Pending DUI charges from 2018 and study permit renewal

[Cor_]

Dear Friends would really appreciate it if you guys could drop a few advices and help a brother out.

So my friend back in 2018 got arrest for DUI, he has had a clean record all this life but made a poor decision which leads him to this unfortunate situation. However, on the following year 2018, he was able to renew his study permit without any problem. Fast-forwarding to 2020 July after his permit got expired, he applied 3 months before expiring to avoid any possible delays and the CIC messaged him requesting an RCMP Criminal Record check. He stated no on his study permit application " Have you ever been charged or convicted for any crime" as he did not know if he should say yes or no.

Later on, when he found out that he should have said yes, He immediately contacted IRCC and letting them know about that mistake. They have emailed him back saying they have forwarded his application to the responsible team and they would contact him if they need anything, the email has been two weeks long and still have not heard anything back. My friend has also applied for an RCMP criminal check which he is supposed to receive within a week. He's currently enrolled in university and has 2 more semesters left to graduate.

His upcoming court date for all the pending charges is at the end of October and hopefully, all these charges would get dismissed, as the judges were convinced that he is actually a good person and not someone who would do this again.

DO YOU GUYS THINK THIS PENDING CHARGES WILL DENY HIS PERMIT EXTENSION? Sorry for making this lengthy, I wanted to share the entire story short but thats the best I could do. THANK YOU ALL FOR YOUR HELP.

 

[k.h.p.]

There are two things that could happen, and one that is likely to happen:

The likely to happen: there's almost no chance the permit will be extended before the charges are resolved either in a conviction or an acquittal.

The two things that could happen:

One, you could get a procedural fairness letter because you misrepresented when, knowing that you were charged with DUI, you answered "no" to a question that explicitly asked if you had been charged. You did try to fix the error - but the question is how much longer after you submitted and how much the application had been processed before you sent a webform to IRCC admitting you misrepresented.

Two, if you are convicted of DUI, you're criminally inadmissible to Canada and will be removed.

 

[Cor_]

There are two things that could happen, and one that is likely to happen:

The likely to happen: there's almost no chance the permit will be extended before the charges are resolved either in a conviction or an acquittal.

The two things that could happen:

One, you could get a procedural fairness letter because you misrepresented when, knowing that you were charged with DUI, you answered "no" to a question that explicitly asked if you had been charged. You did try to fix the error - but the question is how much longer after you submitted and how much the application had been processed before you sent a webform to IRCC admitting you misrepresented.

Two, if you are convicted of DUI, you're criminally inadmissible to Canada and will be removed.

Thanks for the advice brother, He submitted the web form right after he got the RCMP background Check letter from CIC. He emailed them multiple times to fix the error. His court date is at the end of October. Will my friend be able to continue studying or staying in Canada if his permit for example is denied and wait for the sentencing date?

He has asked a lot of people who went through the same process, and most of their study permit was extended even with the pending charges. His lawyer also stated that CIC usually extends permits with pending charges, but only make a candidate inadmissible if they get charged in the future.

 

[k.h.p.]

If the permit is denied, no you will not be able to stay in Canada. If the permit is not refused but still stays pending, you have implied status.

In my experience, IRCC typically waits for pending charges to clear before renewing permits. If your lawyer is a criminal/DUI lawyer without a lot of immigration experience, that may be why they've said such a thing.

Given that you only tried to fix your misrepresentation after you got the RCMP clearance request (IRCC found a connection between an RCMP record and your record) you should expect that there may be some issue relating to misrepresentation as they found it before you admitted to it.

 

[Cor_]

If the permit is denied, no you will not be able to stay in Canada. If the permit is not refused but still stays pending, you have implied status.

In my experience, IRCC typically waits for pending charges to clear before renewing permits. If your lawyer is a criminal/DUI lawyer without a lot of immigration experience, that may be why they've said such a thing.

Given that you only tried to fix your misrepresentation after you got the RCMP clearance request (IRCC found a connection between an RCMP record and your record) you should expect that there may be some issue relating to misrepresentation as they found it before you admitted to it.

