ASK YOUR IMMIGRATION CONSULTANT. We accommodate inquiries on a first-come, first-served basis. Please send your questions to info@accesspro-immigration.ca. Write Ask Your Immigration Consultant in the Subject of your e-mail.
Dear Consultant,
I am a permanent resident of Canada who has applied to sponsor my spouse from the Philippines. Recently, I received a letter from immigration requesting for an explanation from the National Bureau of Investigation (NBI) from the Philippines, as well as court records of my husband’s previous case. I am scared because I know a couple of people whose permanent residence applications where refused because their husbands were criminally inadmissible. What will I do? Will I be able to bring my husband to Canada? Will my permanent residence status be affected because of his inadmissibility?
Emilia B. of Oakville
~~~~~~~~~~~~~~~~
Hi Emilia B,
Thank you for your inquiry. It’s standard procedure for Immigration, Refugee and Citizenship Canada (IRCC) to ask for all these documentations every time an applicant from the Philippines submits an NBI Clearance with “No Criminal Record” remarks. This means that the holder of the clearance has been charged of a criminal offense that was either, dismissed, withdrawn, or has been acquitted of the charges filed against him/her.
The NBI clearance of someone without record will state “No Derogatory Record.” For those getting the NBI clearance for the first time, it will state “No Record on File.”
What you should do is to comply with all the documents requested by IRCC. Please note that IRCC does not take the dismissal, acquittal, or withdrawal at face value. They will consider the crime to have been committed.
Overcoming criminal inadmissibility
Can your spouse overcome criminal inadmissibility? And how? The answer is yes. However, it depends on the offense committed. For us to better advice you, we need to assess the offense whether it is considered a summary offense or an indictable offense if committed in Canada. We will also know from there whether your spouse is deemed rehabilitated or need to apply for rehabilitation. We need to see and assess all records pertaining to the criminal case. You may call 647.408.7165 or e-mail us at info@accesspro-immigration.ca to further discuss this case.
Sincerely,
RCIC, R-523942