Chances of receiving a TRP to work in Canada after a 1 year old DUI

[NoMe]

I'm waiting for the court date on my DUI case in Europe (no accident, no injuries, first offence ever), but have received a job offer from a Canadian employer. The employer thinks there won't be a problem, and is urging me to quit my job and start the process. They have already started the LMO for me, and want me to come over as a tourist, and start working for them on a "contractor" basis. Needless to say, they wanted me to start yesterday.

I would be taking a fair amount of risk moving both myself and my girlfriend out of well paid jobs. I would love this job, and I'm sure Canada will be great. But if I'm not allowed in/granted a TRP, we're both out of jobs with no place to live.

Can anyone tell me roughly what my chances are, and whether or not they think it's worth this risk.

 

[lpc19800]

Re: Changes of receiving a TRP to work in Canada after a 1 year old DUI

You need to check out this link: http://www.cic.gc.ca/english/information/inadmissibility/conviction.asp
basically, the charge in your home country is compared to what penalty the equivalent charge carries in Canada. Unfortunately if i remember correctly, DUI carries a prison sentence which means that you could have serious problems getting a work permit.

Secondly, coming out as a tourist and working on a contractor basis is highly illegal and again, can carry serious penalties - you shouldn't even work for them from your home country as it can get you both in to trouble. One option (which is still somewhat shady) is if the company has a European location that can hire you in the interim. Then it's all charged internally and doesn't hit the books in the same way.

That said, if your DUI makes you inadmissible then all of that needs to be sorted first before you quit your current job

 

[NoMe]

Re: Changes of receiving a TRP to work in Canada after a 1 year old DUI

Hi lpc19800, I really appreciate the reaction. I did check that url, and found the TRP is my only option. The big question now is: what are my chances of getting a TRP.

I also highly appreciate your advice on the contractor option. I wasn't aware, and surely won't go down that route if what you said is correct.

I understand I should try and clear it up before I quit. But the job won't be there forever. Either I move ahead, or I don't. So it's important for me to understad my chances. If it's over 50%, it might be a risk I'm willing to take. If it's below, I won't. If only for my girlfriends' sake.

 

[lpc19800]

I believe that a TRP (temporary resident permit) is different to a work permit in that it's for people who are usually inadmissible but have a strong reason to come to Canada - it is also a relatively short visit.
If you want to take this job then you cannot come in on a TRP.

 

[scylla]

TRP won't allow you to work. It will only allow you to enter Canada as a visitor.

Also seconding that coming as visitor and then working as a contractor is illegal. You need to have a work permit in hand before you can start working.

You need to start by applying for the TRP (while you are still in your home country, before you come to Canada). If that's refused, then you can forget about the rest.

Also, when you go to court for your DUI, do what you can to get the charges either dropped or reduced to a non-DUI offence.

 

[NoMe]

A TRP is for people who are usually inadmissible but have a strong reason to come to Canada - it is also a relatively short visit.
If you want to take this job then you cannot come in on a TRP.

Hi lpc9800,

Accoding to the CIC website, a TRP can be valid for as long as 3 years, and can be extended at that point. It also states that "work" can be one of the "strong reasons to visit Canada". But it does seem you and scylla are correct. The TRP would be a first step, after which I should be able to apply for a work permit.

Does anyone happen to know if the CIC have some kind of contact email address or phone number, where they could help me with this? I'd just like to know what my chances are. I have already been in contact with a lawyer, who said he thought my chances of success were high, but he couldn't guarantee them. Obviously, a 4000 USD paycheck might be enough motivation for him to say that... .

 

[zardoz]

Which country is prosecuting you for the DUI offence? This makes quite a lot of difference with regards your charges.
What is the exact offence, including the reported alcohol level? When you say "1 year old", do you mean that you have been formally charged but even after a year you are still waiting to defend the case?

 

[NoMe]

Which country is prosecuting you for the DUI offence? This makes quite a lot of difference with regards your charges.
What is the exact offence, including the reported alcohol level?

Hi Zardoz,

Thanks for pitching in. It's Italy (a country in which I've never lived). So I doubt anyone would even know if I didn't bring it up. But that's not a route I'm willing to follow. All the paperwork was in Italian, so I'm not 100% sure. But I think it's DUI, and the alcohol level was 1.5. I wasn't actually driving, but I was sitting behind the steering wheel. Which is the same thing in Italy. My lawyer is somewhat confident the sentence might be suspended, as there were a lot of mistakes from their part. But it's anyone's guess at this point. So I'd rather look at the worst case scenario.

