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Author Topic: Questions regarding my Criminal Offences (DRIVING OFFENCE REALLY):  (Read 904 times)
etarafder
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Posts: 3


« on: August 10, 2008, 11:40:59 pm »

Hello Everyone,
I am thinking of applying for PR though my spouse (Wife). We are married for over 2 years and been together for 4.  She is a Canadian Citizen. We are currently on working visa in Sydney, Australia.
My question is I have 2 Criminal offences and both less then 5 years ago and happened in New Zealand: (I was young and stupid!!)

1.   Driving under influence (when I got pulled over I was slightly over the limit and the offence history does show how much the alcohol level was in my blood). I did not hit anyone or anything. Had to go to the court and got disqualified from driving for 6 months and a $600 fine.
2.   Drove a motor vehicle in a dangerous speed (Basically speeding, got pulled over, but my offence history does not show the speed I was clocked at). I did not hit anyone or anything.  Had to go to the court and got disqualified from driving for 6 months and a $600 fine.

Now my question is do they make me inadmissible to Canada and am I just going to waste my money and time applying for PR? I have been to Canada several times on Visitor visa , but I guess that does not make any difference as they don't get to see my record for that type of vises....

Also If I decide to apply for individual rehabilitation even though 5 years hasn't passed according to this paragraph below that I have found out from www.cic.gc.ca, what do you think my chances would be to get it approved?

You can apply for individual rehabilitation if at least five years have passed since you completed your criminal sentences. People who are ineligible for approval of rehabilitation because not enough time has passed can complete the form and check “For Information Only.” An officer will decide if special permission for temporary admission is warranted."

Also should I do this first before I apply for my actual PR application or at the same time?...

Many thanks for reading and hope to get some knowledgeable answers.
I feel so frustrated about this, can't believe these things gonna come back and bit me in the a$$ this bad!!!!


Anyway Appreciate your help.
Shawn
« Last Edit: August 11, 2008, 12:08:24 am by etarafder » Logged
PMM
VIP Member
*******
Posts: 6581


« Reply #1 on: August 11, 2008, 01:20:54 am »

Hi

Hello Everyone,
I am thinking of applying for PR though my spouse (Wife). We are married for over 2 years and been together for 4.  She is a Canadian Citizen. We are currently on working visa in Sydney, Australia.
My question is I have 2 Criminal offences and both less then 5 years ago and happened in New Zealand: (I was young and stupid!!)

1.   Driving under influence (when I got pulled over I was slightly over the limit and the offence history does show how much the alcohol level was in my blood). I did not hit anyone or anything. Had to go to the court and got disqualified from driving for 6 months and a $600 fine.
2.   Drove a motor vehicle in a dangerous speed (Basically speeding, got pulled over, but my offence history does not show the speed I was clocked at). I did not hit anyone or anything.  Had to go to the court and got disqualified from driving for 6 months and a $600 fine.

Now my question is do they make me inadmissible to Canada and am I just going to waste my money and time applying for PR? I have been to Canada several times on Visitor visa , but I guess that does not make any difference as they don't get to see my record for that type of vises....

Also If I decide to apply for individual rehabilitation even though 5 years hasn't passed according to this paragraph below that I have found out from www.cic.gc.ca, what do you think my chances would be to get it approved?

You can apply for individual rehabilitation if at least five years have passed since you completed your criminal sentences. People who are ineligible for approval of rehabilitation because not enough time has passed can complete the form and check “For Information Only.” An officer will decide if special permission for temporary admission is warranted."

Also should I do this first before I apply for my actual PR application or at the same time?...

Many thanks for reading and hope to get some knowledgeable answers.
I feel so frustrated about this, can't believe these things gonna come back and bit me in the a$$ this bad!!!!


Anyway Appreciate your help.
Shawn


1.  The Driving while impaired makes you inadmissible, so 5 years after the expiry of your license ban, you are eligible to apply for rehabilitaiton. So you have to submit for information purposes and include it with your application.  CHC may issue you a TRP to enter Canada, and the application completed once you are eligible.

PMM
Logged
etarafder
Newbie
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Posts: 3


« Reply #2 on: August 11, 2008, 01:39:47 am »

Hi


1.  The Driving while impaired makes you inadmissible, so 5 years after the expiry of your license ban, you are eligible to apply for rehabilitaiton. So you have to submit for information purposes and include it with your application.  CHC may issue you a TRP to enter Canada, and the application completed once you are eligible.

PMM

Thanks PMM for your reply.

I have been thinking of TRP as well, but the problem is (I will try to explain it as clearly as possible) : As I mentioned earlier I have been travelling back and forth to Canada, as I have got a visitor's visa. But unfortunately when I applied for that Visa, the part on the form where they ask you if you have any criminal offence, I ticked "NO"! (As they did not ask for criminal offence record) .. So now if I bring up my DIU with them, don't you think they are going to find out that I pretty much miss informed them on my previous applications, thus I might end up losing my only way to travel to Canada...

I am in such a deee sh$t ain't I?
Thanks
Logged
PMM
VIP Member
*******
Posts: 6581


« Reply #3 on: August 11, 2008, 02:54:09 pm »

Hi

Hi


1.  The Driving while impaired makes you inadmissible, so 5 years after the expiry of your license ban, you are eligible to apply for rehabilitaiton. So you have to submit for information purposes and include it with your application.  CHC may issue you a TRP to enter Canada, and the application completed once you are eligible.

PMM

Thanks PMM for your reply.

I have been thinking of TRP as well, but the problem is (I will try to explain it as clearly as possible) : As I mentioned earlier I have been travelling back and forth to Canada, as I have got a visitor's visa. But unfortunately when I applied for that Visa, the part on the form where they ask you if you have any criminal offence, I ticked "NO"! (As they did not ask for criminal offence record) .. So now if I bring up my DIU with them, don't you think they are going to find out that I pretty much miss informed them on my previous applications, thus I might end up losing my only way to travel to Canada...

I am in such a deee sh$t ain't I?
Thanks


Well you have misrepresented yourself, lucky you haven't received a 2 year ban.  But that is water under the bridge.
Start the rehab process, but resign yourself for  a long wait.

PMM
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