Another dui question

[Z1198]

Hi all,

Been reading the forums for a while but this is my first time posting, I have a bit of a situation on that the company I work for has asked that I move to canada to open up their operations there probably in Toronto. Unfortunately my common law wife had some issues this ye and was charged with a dui, previous to this and prior she hadn't even as much as a parking ticket and otherwise had a 100% clear record but not trying to apologise for what happened, thankfully she has put the issues behind her and she is currently pregnant with our first child.

We are both dual british and nz citizens living in New Zealand. When I get the inter company transfer will she be asked for a criminal record? And if so are any of the following the options ,

Applying for a trp to last 3yrs or travelling on british passport. Our plan is to stay in Canada 3yrs possibly 3.5yrs we have no long term plans for Canada. She initially would not and probably never need a work permit.

It would seem that most of the dui problems are for USA citizens where they have full
Access to the records, is there anyway around it for us.

Thanks guys

 

[scylla]

Due to the DUI, she is inadmissible to Canada for five years from the time she completes her punishment for the DUI. The only way around this until the five years have passed is through a TRP. I don't believe it's possible to get a 3 year TRP - I believe the maximum is six months. Hopefully someone else will be able to confirm. As I'm sure you know, there is unfortunately no guarantee the TRP will be granted.

 

[Z1198]

Thank you for the reply, will we me asked for the police clearances for the intros company transfer ? And if so would it be possible for her to go back to the uk and just do it from there ? I know it's not 100% but just wondering if it's an option

 

[Ponga]

Thank you for the reply, will we me asked for the police clearances for the intros company transfer ? And if so would it be possible for her to go back to the uk and just do it from there ? I know it's not 100% but just wondering if it's an option

I have to agree with scylla. This will certainly be a problem for her.

The DUI makes her inadmissible to Canada and it doesn't matter where she was charged.

I hate to say it, but you might have a difficult choice before you now...take the transfer, or decline it and keep your family `together'.

Good luck!

 

[Z1198]

Thanks for the replies, just wondering if they ask for a pcc for spouse on inter company transfer or is it a case of it appearing at the airport

Thanks

 

[Ponga]

Thanks for the replies, just wondering if they ask for a pcc for spouse on inter company transfer or is it a case of it appearing at the airport

Thanks

Any time a person enters Canada, CBSA has the authority (and the ability) to check the traveler's background. I'd be surprised if the spouse of a foreign worker relocating to Canada wasn't checked as well.

I'd suggest calling a qualified lawyer (since most offer a free phone consultation) to find out for sure.