more questions on same theme

Old Nov 14th 2004, 8:34 pm
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Hi, We're starting the process of applying for sponsorship of my new husband, who is English. I'm a Canadian living in England. A lot of questions have already been answered by looking at past posts, but we have a couple of different ones.
1) My husband doesn't have or want contact with his siblings, and not a lot with his elderly parents. Is it really a necessity for the details and photos of family members on his sponsored person's forms? What if it isn't possible to get these?
2) If he has a criminal record at all, however minor and from any time in his life, will that effect the application process?
Hopefully someone can help. Thanks.
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Old Nov 14th 2004, 9:01 pm
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Originally Posted by megs04
Hi, We're starting the process of applying for sponsorship of my new husband, who is English. I'm a Canadian living in England. A lot of questions have already been answered by looking at past posts, but we have a couple of different ones.
1) My husband doesn't have or want contact with his siblings, and not a lot with his elderly parents. Is it really a necessity for the details and photos of family members on his sponsored person's forms? What if it isn't possible to get these?
2) If he has a criminal record at all, however minor and from any time in his life, will that effect the application process?
Hopefully someone can help. Thanks.
Hi, we're in the same situation but have already applied. I'm the English husband, my wife's Canadian and we're living in the UK and applying through London.

1. You don't need photos of non-accompanying family members.... All you need to put is their names on the forms. They don't even have to know that you are applying.

2. No idea on that one, depends on rehabilitation. Check the CIC website for details or maybe someone else can answer that one. My guess would be unless a certain amount of time has passed and he has been "rehabilitated" according to CIC, his application would be rejected.... Maybe someone can disagree or provide more info. Does he have one? If so, what for and from how long ago? That info may help someone to answer easier.

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Old Nov 14th 2004, 10:40 pm
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My conviction is for drunk in charge of a motor vehicle! I did not lose my driving licence as there was sufficient evidence to suggest I had no intention of driving! I recived 10 pts and a small fine! Will this affect my application?
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Old Nov 14th 2004, 11:02 pm
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Originally Posted by megs04
My conviction is for drunk in charge of a motor vehicle! I did not lose my driving licence as there was sufficient evidence to suggest I had no intention of driving! I recived 10 pts and a small fine! Will this affect my application?
I'm no expert so don't take what I say as gospel. You might find this useful:

http://www.cic.gc.ca/english/applica.../5312ETOC.html

As far as I can see, 5 years must have passed since you paid the fine, then you must apply for criminal rehabilitation. Hope that's of some use. Good luck
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Old Nov 15th 2004, 1:28 pm
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Default Re: more questions on same theme

You don't need to send photos of these family members, but i think you will find you will need to send address and date of birth, of family members. I think it helps with proving you history within the country you apply form ie. british born, canadian born..... Just gives them a clearer picture. Also for them to understand how big your family is for future immigration purposes. Some people bring in elderly parents at a later date for example.

Drink driving or similar is a serious offence in Canada, and a reason for non admission.
I believe you have a 10 year ban, but as also said. You can apply for rehabilitation 5 years from the day you finish your "sentence"
Details are on the CIC website.
There is a post on this forum somwhere that has gone through the same thing
so you could do a search through the posts.

Originally Posted by megs04
Hi, We're starting the process of applying for sponsorship of my new husband, who is English. I'm a Canadian living in England. A lot of questions have already been answered by looking at past posts, but we have a couple of different ones.
1) My husband doesn't have or want contact with his siblings, and not a lot with his elderly parents. Is it really a necessity for the details and photos of family members on his sponsored person's forms? What if it isn't possible to get these?
2) If he has a criminal record at all, however minor and from any time in his life, will that effect the application process?
Hopefully someone can help. Thanks.
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Old Nov 15th 2004, 8:03 pm
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Thanks for your help. We're looking into it more, and are hopeful.
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Old Nov 16th 2004, 3:48 am
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Originally Posted by megs04
Hi, We're starting the process of applying for sponsorship of my new husband, who is English. I'm a Canadian living in England.
A regular piece of advice, but if you're not a British citizen you should consider applying for British citizenship by naturalisation before you leave the UK (assuming you're eligible of course).

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Old Nov 16th 2004, 4:44 pm
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He's already a British citizen, born and bred, but why would that matter, out of curiousity? In reference to the question about the DUI charge, it's a bit more complicated, if anyone can help. He wasn't driving the car (says he had no intention of doing so) but was stranded by his designated driver. The charge was minimal, as the court realized he wasn't driving, so it wasn't a DUI charge, it was 'drunk and in charge of a vehicle'. Semantics, I know, but something that could make the rehabilitation different or non-existant maybe. Does everyone get granted an interview, or can you request it? If immigration digs deep enough, do you think it might make a difference? If anyone has some more advice on this, that would be fantastic. This is more stressful than we ever believed it would be.
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Old Nov 16th 2004, 6:26 pm
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Originally Posted by megs04
He's already a British citizen, born and bred, but why would that matter, out of curiousity? In reference to the question about the DUI charge, it's a bit more complicated, if anyone can help. He wasn't driving the car (says he had no intention of doing so) but was stranded by his designated driver. The charge was minimal, as the court realized he wasn't driving, so it wasn't a DUI charge, it was 'drunk and in charge of a vehicle'. Semantics, I know, but something that could make the rehabilitation different or non-existant maybe. Does everyone get granted an interview, or can you request it? If immigration digs deep enough, do you think it might make a difference? If anyone has some more advice on this, that would be fantastic. This is more stressful than we ever believed it would be.
I think the tip was for [strong]you[/strong] to apply for British citizenship if you are eligible, just in case you ever come back at some point in the future.

As for the rehabilitation, there is a section on the form to describe in detail your version of what happened in relation to the conviction, so you can go into great detail here and explain everything, they won't just take into account the actual charge/conviction (i.e. drunk and in charge of a vehicle).

If you are that concerned, try getting in touch with a lawyer in Canada...
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Old Nov 16th 2004, 8:04 pm
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Default Re: more questions on same theme

Hi Meg

Originally Posted by megs04
He's already a British citizen, born and bred, but why would that matter, out of curiousity? In reference to the question about the DUI charge, it's a bit more complicated, if anyone can help. He wasn't driving the car (says he had no intention of doing so) but was stranded by his designated driver. The charge was minimal, as the court realized he wasn't driving, so it wasn't a DUI charge, it was 'drunk and in charge of a vehicle'. Semantics, I know, but something that could make the rehabilitation different or non-existant maybe. Does everyone get granted an interview, or can you request it? If immigration digs deep enough, do you think it might make a difference? If anyone has some more advice on this, that would be fantastic. This is more stressful than we ever believed it would be.
You have to equate the offence to the Canadian Criminal Code. In Canada, he would most likely be convicted of Sec 253 of the CC, Care and Control of a Motor Vehicle while impaired. The maximum sentence is up to 5 years. (You don't have to be driving, to have care and control, only be in the car and have the keys) If more than 10 years have passed since the offence, he would be deemed rehabilitated. See: http://www.cic.gc.ca/manuals-guides/...enf/enf14e.pdf Sec. 7. Otherwise he would probably have to apply for rehabilitation See Sec. 10.

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