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My fiance is a citizen of Dominica and was charged with handling stole

 
Sokkalaw's Avatar
  • Answered by:Sokkalaw
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Customer Question

My fiance is a citizen of Dominica and was charged with handling stolen goods in 2008 and found guilty (item was a laptop, so assume $500 USD value). He paid the fine and did not do jail time. Is this a charge that would keep him out of Canada and, if so, how long before he would be admissible? (He had one other minor charge in 2003 for throwing a missile (bottle) and did 1 month in jail because he could not pay the fine). What are his chances of getting into Canada and when? If we marry (I am Canadian), will this speed up the process at all? I am in the process of applying for a visitor visa for him, but it may be no use if it will only get rejected with 100% certainty?

Submitted: 360 days and 5 hours ago.
Category: Canada Law
Value: CA$39
Status: CLOSED

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Expert:  Sokkalaw replied 360 days and 5 hours ago.


AskEmil :

Hello,

AskEmil :

How old was your fiance when he was charged and convicted?

Customer :

It was in 2008 so he would have been 20-21

AskEmil :

ok

AskEmil :

he would probably have been okay if he were under 18

AskEmil :

The thing to do is to get an exact copy of the law that he was convicted under

AskEmil :

Once you have that, you will have to compare the Domincan law with the similar provision under the Canadian Criminal code

Customer :

It's not enough to know the charge? It was "handling stolen goods" which is also a charge in Canada

AskEmil :

No

AskEmil :

you need to compare both provisions

AskEmil :

From what you have said I suspect that his would be a summary offence

AskEmil :

But you have have to be sure

Customer :

Ok. So if it IS a summary offence, and we get married before the 5 years before he is admissible, does that speed up entry at all?

AskEmil :

What you can do is this

AskEmil :

You can apply for sponsorship (or whatever it is you plan to do) and ask for criminal inadmissibility to be waived under s. 25 of the IRPA (humanitarian and compassionate grounds)

AskEmil :

You can also apply for temporary resident permit

AskEmil :

note permit not visa

AskEmil :

With, they may let him in before the 5 years

Customer :

Ok. Is applying for a visitor VISA in the rare chance it might be accepted worth it? Or is it 100% denial, do you think? For right now - until I am able to do sponsorship/permit

AskEmil :

If he is inadmissible he cannot get a visa

AskEmil :

he will need a temporary resident permit

Customer :

So do all summary offenses automatically make you inadmissable then? (ie. Don't bother) Or are some ignored?

Customer :

is it HARMFUL to apply for visitor visa and get denied?

AskEmil :

how many convictions does he have, just the one?

Customer :

I told you about 2 in the original question - one in 2003 for throwing a "missile" (bottle) for which he did a month in jail because he could not pay the fine and this one.

AskEmil :

okay so he had two convictions

Customer :

yes

AskEmil :

but the first one was in 2003. Was he about 15 at the time?

Customer :

Around that age, yes

AskEmil :

So that one does not count because he was under the age of 18

Customer :

Ok.

AskEmil :

So if it is a summary offence, he should be okay since he only has one conviction

AskEmil :

if it is an indictable offence, he will have problems

AskEmil :

so the best thing to do would be to first compare the Canadian provision with the Domincan one

AskEmil :

just to be sure

Customer :

Ok. But I'm asking if I apply for a Visitor Visa (although likely to get rejected due to criminal record), will it be harmful in ANY way to his future applications for visas/permits/spousal sponsorship, etc

Customer :

Ie. Does having a rejection due to criminal record negatively affect you if you apply once your record is good again?

AskEmil :

if he is inadmissible for visitors, he is also inadmissible for permanent residence

AskEmil :

so he would have to overcome his inadmissibility first

AskEmil :

The actual rejection is not the problem. It is the actual inadmissibility

Customer :

Thats not what Im asking. Im asking if I apply TODAY for a visitor visa and its rejected because his offense is less than 5 years old.... And then 3 years down the road, I apply for a permanent residence, will having a visitor visa rejection on file affect FUTURE (once cleared) applications for anything

AskEmil :

no

Customer :

Ok. Perfect. Thank u for your help

AskEmil :

the actual rejection is not the problem The problem is the inadmissibility

Customer :

Ok

AskEmil :

so if he is admissible in 3 years, a prior visitors visa rejection is not relevant

Customer :

perfect

AskEmil :

for a spousal application

AskEmil :

ok

AskEmil :

all the best

Customer :

thank u

AskEmil :

press accept if it was helpful

Customer :

Hi - I did accept and I was charged the 39 dollars... I assume if I accepted again, I'd be charged again.

AskEmil :

Hello, I will ask customer service to look into this.

All the best

Expert TypeLawyer
Category: Canada Law
Pos. Feedback: 95.8 %
Accepts: 222
Answered: 4/18/2012

Experience: Lawyer in Ontario, Canada

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