If I were looking at your file, and you were asking me to consider the driving careless, I'd want to know more about your more recent driving record - I don't know whether they can ask for that, but it's something you should think about.

 

[canuck_in_uk]

I found this page (http://www.marclaforceccic.com/reckless-driving.php) stating that what may be "reckless driving" in the US could be merely "careless driving" in Canada, which is not a criminal offense. If my record has "reckless driving" on it, will CIC automatically decide it equates to "reckless driving" in Canada, or can I ask them to consider it "careless driving?"

Aside from that, I paid a traffic ticket for an unsafe lane change last year; I'm guessing this is not a criminal offense?

That website states that a "reckless driving" charge in the US is equivalent to a charge of "Dangerous Operation of a Motor Vehicle" in Canada. It then states that if you are in the middle of a reckless driving case in the US, try to get the charges REDUCED to something equivalent to "careless driving" in Canada. Nowhere do I see it say that "reckless" in the US can be considered equivalent to "careless" in Canada.

What you really need to do is have your case assessed officially. As you live in the US, you have to do this a Canadian Port of Entry. See here http://www.cic.gc.ca/english/information/inadmissibility/rehabilitation.asp#a2

 

[rigmarole9000]

I have been inside Canada multiple times after border police scrutiny; I'm guessing they checked my record and decided to let me in? I will look into getting my record assessed officially. I am extremely careful in inclement weather now. I could have been injured or killed; I am not under the impression that I didn't make a mistake. But I'm hoping my behavior will either not be considered criminal or will not be considered serious enough to make me inadmissible. I was not under the influence, I was paying attention to the road, and I was following all the rules as usual. I was not used to driving in heavy rain. I am going to double-check what the exact offense was, and the possible punishments for it under the laws of my state.

 

[awesomejoe]

Hi Folks,


I am an FSW2014 and am expecting my visa & COPR sometime next month or so if things go well.I am likely to be married
sometime early next year, probably after I get my visa.I have the following questions:

1.) Will my spouse be able to apply for visiting visa and travel with me?


2.)Would you encourage applying for visiting visa before marriage or after marriage.
I heard it's difficult for spouse to get visitin visa if husband has a PR?

3.) Is there a chance that when she applies as PR as a dependant her application may
be hampered?


4.)Would she be eligible to apply for student visa incase visiting visa doesn't work?


I would appreciate if you could provide answers to above questions




Regards

 

[Mariac819]

Here's the part where it says reckless driving:

It was in a completely different thread lol

 

[jennifoysol]

Hello Everyone,
the current spreadsheet that exists for Singapore timeline is outdated and hasn't been updated for a while due to locked by one user and we can't edit our info.
Old link: https://docs.google.com/spreadsheet/pub?key=0AhglzgJsI5lXdDdUdDZ6dVYzY3hsa0RDcC1RYW1zZGc&output=html

I have just created a spreadsheet for all the 2014 applicants whose file is getting processed in Singapore. Feel free to update the timeline below with respective dates and comments:

https://docs.google.com/spreadsheets/d/1fRlo_Gh3reOTu6kA8gAJufcX636wWwbv_s2zG5ZnAf8/edit?usp=sharing

If you don't see your name in the spreadsheet above, and your file is being processed at SVO, I kindly ask that you update the spreadsheet with your info.
thank you,

 

[toby_2481]

hi greetings to everybody, my wife is in Vancouver Canada and I am here in Qatar, we sent our application last january 21, 2013 and the canada embassy started processing our application for PR just this May 16, 2014. I received an email last Sept 15, 2014 asking for all the documents (IMM forms) and I sent it everything without the medicals last Nov 15, 2014 (last week only). My questions are:
1. when will I be receiving a reply?
2. is it through email that they will reply?
3. I sent it through aramex should I be waiting for a reply from them as well?
4. I did not do the medicals yet since when I called the accredited clinic here in qatar by the canada embassy in UAE, they said to do the medicals as soon as I am requested by the embassy
5. will this take long?

My wife and I both applied for a permanent resident last january 2013, i hope they will reply as soon as possible.

god bless to all

 

[IvanP]

It was in a completely different thread lol

Yeah, I clicked his name to see what he'd said in his other posts so I could give a good answer because it wasn't really clear what was going on - I didn't notice that it was from a different thread. It's much easier to answer questions when the info is complete: what happened, in which jurisidiction, and when. What the exact charge was would be the most helpful information... The fact that it was dealt with summarily in traffic court suggests that it wasn't what CIC will have in mind (and probably won't show up in the FBI record), but who knows?

 

[raags]

Hello everyone,

I recently applied for my spouse sponsorship i.e 12th November 2014 and received on 13th November 2014. As per the processing time mentioned on CIC website i would expect my sponsor approval till January 2015, but the question i have is that do they slow down or stop the process from 15th December 2014- 15th January 2015 as government holidays...??????
Do i expect my approval to be delayed..??

Waiting for suggestions...

Thanks