Totally makes sense, he's hoping to receive the RCMP report on this following week. On his CIC account, he's asked to provide Client info, RCMP record check, and any other supporting documents. He would explain in the Client info letter about this misinterpretation and about the pending charges. He also contacted his university where they said they have had students with similar problems as my friend. When IRCC sees you're studying they usually extend the permit. But of course, all the cases are different, and my friend knows for sure he's into a great battle with few options in his hand.

This is really surprising because my friend has gotten his US visa, UK visa both while his charges were pending and without knowing he has always said " no" on the section 3 " Have you ever been convicted or arrested"

 

[k.h.p.]

Well, by answering that, you've been lying.

It's going to be very difficult to argue that you interpreted "have you ever committed, been detained for, charged with, or convicted of a crime" to somehow mean "except for that very serious criminal charge of DUI that you've hired a lawyer over," in my opinion.

It does take IRCC some time to hear from RCMP that charges have been laid. That's likely why one permit renewal occurred.

 

[k.h.p.]

Totally makes sense, he's hoping to receive the RCMP report on this following week. On his CIC account, he's asked to provide Client info, RCMP record check, and any other supporting documents. He would explain in the Client info letter about this misinterpretation and about the pending charges. He also contacted his university where they said they have had students with similar problems as my friend. When IRCC sees you're studying they usually extend the permit. But of course, all the cases are different, and my friend knows for sure he's into a great battle with few options in his hand.

This is really surprising because my friend has gotten his US visa, UK visa both while his charges were pending and without knowing he has always said " no" on the section 3 " Have you ever been convicted or arrested"

Further, I highly doubt that your university has seen a lot of students criminally charged with DUI in the first place, get renewed study permits while the charges are pending in the second case. It's a crime so serious you need to obtain rehabilitation to be able to re-enter Canada. Upon conviction you are ordered to leave Canada.

 

[Cor_]

Further, I highly doubt that your university has seen a lot of students criminally charged with DUI in the first place, get renewed study permits while the charges are pending in the second case. It's a crime so serious you need to obtain rehabilitation to be able to re-enter Canada. Upon conviction you are ordered to leave Canada.

I understand, thank you for all your advice. I just hope my friend is given enough time to stay and finish his studies at least. Especially during these harsh pandemic times. And university starts from September, it would be a really difficult time for him to study if he does not get his permit.

From your experience, have you ever heard anyone who had the same situation as my friend with pending charges and got their permit renewed?

 

[k.h.p.]

I understand, thank you for all your advice. I just hope my friend is given enough time to stay and finish his studies at least. Especially during these harsh pandemic times. And university starts from September, it would be a really difficult time for him to study if he does not get his permit.

From your experience, have you ever heard anyone who had the same situation as my friend with pending charges and got their permit renewed?

No, I haven't.

Again, I must stress, DUI charged as a criminal offence is a serious matter. If you are convicted, this is grounds for removal from Canada and being banned from Canada for some time. It was a horrible choice to make and you should be focusing on working with your criminal lawyer to have the charges addressed before you worry about study permits.

 

[Cor_]

No, I haven't.

Again, I must stress, DUI charged as a criminal offence is a serious matter. If you are convicted, this is grounds for removal from Canada and being banned from Canada for some time. It was a horrible choice to make and you should be focusing on working with your criminal lawyer to have the charges addressed before you worry about study permits.

Yes it was definitely choice that my friend made. But he has had great mental health problem during that time which made him make that irresponsible decision.
And yes his lawyers are working on getting the charged reduced to non DUI. But due to the pandemic the courts aren’t operating like normal hours and his next court date is on November.
He’s just worried that, would he be able to get a permit until then or just stay without a permit.

 

[k.h.p.]

If you have applied for a permit, you have implied status until the decision is made.

If you get a procedural fairness letter regarding the misrepresentation, everything's up in the air.

 

[Matt173]

Well, you got the opinions and thoughts of a pretty kind forum member. I have also a friend who was impacted by DUI, unfortunately on the other end of the stick.

