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Married ......now what, when, how, cautions, medical, visa office arrrrgh!!!!

Married ......now what, when, how, cautions, medical, visa office arrrrgh!!!!

Old Jan 6th 2010, 8:38 am
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Default Married ......now what, when, how, cautions, medical, visa office arrrrgh!!!!

Hi everyone, thanks in advance for any help you can give me as you will be able to see from my case im going to need some.

I came to canada in feb 07 for a holiday to see my grandad and check out the beautiful country and after a few months i met a girl and fell in love. I went back to England worked my ass off(im a plasterer) and after a couple of months had saved enough money to come back and lived with her for the next six months. In that time i had learned of a bunac visa that would enable me to work and live for a year which sounded ideal. I applied for it but was turned down, because of cautions i had collected in my vibrant youth.
I was gutted that what at happened nearly 5 years ago was hampering my future and controlling my life. More annoying still was that all of the offences now in england only constitute a fine, which is also what they amount to if commuted in canada. I tried to appeal unsuccessfully and started looking at other options.
I had to return to england once again as my time was up and set about working and earning as much as i could to increase my options on a quick return. Whilst being back in england i realised how much my girlfriend meant to me and how i wished to spend the rest of my life with her.
I flew back to toronto, asked her father for her hand in marriage bought a ring and proposed to her on canada day 09.
We decided that the best way to get to a stage where we could both live and work in the same place was to elope at city hall ASAP and we did so on aug 28/09 and have a big wedding at a later date. At first we thought it made sense to do an inland application for spousal sponsorship as we were both living here. After learning that the processing times for inland are far more lengthy than outland we decided that would be the best possible option.

As i start filling in the forms i see there is a few concerns that i cant seem to get advice for without paying for it. If you can help me with any of the questions below i would be internally grateful.

Medical; How much does this cost? where can i get i done uk/canada? What does it entail?
Living history; I have a long list off addresses is this good/bad? Will having spent so much time in canada in the last two years affect me greatly?
Criminal Background check; I have three cautions
1. Cannabis position 1997
2. Affray 2003
3. Criminal damage under 500 2006
Can i get a pardon? if so how much? where?
Would it be better to have lawyer work on this with me?
Is this going make me inadmissable?
Is a case like this likely to take more time to be processed?
What advice would you give in terms of spending the processing time as in where/ what stage/how long?
How much is it going to cost in total?

I apprecaite that this is a big ask and a long thread but i really wanted to give you the big picture. If any one can help steer me in the right direction with their knowledge/experience i would be so grateful.
Thanks
Lawrence
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Old Jan 6th 2010, 9:34 am
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Default Re: Married ......now what, when, how, cautions, medical, visa office arrrrgh!!!!

Well worth reading this thread about criminal rehabilitation, which I think you'll probably need to do due to not having a clean record.

As for medical, I got mine done here (I was sponsored by my wife, at the time she was my fiance, and I was living in Canada, so the inland route made more sense to me). The CIC website should provide a list of DMP's (designated medical practitioners) who are able to perform the medical. I paid $110 for the medical and $36 for the x-rays. This was in April 2008 in Mississauga, Ontario.

As for total cost, the CIC side of things should be as follows:

Sponsorship application (per application) $75.00
Principal applicant: $475
Right of Permanent Residence Fee: $490

If you need the rehabilitation thing then you also need to factor that in, which is:

Rehabilitation - Serious Criminality $1000.00
Rehabilitation - Criminality $200.00

You will also need to factor in the cost of the medical, photographs, police certificate(s), postage, and of course lawyers fees if required and there might be other costs too.

Where are you currently living? I ask as the spousal sponsorship route requires that you have been living together at the same address for at least 12 consecutive months, and you need to provide proof of the same address.
Also, if you're doing the outland route, do be aware that if you are called for an interview it'll be the office you submitted the application to which, I'm assuming will be CHC London (UK), therefore you would need to fly to the UK to attend the interview, and this is an additional cost you should consider factoring just in case. This is one of the reasons why I did inland rather than outland. My application took about 8 months to complete, and it is true that outland ones can be quicker than that.
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Old Jan 6th 2010, 2:08 pm
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Default Re: Married ......now what, when, how, cautions, medical, visa office arrrrgh!!!!

Hi

Originally Posted by sharkus
Well worth reading this thread about criminal rehabilitation, which I think you'll probably need to do due to not having a clean record.

As for medical, I got mine done here (I was sponsored by my wife, at the time she was my fiance, and I was living in Canada, so the inland route made more sense to me). The CIC website should provide a list of DMP's (designated medical practitioners) who are able to perform the medical. I paid $110 for the medical and $36 for the x-rays. This was in April 2008 in Mississauga, Ontario.

