Canada Spouse visa issue

[bairu8284]

Please help me here.
My wife is on a student visa in Canada past 6 months. She is sponsoring me to apply for a spouse visa.
I have two major problems to apply.

1. I was cautioned by the police for a theft of £70 in 29/12/06. It was a simple caution. And I was let go after accepting the offence in written. They have mentioned the reasons for decision as: Previous Good Character.
Well, I did not commit the crime. Long story short, I have accepted the crime as it was done my my friend and they have booked me too.
Now, as it was done almost 13 years ago, will it appear in UK pcc form? Also, should I mention in the background form about my arrest. I was taken to police station and was released after signing the acceptance form. That is it.

2. This is a bigger problem.
I have applied for student visa extension in Dec 2009. I did not get any letter from Home office for almost 6 months and when I contacted home office, they notified me that the passport has been dispatched. And they also gave me the Royal Mail reference number. Royal mail could not locate the document and it went on for another 6 months. Then, I asked Home Office to give me in written and I got a letter from the same saying that they are investigating the matter. After another few months in Dec 2011, I got a call from home office that they located my passport and asked me to come to collect. I realized on that day that my visa application for student extension made in Dec 2009 was rejected. They asked me to leave in 1 month and I left voluntarily by paying my ticket.

I am not sure what to do now. Will the above points become reasons for my Canada Dependent visa denial?


Please help me guys. Thanks

 

[Riley Haas]

Presumably you mean you are applying for an open work permit to accompany her while she is studying here.

Let me try to answer your questions:

1. My understanding of inadmissibility suggests that this won't matter even if it does appear on the police certificate, because it does not render you inadmissible. However, inadmissibility is at the discretion of the person reviewing your application. You might want to write a letter of explanation anyway.
2. Honestly I am not sure if this is information Canada would have access to. Canada and the UK share border information but I'm not sure if they do (or can) share internal immigration information. In Canada, giving that information to a foreign government would probably be against our privacy laws. I don't know if that's true for the UK. But even if it is shared, you complied with their decision, right?

 

[bairu8284]

Thanks for your reply.

Yes, I did comply with their decision and left in 3 days time. My visa was refused but I did not know the outcome as the documents were misplaced. Home office investigated and located my documents after 9 months. Then I was asked to leave and as I said, I left in 3 days time voluntarily.


Also, I hold a US B1 visa. Will this help in getting a spouse visa?

What are my chances of getting a visa?

Should I hire a lawyer to file an application or should I make a self application?
I am not sure, its just that I want to live with my wife.....

I am working for a MNC and making decent money here in India, around CAD 3000 after taxes... Do you think my showing the above B1 visa, good earnings in India, I will get my visa?

Thanks in advance. Please suggest me a way to get my visa.

 

[Riley Haas]

I don't think the US visa should have any impact on your application. If you were to apply for a visitor visa, you could submit it and your travel record as proof you have not immigrated on a tourist visa, but that's not what you're doing here. (And, honestly, I don't know how seriously Canada would take that anyway.)

As to a lawyer or consultant: Half or more of what you pay for when you hire an expert is peace of mind. Everyone can apply themselves, provided they are willing to read all the instructions and do additional research. But lawyers and consultants who have done this many times before are going to catch mistakes you wouldn't, and they are going to be able to craft the application in a way you and your wife cannot. It may be worth the money.

 

[bairu8284]

Th

I don't think the US visa should have any impact on your application. If you were to apply for a visitor visa, you could submit it and your travel record as proof you have not immigrated on a tourist visa, but that's not what you're doing here. (And, honestly, I don't know how seriously Canada would take that anyway.)

As to a lawyer or consultant: Half or more of what you pay for when you hire an expert is peace of mind. Everyone can apply themselves, provided they are willing to read all the instructions and do additional research. But lawyers and consultants who have done this many times before are going to catch mistakes you wouldn't, and they are going to be able to craft the application in a way you and your wife cannot. It may be worth the money.

 

[Riley Haas]

You're welcome and good luck