**PR but DUI, in USA now, can I return to Canada?

[ljin7790]

Hi guys, I have an extremely urgent problem that needs your help, please please!!

I am a Chinese citizen, have a Canadian PR, and landed in Vancouver about 2 years ago. After landing I returned to USA to finish my job here. And now I am  ready to return to Canada to start my new life and also to maintain my residency there. But unluckily I recently got a DUI in California, I plead guilty to it and got a fine charge, no jail time, no any community service but a 3-year probation.

So my question is:

1. In my situation like this, can I still return to Canada on my PR card? I am just so afraid that they won't allow me to enter.

2. Even they do allow me to return, can I still apply for a citizenship after 3 years I live in Canada?


Please please help! Thanks!

(Especially for PMM, I know you are an expert, do you know? Really appreciated!!)

[PMM]

Hi

Hi guys, I have an extremely urgent problem that needs your help, please please!!

I am a Chinese citizen, have a Canadian PR, and landed in Vancouver about 2 years ago. After landing I returned to USA to finish my job here. And now I am  ready to return to Canada to start my new life and also to maintain my residency there. But unluckily I recently got a DUI in California, I plead guilty to it and got a fine charge, no jail time, no any community service but a 3-year probation.

So my question is:

1. In my situation like this, can I still return to Canada on my PR card? I am just so afraid that they won't allow me to enter.

2. Even they do allow me to return, can I still apply for a citizenship after 3 years I live in Canada?


Please please help! Thanks!

(Especially for PMM, I know you are an expert, do you know? Really appreciated!!)

1.  It appears luck is on your side, you are not inadmissible  From the IRPA


36. (1) A permanent resident or a foreign national is inadmissible on grounds of serious criminality for
(a) having been convicted in Canada of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years, or of an offence under an Act of Parliament for which a term of imprisonment of more than six months has been imposed;
(b) having been convicted of an offence outside Canada that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years; or

The Maximum by way of indictment under Sec 255 of the criminal code is 5 years.

2.  You citizenship is another matter, as you are on probation that time will not count towards citizenship, until the 3 years are completed.

You cannot become a citizen if you:

    * have been convicted of an indictable (criminal) offence or an offence under the Citizenship Act in the three years before you apply
    * are currently charged with an indictable offence or an offence under the Citizenship Act
    * are in prison, on parole or on probation
    * are under a removal order (have been ordered by Canadian officials to leave Canada)
    * are under investigation for, are charged with, or have been convicted of a war crime or a crime against humanity or
    * have had your Canadian citizenship taken away in the past five years.

If you are on probation or are charged with an offence and are awaiting trial, you should wait until after the probation has ended or the trial is over to apply for citizenship.

If you have spent time on probation, on parole or in prison in the last four years, you may not meet the residence requirement for citizenship.

Time in prison or on parole does not count as residence in Canada. Time on probation also does not count as residence in Canada if you were convicted of an offence. If you have spent time on probation from a conditional discharge, it may be counted toward residence.


PMM

[ljin7790]

So I can still enter Canada, correct? Thank god! And thank you, PMM!

But about citizenship, do I need to apply for a rehabilitation before I apply for citizenship? Or that is only needed for foreigners who don't have PR and want to stay in Canada? I've seen some articles about people waiting to apply rehabilitation for 5 years after the end of the sentence. I hope that is not my case...

[PMM]

Hi

So I can still enter Canada, correct? Thank god! And thank you, PMM!

But about citizenship, do I need to apply for a rehabilitation before I apply for citizenship? Or that is only needed for foreigners who don't have PR and want to stay in Canada? I've seen some articles about people waiting to apply rehabilitation for 5 years after the end of the sentence. I hope that is not my case...

Yes, you can still enter Canada, but for citizenship there is no rehabilitation, you time on probation doesn't count for citizenship.

pMM

[ljin7790]

Thanks very much, PMM! You are awesome!

It still sucks but already much better than I thought it could be!

[ljin7790]

Hi PMM, I have just found something on CIC's website, and thought maybe you can help me understand it:

"In general, time spent serving a sentence for an offence in Canada cannot count towards residence for the purposes of becoming a Canadian citizen (i.e. you cannot count time spent in a prison, penitentiary, jail, reformatory, under a conditional sentence, on probation, and/or parole as residence). "

So it seems like only offence in Canada woulde cause this problem, it doesn't say about offence outside of Canada. What do you think? Or there is another seperate term on their site is about this that I missed?

Thanks!

[PMM]

Hi

Hi PMM, I have just found something on CIC's website, and thought maybe you can help me understand it:

"In general, time spent serving a sentence for an offence in Canada cannot count towards residence for the purposes of becoming a Canadian citizen (i.e. you cannot count time spent in a prison, penitentiary, jail, reformatory, under a conditional sentence, on probation, and/or parole as residence). "

So it seems like only offence in Canada woulde cause this problem, it doesn't say about offence outside of Canada. What do you think? Or there is another seperate term on their site is about this that I missed?

Thanks!

It would appear the information on the CIC site is contrary to the Act.  Sections 21 and 22 define it as a Canadian offence.  So you are good to go.


21. Notwithstanding anything in this Act, no period may be counted as a period of residence for the purpose of this Act during which a person has been, pursuant to any enactment in force in Canada,
(a) under a probation order;
(b) a paroled inmate; or
(c) confined in or been an inmate of any penitentiary, jail, reformatory or prison.

1974-75-76, c. 108, s. 19.

Prohibition
22. (1) Despite anything in this Act, a person shall not be granted citizenship under subsection 5(1), (2) or (4) or 11(1) or take the oath of citizenship
(a) while the person is, pursuant to any enactment in force in Canada,

(i) under a probation order,

(ii) a paroled inmate, or

(iii) confined in or is an inmate of any penitentiary, jail, reformatory or prison;

PMM

[ljin7790]

Yeah it sounds like even everything it says under Section 21 and 22 is only about "in Canada", never mentioned anything about outside of Canada, so it shouldn't be a problem, right?

This thing is so headache, you think maybe I should consult with a lawyer about this? Do you work at a law office, PMM? Cuz you sound really professional! Thank you so much here!!


ljin7790