Can I apply for PR while Fiance having DUI

[SindhuM]

Hello Everyone,

I am from INDIA, planning to apply for PR. Your ADVISE would be highly beneficial for me as I am totally in a helpless situation.

My fiance had DUI in US for the year 2016. Last year, he had applied for Temporary work permit and then moved to Canada in the month of May 2019. The date of expiration is 30 April, 2020. Please note that the work permit is CLOSED once.

We actually planned to get married in this April 2020,
But the current situation is such that,
1. His company is working on the paper work required for the extension of his work permit;
2. His job contract is ending in May 2020;
3. As his Visa is a closed temporary work permit, none of the organisations are offering jobs as they need to sponsor for this to be converted to OPEN work permit status;

As he is not eligible to apply for Canadian PR for 5 years i.e. till next year (from the date of the case). The only option we are left is with me applying for the PR. I have planned to start my PR process with the help of ICCRC Agent directly from Canada for PNP programs.

Here are my concerns:
1. I was told it would be a problem if i get married during the PR process. Should I wait till I get my PR in hand to get married?
2. What if he comes back to INDIA, and while my process is going on if i get married, will it affect both of our status?

kindly advise any other alternate suggestions (if any).
Thanks.

 

[scylla]

Hello Everyone,

I am from INDIA, planning to apply for PR. Your ADVISE would be highly beneficial for me as I am totally in a helpless situation.

My fiance had DUI in US for the year 2016. Last year, he had applied for Temporary work permit and then moved to Canada in the month of May 2019. The date of expiration is 30 April, 2020. Please note that the work permit is CLOSED once.

We actually planned to get married in this April 2020,
But the current situation is such that,
1. His company is working on the paper work required for the extension of his work permit;
2. His job contract is ending in May 2020;
3. As his Visa is a closed temporary work permit, none of the organisations are offering jobs as they need to sponsor for this to be converted to OPEN work permit status;

As he is not eligible to apply for Canadian PR for 5 years i.e. till next year (from the date of the case). The only option we are left is with me applying for the PR. I have planned to start my PR process with the help of ICCRC Agent directly from Canada for PNP programs.

Here are my concerns:
1. I was told it would be a problem if i get married during the PR process. Should I wait till I get my PR in hand to get married?
2. What if he comes back to INDIA, and while my process is going on if i get married, will it affect both of our status?

kindly advise any other alternate suggestions (if any).
Thanks.

You cannot get married until after you have PR. If you get married at any time before you are a PR, his DUI will impact your PR application.

I take it that he committed misrepresentation and didn't declare the DUI in his work permit application?

 

[SindhuM]

You cannot get married until after you have PR. If you get married at any time before you are a PR, his DUI will impact your PR application.

I take it that he committed misrepresentation and didn't declare the DUI in his work permit application?

Firstly, Thank you so much for your prompt reply, means a lot!

He did mention about that Scylla. He contacted the lawyer directly and had mentioned the complete case details while applying/starting the process.

 

[k.h.p.]

Are you sure? A DUI normally makes you inadmissible.

 

[scylla]

Firstly, Thank you so much for your prompt reply, means a lot!

He did mention about that Scylla. He contacted the lawyer directly and had mentioned the complete case details while applying/starting the process.

That doesn't make sense. If he has a DUI, he is inadmissible to Canada and doesn't qualify for a work permit. There must be part of the story that has been left out.

 

[SindhuM]

He filed 'Temporary Resident Permit' initially then post receiving the approval he got work permit for an year!

 

[Bs65]

Firstly, Thank you so much for your prompt reply, means a lot!

He did mention about that Scylla. He contacted the lawyer directly and had mentioned the complete case details while applying/starting the process.

Assuming you mean he used a representative to submit his applcations are you positive that person included the DUI details after he had mentioned ? People with DUIs even at the US/Canada border can get turned back as inadmissable so just seems odd there was not even any mention of it even from IRCC in any TRV or work permit.