As for total cost, the CIC side of things should be as follows:

Sponsorship application (per application) $75.00
Principal applicant: $475
Right of Permanent Residence Fee: $490

If you need the rehabilitation thing then you also need to factor that in, which is:

Rehabilitation - Serious Criminality $1000.00
Rehabilitation - Criminality $200.00

You will also need to factor in the cost of the medical, photographs, police certificate(s), postage, and of course lawyers fees if required and there might be other costs too.

Where are you currently living? I ask as the spousal sponsorship route requires that you have been living together at the same address for at least 12 consecutive months, and you need to provide proof of the same address.
Also, if you're doing the outland route, do be aware that if you are called for an interview it'll be the office you submitted the application to which, I'm assuming will be CHC London (UK), therefore you would need to fly to the UK to attend the interview, and this is an additional cost you should consider factoring just in case. This is one of the reasons why I did inland rather than outland. My application took about 8 months to complete, and it is true that outland ones can be quicker than that.
1. Spousal applications don't require that you have lived together for a year, common/law applications do.
2. If you live in Toronto, Calgary area in-Canada spousal applications without first level approval will take years.
3. It would also appear that the OP is not eligible for deemed rehabilitation until 2011 (counting the Affray as a summary offence in Canada) as 5 years have to elapse from the offence when you have 2 or more summary offences.
4. It is possible that CIC/CHC may look at the 5 year period from 2003 and then you have only 1 summary offence which would not make you inadmissible.
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Old Jan 6th 2010, 7:21 pm
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Default Re: Married ......now what, when, how, cautions, medical, visa office arrrrgh!!!!

Originally Posted by Lawrence_26
Hi everyone, thanks in advance for any help you can give me as you will be able to see from my case im going to need some.

I came to canada in feb 07 for a holiday to see my grandad and check out the beautiful country and after a few months i met a girl and fell in love. I went back to England worked my ass off(im a plasterer) and after a couple of months had saved enough money to come back and lived with her for the next six months. In that time i had learned of a bunac visa that would enable me to work and live for a year which sounded ideal. I applied for it but was turned down, because of cautions i had collected in my vibrant youth.
I was gutted that what at happened nearly 5 years ago was hampering my future and controlling my life. More annoying still was that all of the offences now in england only constitute a fine, which is also what they amount to if commuted in canada. I tried to appeal unsuccessfully and started looking at other options.
I had to return to england once again as my time was up and set about working and earning as much as i could to increase my options on a quick return. Whilst being back in england i realised how much my girlfriend meant to me and how i wished to spend the rest of my life with her.
I flew back to toronto, asked her father for her hand in marriage bought a ring and proposed to her on canada day 09.
We decided that the best way to get to a stage where we could both live and work in the same place was to elope at city hall ASAP and we did so on aug 28/09 and have a big wedding at a later date. At first we thought it made sense to do an inland application for spousal sponsorship as we were both living here. After learning that the processing times for inland are far more lengthy than outland we decided that would be the best possible option.

As i start filling in the forms i see there is a few concerns that i cant seem to get advice for without paying for it. If you can help me with any of the questions below i would be internally grateful.

Medical; How much does this cost? where can i get i done uk/canada? What does it entail?
Living history; I have a long list off addresses is this good/bad? Will having spent so much time in canada in the last two years affect me greatly?
Criminal Background check; I have three cautions
1. Cannabis position 1997
2. Affray 2003
3. Criminal damage under 500 2006
Can i get a pardon? if so how much? where?
Would it be better to have lawyer work on this with me?
Is this going make me inadmissable?
Is a case like this likely to take more time to be processed?
What advice would you give in terms of spending the processing time as in where/ what stage/how long?
How much is it going to cost in total?

I apprecaite that this is a big ask and a long thread but i really wanted to give you the big picture. If any one can help steer me in the right direction with their knowledge/experience i would be so grateful.
Thanks
Lawrence
I'm confused - it seems that you've been in Canada on holiday since getting the convictions? So how did you get around the criminal inadmissibility for your holiday(s)?

Where are you now?

Last edited by christmasoompa; Jan 6th 2010 at 7:23 pm.
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Old Jan 6th 2010, 9:20 pm
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Default Re: Married ......now what, when, how, cautions, medical, visa office arrrrgh!!!!

Originally Posted by christmasoompa
I'm confused - it seems that you've been in Canada on holiday since getting the convictions? So how did you get around the criminal inadmissibility for your holiday(s)?

