Twintrouble

Application has been gone since January. Approved as sponsor & London has been processing immigration section since March. So all in all, it's been 4.5 months. This has gotten me in a panic as we are scheduled to fly in four weeks. I have been digging into the criminal conviction aspect of things & am freaking out now!! Everything I read is negative but doesn't say if there's a difference between spouses compared to someone with no ties in Canada. I could use some accurate advice??? Thanks!

cancov

Is your spouse the sponsor or the person being sponsored?

When was his DUI conviction?

Kellie

Twintrouble

He is the one being sponsored and I am the Canadian. It was 3 years ago. Our application has been "in process" since the middle of March. Do you think they would have told us by now if his conviction would give us a negative response?

The TWs

We have a very simple (or so we think) application and we've been in "process" since Feb with no news. I'm not sure about the DUI but the application taking forever part is just the way it is I'm afraid!!!

cancov

I am facing similar worries as you, as my husband has a police caution for an indictable offence from nearly four years ago.

I am worried that he will be deemed criminally inadmissable.

I fear that your hiusband may be deemed inadmissable, based on what all the info on the CIC website says. Maybe the experts can advise?

Please let us know what happens.

Good luck.
Kellie

Twintrouble

I will post my news whenever I get any!!

andrewrb143

It is highly likely that your spouse will be considered criminally inadmissible to Canada on the basis of a DUI conviction. Five years after the offence, he may apply for approval of rehabilitation. (I'm not to sure on the exact procedure for rehabilitation).

In the mean time, at the discretion of immigration authorities, it may be possible to get a temporary resident visa.

At this point I'd recommend securing the services of an authorized immigration consultant.

Good luck with everything!

Twintrouble

Would they actually be making us wait 2 1/2 months if it was a definite "NO"?

andrewrb143

Are you applying to London or in-canada? Mine took nearly 5 months and that was without any problems. If you look on the family class timeline there are a few people with similar timelines and some have waited even longer.

The time it takes to process is influenced by so many things its impossible to say how long a case will take.

Twintrouble

Thanks for getting back to me. Our application is now in London (since mid-March) as I was already approved as a sponsor. It's been 4 1/2 months in total so far. The more I read on here, the more nervous I get. My friend has recently gone through the whole thing & was told by immigration lawyers, here & in Canada, that a spousal visa is rarely declined except when it is obvious that the marriage is a fraud. I would be interested to know if you have heard anything different??

andrewrb143

I'm not too sure if criminal inadmissability is different for family class applications. I'd recommend contacting Andrew Miller (who posts on this forum) for some expert advice.

The TWs

I know that you have the added worry of the DUI (which will probably be fine - fingers crossed for you) but your timeline isn't any longer than the rest of us waiting - there are a bunch of us who have been waiting for London since Feb - so relax and join the queue. The chance that they will turn you down flat for a spousal without an interview are so slim.

As previously suggested checkout the Share Timeline - Family Class thread and you will see people who have been waiting a lot longer than you and are still not processed!!!

Relax!!!!!!! it will be fine!!!

glenfiddich

A general question to people who have been in this DUI situation....have you sent off for your CAIPS record? If so, what did it say? I am wondering if people in this situation would gain anything from getting it. We ordered ours but our visa faster than the CAIPS record came. CAIPS can take about 6 weeks....I would send off for it....

cancov

I have been obsessively reading everything possible on the CIC website, the legislature, procedural guidelines, etc...and though I am no expert, it does seem to me that according to what CIC say in black and white a person cannot be sponsored by their spouse if they are criminally inadmissable. And the categories for criminal inadmissability are the same for spouses, visitors, skilled workers, students, etc etc.

What I am desperate to know is how exactly those laws and procedures are interpreted and put into practice? How much discretion does a visa officer have? How likely is it that they will 'overlook' an inadmissability issue or waive it, say when they consider the case compassionately? Does this ever happen? Has it happened to anyone on here?

PMM

Hi

1. The I/O cannot overlook or waive the inadmissibility.
2. If 5 years have passed since the date of completion of sentence,the the applicant can apply for rehabilitation. see: http://www.cic.gc.ca/ENGLISH/APPLICATIONS/rehabil.html
3. IF 5 years have not passed, then the applicant can submit a request on the basis of "information only" and the I/O will then make a decision whether to proceed or refuse the application.