It is great that you show compassion for your friend, but it would also have been nice if you showed equal compassion for the Canadian legal system that aims to protect the broad public from people who DUI in the first place.

Perhaps not having your friend's permit renewed is the best thing that will happen to him? Have you ever thought about that? I am saying this because apparently your friend has slight issues with adhering to laws that the rest of us are trying hard to adhere to. One would think that some sort of remorse process kicks in after a DUI charge, especially criminal charge. Then your friend turns around and lies outright on his permit renewal application? Not cool.

You know, a society can only work as well as its weakest links and unless we all support to punish wrongdoing we descent into a society where anything goes. I bet that if you put your hand on your heart and ask yourself that you will come to the conclusion that perhaps your friend does not deserve to have his permit renewed. We all make mistakes but a) we should accept and live with the consequences, meaning we should be willing to pay the cost, and b) we should show some sort of remorse and willingness to do better. Shit happens but to then turn around and outright lie on the application is really not cool and shows a rather shallow understanding of the truth and respect thereof. The world won't end for your friend if his permit will not be renewed, he can sit it out and reapply in a few years. But the child or spouse, or colleague that your friend could have killed while DUI would not have gotten a second chance. And oftentimes the tens of thousand applicants who truthfully answer their permit applications and who get disadvantaged by those who try to game the system also often don't get a second chance. Food for thought perhaps?

Yes it was definitely choice that my friend made. But he has had great mental health problem during that time which made him make that irresponsible decision.
And yes his lawyers are working on getting the charged reduced to non DUI. But due to the pandemic the courts aren’t operating like normal hours and his next court date is on November.
He’s just worried that, would he be able to get a permit until then or just stay without a permit.

 

[mashulia_26]

Well, you got the opinions and thoughts of a pretty kind forum member. I have also a friend who was impacted by DUI, unfortunately on the other end of the stick.

It is great that you show compassion for your friend, but it would also have been nice if you showed equal compassion for the Canadian legal system that aims to protect the broad public from people who DUI in the first place.

Perhaps not having your friend's permit renewed is the best thing that will happen to him? Have you ever thought about that? I am saying this because apparently your friend has slight issues with adhering to laws that the rest of us are trying hard to adhere to. One would think that some sort of remorse process kicks in after a DUI charge, especially criminal charge. Then your friend turns around and lies outright on his permit renewal application? Not cool.

You know, a society can only work as well as its weakest links and unless we all support to punish wrongdoing we descent into a society where anything goes. I bet that if you put your hand on your heart and ask yourself that you will come to the conclusion that perhaps your friend does not deserve to have his permit renewed. We all make mistakes but a) we should accept and live with the consequences, meaning we should be willing to pay the cost, and b) we should show some sort of remorse and willingness to do better. Shit happens but to then turn around and outright lie on the application is really not cool and shows a rather shallow understanding of the truth and respect thereof. The world won't end for your friend if his permit will not be renewed, he can sit it out and reapply in a few years. But the child or spouse, or colleague that your friend could have killed while DUI would not have gotten a second chance. And oftentimes the tens of thousand applicants who truthfully answer their permit applications and who get disadvantaged by those who try to game the system also often don't get a second chance. Food for thought perhaps?

Could have not said it better. Just to add, his friend also lied on the US and UK applications by saying 'no' and I would say hes lucky this time but might not be when these countries find out he misrepresented himself.

 

[canuck78]

You can stop with the ”my friend”. In your past comments you went from saying “my friend“ to “I”. You also had 1 year of school left last year when you posted. I also see that the Canadian taxpayers are paying for your lawyer. If anything I would not be worried about my studies and be grateful that I didn’t kill anyone and that I am being given free legal representation that may keep me out of jail and without a serious criminal record.

 

[k.h.p.]

You can stop with the ”my friend”. In your past comments you went from saying “my friend“ to “I”. You also had 1 year of school left last year when you posted. I also see that the Canadian taxpayers are paying for your lawyer. If anything I would not be worried about my studies and be grateful that I didn’t kill anyone and that I am being given free legal representation that may keep me out of jail and without a serious criminal record.

Yeah, I kind of wanted to say all this but didn't.