Where are you now?
Excellent point!

My advice and i hope you take it onboard.

IF you entered Canada by telling a few white lies on your entry paperwork for your holidays - e.g. failed to tick the box admitting that you had a criminal past then you need to do the following:

Return to the UK, go through the Criminal Rehabilitation process and get your clearance certificate BEFORE attempting to re-enter Canada.

If it is discovered that you have done the above during your process to live there on a full time basis you can almost certainly kiss it goodbye.

The CIC will take a very dim view on false entry due to a criminal past and will bar you from entry probably for a long period of time or indefinetly!

The Rehabilitation process is not that difficult, you need to put some work into gathering all of the evidence required, show that you have improved your life e.g. settled down, got married, done some educational courses, generally changed your ways and hopefully you will be successful.

If however you go back to Canada, slip under the radar and "forget" all about you criminal past when you enter again and make a false decleration on your entry forms then CIC will use this as proof that your old habits are still in play.

Good luck and congratulations on your marriage.

Do the right thing, get fully certified rehabilitation and then you can start a fresh life using which ever residency route you decide which will have a much better chance of success.

Regards

ScottyB
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Old Jan 7th 2010, 7:56 am
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Default Re: Married ......now what, when, how, cautions, medical, visa office arrrrgh!!!!

Originally Posted by PMM
1. Spousal applications don't require that you have lived together for a year, common/law applications do.
Thanks, I wasn't aware of this, though it does make sense. I could see why a spousal as opposed to common-law app may be scrutinized more due to the "marriage of convenience" thing as there would not be the requirement to live together for a year.


Originally Posted by PMM
2. If you live in Toronto, Calgary area in-Canada spousal applications without first level approval will take years.
Stupid question time from me, but what do you mean by first level approval?
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Old Jan 7th 2010, 9:10 am
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Default Re: Married ......now what, when, how, cautions, medical, visa office arrrrgh!!!!

Hi

QUOTE=sharkus;8227013]Thanks, I wasn't aware of this, though it does make sense. I could see why a spousal as opposed to common-law app may be scrutinized more due to the "marriage of convenience" thing as there would not be the requirement to live together for a year.




Stupid question time from me, but what do you mean by first level approval?[/QUOTE]

"In-Canada" spousal applications are sent to Vegrevile for processing. At about the 5/6 month mark it will either be given Approval in Principle (AIP), i.e. they believe the application is legit and there are no problems. It is sent to the local office for completion and landing. If no AIP from Vegreville it is sent to the local office and usually goes into the interview stream. It offices such as Calgary and Mississauga and Etobicoke the interview wait can stretch up to 2 years.
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Old Jan 8th 2010, 1:23 am
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Default Re: Married ......now what, when, how, cautions, medical, visa office arrrrgh!!!!

Thank you for the explanation.
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Old Jan 15th 2010, 6:45 am
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Default Re: Married ......now what, when, how, cautions, medical, visa office arrrrgh!!!!

Thanks for all your input, as scary as it is it's very helpful.

When i was at the police station recieving my last caution for criminal damage i wish i knew of its possible consquences.
It was described by the officer as " we dont have enough evidence for us to prosecute you so if you please sign here sir you can be on your way".

In fact if i had known that any of those cautions were any more than a slap on the wrist i would of fought them alot harder. If anyone has any experience or knows of a process of overturning/pardon this it would be most helpful.

When entering Canada your given a peice of paper saying have you have been convicted of any criminal offences?
Ive never been in front of a judge, jury, been to jail or served community service so i put no. But from what im reading i should of put yes? And that really i shouldnt even be able to come to canada on holiday? This sounds shocking and quite scary as i have been in and out 6 times in 2 years and never had more than a question of"what im going to be doing here ' at immigration". I'm incredibly concerned that they are now going to view my case as that i have not changed as im 'lying' about my offences everytime im coming in and out.
I dont want to jepordise my application by filling the forms in incorrectly or be seen as lying and be kicked out.
The table states
'Conviction for two or more offences outside Canada that, if committed in Canada, would constitute summary conviction offences' means 'At least 5 years after the sentances imposed were served or to be served i be deemed rehabilitated'?
Is this a cast iron rule?
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Old Jan 16th 2010, 1:37 pm
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Default Re: Married ......now what, when, how, cautions, medical, visa office arrrrgh!!!!

Originally Posted by ScottyB
IF you entered Canada by telling a few white lies on your entry paperwork for your holidays - e.g. failed to tick the box admitting that you had a criminal past then you need to do the following:
Which form is this box to be found on?
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