Work permit in Canada

[dyloheath]

Hey, I'm going to try and keep this as simple as I can.

I'm an Australian that has been living in Canada for the last 1.5 years on a open work permit. I'm currently living Canada. No charges in Canada.

I'm coming up to the end of my visa, and my Canadian girlfriend of 1.2 years with a stable career and no criminal record says she'll sponsor me.

The problem is, I was charged with mid range drink driving (dui) in Australia a month before leaving to Canada and I'm not sure if that is the reason I was let into Canada since it was so close to my trip that it might not of processed, because i've heard it can make me inadmissible.

I didn't lie to any officers or fake anything, but all my applications for the work permit were sent in before my charge. I didn't even know a DUI could make me inadmissible. Not officers asked if I even had a record, they gave me a work permit and let me in.

Basically I want to know if my sponsorship will be refused because of the DUI charge I have, and it has only been 2 years since the charge. I'm a little confused because I'm already in Canada working.

Thanks, let me know if you have any questions to help.

 

[dyloheath]

Any advice?

 

[scylla]

Hey, I'm going to try and keep this as simple as I can.

I'm an Australian that has been living in Canada for the last 1.5 years on a open work permit. I'm currently living Canada. No charges in Canada.

I'm coming up to the end of my visa, and my Canadian girlfriend of 1.2 years with a stable career and no criminal record says she'll sponsor me.

The problem is, I was charged with mid range drink driving (dui) in Australia a month before leaving to Canada and I'm not sure if that is the reason I was let into Canada since it was so close to my trip that it might not of processed, because i've heard it can make me inadmissible.

I didn't lie to any officers or fake anything, but all my applications for the work permit were sent in before my charge. I didn't even know a DUI could make me inadmissible. Not officers asked if I even had a record, they gave me a work permit and let me in.

Basically I want to know if my sponsorship will be refused because of the DUI charge I have, and it has only been 2 years since the charge. I'm a little confused because I'm already in Canada working.

Thanks, let me know if you have any questions to help.

What was your BAC (blood alcohol level)? It's quite likely you are inadmissible to Canada and had the timing been different, you would have been refused the working holiday visa.

What was the penalty / fine given to you as a result of the DUI and when did you complete that penalty / pay that fine?

Short answer is yes - this could have a big impact on sponsorship and prevent it from being possible at this time. Key question is what was your BAC.

 

[dyloheath]

What was your BAC (blood alcohol level)? It's quite likely you are inadmissible to Canada and had the timing been different, you would have been refused the working holiday visa.

What was the penalty / fine given to you as a result of the DUI and when did you complete that penalty / pay that fine?

Short answer is yes - this could have a big impact on sponsorship and prevent it from being possible at this time. Key question is what was your BAC.

Well I don't exactly know what my BAC was because my mum has the court documents but it was NSW mid range drink driving which is between 0.08-0.149 BAC

My penalty was a $750 fine and licence disqualification for 7 months. I paid the fine in the first week and the penalty was completed in December 11th 2016

 

[scylla]

Well I don't exactly know what my BAC was because my mum has the court documents but it was NSW mid range drink driving which is between 0.08-0.149 BAC

My penalty was a $750 fine and licence disqualification for 7 months. I paid the fine in the first week and the penalty was completed in December 11th 2016

In that case you're definitely inadmissible (anything above 0.08 makes you inadmissible). I assume you didn't mention these charges when you entered Canada under the working holiday visa - which is the only reason they allowed you in (otherwise you would have been turned away and told you can't enter).

In order to qualify to be sponsored for PR (or to apply for PR yourself), you'll need to go through the rehabilitation process. However you won't qualify for rehabilitation until five years have passed from the date your penalty was completed. So you're looking at December 2021 before you can apply for rehab. And sometime after that before you can apply for PR (once rehab is approved).

Until then, your only option for remaining in Canada would be to try to apply for a TRP (this is a special visitor visa specifically for people who are inadmissible to Canada). Hard for any of us to say if it will be approved or not - but you should give it a try once you are near the end of your IEC.

You and your girlfriend may end up having to relocate to Australia for several years.