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Applying for PR with a DUI Criminal Charge while Residing in Canada???

brycehichilo

Newbie
Feb 19, 2014
4
0
Hello Guys !!
I currently have a Post- Grad Work Permit and reside in Canada . I was charged for Driving Under the Influence and blew over .80. I am considering applying for PR in a year, will these charges affect my PR application decision under Canada Experience Class ??
 

jes_ON

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Jun 22, 2009
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brycehichilo said:
will these charges affect my PR application decision under Canada Experience Class ??
Sorry to say, it will affect any application for PR, esp. if convicted. In Canada, it's a criminal conviction.
 

scylla

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Jun 8, 2010
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Your only hope is to have the DUI charged dropped. I would get a good lawyer now.

If you are convicted, that makes you inadmissible to Canada and applying for PR will be out of the question for at least 5 years (plus you'll likely be ordered to leave Canada).
 

jes_ON

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Jun 22, 2009
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I should add, you'll probably need a good immigration lawyer if you don't already have one...

http://www.cic.gc.ca/english/information/applications/guides/5312ETOC.asp

http://www.cicnews.com/2012/08/cic-news-case-files-receiving-criminal-conviction-canada-081685.html
 

gladaki

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Jul 15, 2012
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brycehichilo said:
Hello Guys !!
I currently have a Post- Grad Work Permit and reside in Canada . I was charged for Driving Under the Influence and blew over .80. I am considering applying for PR in a year, will these charges affect my PR application decision under Canada Experience Class ??
well, depends on rules of province. if your licence was not suspended after it then there should not be any problem. Many people i know who was charged with drunken driving but successfully got PR...
 

brycehichilo

Newbie
Feb 19, 2014
4
0
DRL was suspended this was in AB.. blew over .80 and charged with DUI and blowing 0ver .80. Have not face the judge yet.
 

brycehichilo

Newbie
Feb 19, 2014
4
0
Wha happens if you apply for PR before you are officially convicted or still have pending charges?( still waiting for a trial date which 6 months away?)

quote author=jes_ON link=topic=186480.msg2922940#msg2922940 date=1392931865]
Sorry to say, it will affect any application for PR, esp. if convicted. In Canada, it's a criminal conviction.
[/quote]
 

jsm0085

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Feb 26, 2012
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brycehichilo said:
Wha happens if you apply for PR before you are officially convicted or still have pending charges?( still waiting for a trial date which 6 months away?)

quote author=jes_ON link=topic=186480.msg2922940#msg2922940 date=1392931865]
Sorry to say, it will affect any application for PR, esp. if convicted. In Canada, it's a criminal conviction.
It doesn't matter. You will be required prior to landing to disclose this info and will still be found to be inadmissible prior to landing.
 

jes_ON

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Jun 22, 2009
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brycehichilo said:
Wha happens if you apply for PR before you are officially convicted or still have pending charges?( still waiting for a trial date which 6 months away?)
Again, find yourself a good lawyer.
 

scylla

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Jun 8, 2010
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05-10-2010
LANDED..........
05-10-2010
brycehichilo said:
Wha happens if you apply for PR before you are officially convicted or still have pending charges?( still waiting for a trial date which 6 months away?)
You're inadmissible if you are officially convicted or still have charges pending. The application will be refused. You need to clear the charges if you want to apply.
 

Ottawa-applicant

Hero Member
Apr 16, 2015
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Hello there,

Could you help me plz in my case:

I applied for CEC in July 2014 and almost near the end of my application. In Feb 2015 I was charge with refusal and over 80, I hired a lawyer and we have trail in December 2015 now if my CEC application isn't finished by then what should i do? will this affect me when i do my landing? I applied with my wife will this affect her too since am the main applicant.

pleas any ideas

thanks a lot
 

zardoz

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Feb 2, 2013
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09-11-2013
Ottawa-applicant said:
Hello there,

Could you help me plz in my case:

I applied for CEC in July 2014 and almost near the end of my application. In Feb 2015 I was charge with refusal and over 80, I hired a lawyer and we have trail in December 2015 now if my CEC application isn't finished by then what should i do? will this affect me when i do my landing? I applied with my wife will this affect her too since am the main applicant.

pleas any ideas

thanks a lot
Did you read the last few posts? You have an outstanding charge of DUI... If deemed inadmissible, you are both inadmissible...
 

Ottawa-applicant

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Apr 16, 2015
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zardoz said:
Did you read the last few posts? You have an outstanding charge of DUI... If deemed inadmissible, you are both inadmissible...
yes i read the last few post ... I was just asking what should i do when i land? this wasn't answer anywhere.
 

zardoz

VIP Member
Feb 2, 2013
13,304
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Canada
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LANDED..........
09-11-2013
Ottawa-applicant said:
yes i read the last few post ... I was just asking what should i do when i land? this wasn't answer anywhere.
You will be asked at the landing interview "Have you ever been charged/convicted of a crime or offence; refused admission to Canada or required to leave Canada?" (http://www.cic.gc.ca/english/resources/manuals/bulletins/2013/ob545-mod.asp). You will tell the truth or commit a further offence of misrepresentation. If you have outstanding charges or a conviction for DUI, you will probably be refused at the landing interview due to inadmissibility.
Also see http://www.cic.gc.ca/english/resources/manuals/enf/enf04-eng.pdf
12.2 Examination of foreign nationals with permanent resident visas When an applicant in possession of a permanent resident visa applies to become a permanent resident at a port of entry, the role of the BSO at Immigration Secondary is to:  verify the person’s identity;  confirm that the information on the permanent resident visa is correct;  establish that the applicant complies with all requirements of the Act and Regulations and is not inadmissible;  confirm that the applicant’s marital, common-law, or family status has not changed since the issuance of the permanent resident visa;  confirm that the applicant and their family members (whether accompanying or not) still meet the requirements of the class of permanent residents under which the permanent resident visa was issued;  impose and explain any appropriate conditions; and  welcome the new permanent resident to Canada and provide information about programs and services available to facilitate integration into Canadian society. The Regulations require that foreign nationals in possession of a permanent resident visa who are presenting themselves for permanent residence advise an officer:  if their marital status has changed since the visa was issued, as required by R51(a)(i); and  of any other facts relevant to the issuance of the visa that have changed since the visa was issued, or that the foreign national failed to disclose at the time the permanent resident visa was issued, as required by R51(a)(ii). If the BSO at Immigration Secondary establishes that the foreign national is inadmissible and that a change in the relevant facts is evident, the BSO may prepare a report under A44(1). For more information on report writing, refer to ENF 5, Writing section 44(1) Reports.
 

Ottawa-applicant

Hero Member
Apr 16, 2015
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zardoz said:
You will be asked at the landing interview "Have you ever been charged/convicted of a crime or offence; refused admission to Canada or required to leave Canada?" (http://www.cic.gc.ca/english/resources/manuals/bulletins/2013/ob545-mod.asp). You will tell the truth or commit a further offence of misrepresentation. If you have outstanding charges or a conviction for DUI, you will probably be refused at the landing interview due to inadmissibility.
Also see http://www.cic.gc.ca/english/resources/manuals/enf/enf04-eng.pdf

thanks for your prompt response. so I have to declare that I have an outstanding charges even tho it hasn't been approved or i haven't been convicted?... if hats true then they wont let me land :eek: :eek: :eek: :eek: do you suggest anything before landing? plz advice and thanks a lot