Spousal Viaa Inadmissible Criminality

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Hello All

My Canadian wife and I (UK citizen) were just about to apply for our spousal visa in January 2021.

We have just had a letter through the post from a small car accident I had with a temporary road bollard (plastic) , whilst only a small accident, I should have reported it to the Police - but I didn't....

I may now be found Guilty of Dangerous or Careless Driving and/or Leaving the scene of an Accident...

Which looks like it would make be either seriously or criminally inadmissible to Canada under a Permanent Residence application.

Has anyone had any experience of this with very recent Convictions (not ones that are rehabilitated) ?

What are my chances of being allowed to use Temporary Residence Permits for 10 years until the potential Conviction is rehabilitated?

Thanks in advance

 

[scylla]

Hello All

My Canadian wife and I (UK citizen) were just about to apply for our spousal visa in January 2021.

We have just had a letter through the post from a small car accident I had with a temporary road bollard (plastic) , whilst only a small accident, I should have reported it to the Police - but I didn't....

I may now be found Guilty of Dangerous or Careless Driving and/or Leaving the scene of an Accident...

Which looks like it would make be either seriously or criminally inadmissible to Canada under a Permanent Residence application.

Has anyone had any experience of this with very recent Convictions (not ones that are rehabilitated) ?

What are my chances of being allowed to use Temporary Residence Permits for 10 years until the potential Conviction is rehabilitated?

Thanks in advance

Your first focus should be on hiring the best criminal lawyer you can to get these charges either reduced or dropped.

If you have a pending charge, that does make you inadmissible to Canada and there's no point filing for spousal sponsorship.

It's hard to say regarding the TRP. It may or may not be granted. I think the only advice any of us can give you is that you don't want to make the assumption that a TRP will be possible for years on end as a means of living in Canada. If you cannot get the charges reduced or dropped, then you want to make sure you have a "plan B" that involves remaining in the UK.

In terms of applying for the TRP, I would recommend waiting until you know the outcome of the case against you before you file for the TRP. Ideally, if you are found guilty of some charge, I would wait until you have paid the file / completed the resulting probation before you apply for the TRP. I think the chances of the TRP being approved will be very low if you have outstanding charges or having completed whatever penalty you were given a as a result of the trial / legal process.

Above all else, hire an excellent lawyer to get the charges reduced or dropped. That's really where you need to place your focus right now.

 

[scylla]

Hello All

My Canadian wife and I (UK citizen) were just about to apply for our spousal visa in January 2021.

We have just had a letter through the post from a small car accident I had with a temporary road bollard (plastic) , whilst only a small accident, I should have reported it to the Police - but I didn't....

I may now be found Guilty of Dangerous or Careless Driving and/or Leaving the scene of an Accident...

Which looks like it would make be either seriously or criminally inadmissible to Canada under a Permanent Residence application.

Has anyone had any experience of this with very recent Convictions (not ones that are rehabilitated) ?

What are my chances of being allowed to use Temporary Residence Permits for 10 years until the potential Conviction is rehabilitated?

Thanks in advance

Also, just a small correction. Assuming you are convicted for a charge that makes you inadmissible to Canada, you would qualify to apply for rehabilitation once 5 years have passed from the date you completed your probation / sentence / paid any fines.