Yes, after 1 year they still haven't been able to provide me with any information. And I have not been able to go to court yet to defend the case. Italy isn't exactly known for being highly organized, so I have no idea when this will happen.

As I said, I doubt the company will give me much more time to decide, and I have a lot of practical things to take care off.

 

[zardoz]

You should study a number of CIC documents before you decide what to do. These are :

http://www.cic.gc.ca/english/resources/manuals/op/op20-eng.pdf OP 20 – Temporary Resident Permits

http://www.cic.gc.ca/english/resources/manuals/enf/enf01-eng.pdf ENF 1 – Inadmissibility

http://www.cic.gc.ca/english/resources/manuals/enf/enf02-eng.pdf ENF 2 – Evaluating Inadmissibility

According to OP20, you cannot actually apply for a TRP directly. It has to be offered to you as an alternative to a visa application, much as it suggests at http://www.cic.gc.ca/english/information/inadmissibility/permits.asp

I think that you have been dealt a bad hand but if Italy is like the UK, you will be convicted of being "in charge" of a motor vehicle when over the legal limit, regardless of intent to drive. If it's physically possible that you could have driven when you were arrested, you will be treated as if you had driven. Where were the car keys? If they were either in the ignition or in your possession, you have little hope. However, if someone else had them, you have a valid defence. If it was "1.5", that probably makes you 3 times the legal limit, which is NOT in your favour.

 

[NoMe]

Hi Zardoz,

It happened in winter in the Alps when it was -12°C. So the keys were in the ignition, and the car turning to heat myself. I'm not defending this, I was definitely wrong, and made a stupid mistake. I'm OK with whatever that means. I'm just trying to figure out whether or not I have a chance of entering Canada, or whether I'm better off not spending any more time and money on this.

If I get what you're saying, then you think my chances of being approved to work in Canada are slim to none. Is that correct?

Honestly, the job seemed super nice. So it's unfortunate that it is in Canada. "Their (Canada's) loss." Unfortunately, the company will have a really hard time finding someone as specialized in the field I'm in, and that is willing to relocate to such a remote location.

 

[zardoz]

Hi Zardoz,

It happened in winter in the Alps when it was -12°C. So the keys were in the ignition, and the car turning to heat myself. I'm not defending this, I was definitely wrong, and made a stupid mistake. I'm OK with whatever that means. I'm just trying to figure out whether or not I have a chance of entering Canada, or whether I'm better off not spending any more time and money on this.

If I get what you're saying, then you think my chances of being approved to work in Canada are slim to none. Is that correct?

Honestly, the job seemed super nice. So it's unfortunate that it is in Canada. "Their (Canada's) loss." Unfortunately, the company will have a really hard time finding someone as specialized in the field I'm in, and that is willing to relocate to such a remote location.

If you can show that the job is "vital to Canada", you have a good chance of a TRP, but I think it would take some proving. Otherwise, I think the assessment of "slim to none" applies, especially as you have not yet had your day in court.

I'm really sorry... Canada is particularly "anal" about DUI.

 

[NoMe]

Well, I don't know what "vital to Canada" means. I'm sure it's a very difficult to fill position for this company. Especially given their location.

But whether that is enough to enter Canada, seems to be something that nobody can tell me with some accuracy.

What I do know is that I don't feel like running a gigantic risk here. I'm interested in the job. I don't care where it is. If I were single, I might be willing to take a gamble. But it's two lives I'm "playing" with here. So unless anything else pops up, I'll just feel like it's "their loss".

 

[lpc19800]

Please remember that nothing with Canadian immigration is certain: added to that that the people on this forum are not lawyers or immigration officers so we can only give opinions.
I would suggest speaking to several lawyers to get a more rounded opinion.

 

[txboyscout]

You would need to contact a lawyer...

Technically, you have only been charged with DUI. You have not been found guilty or any such, which could mean that CIC will refuse to make a decision until the case is resolved.

As mentioned before, Canada is very anal about DUI convictions (which you don't have yet) so try to see if you can plead it out to a lesser non dui offense.

None of us are lawyers on this forum so I think it is in your best interest to contact one ASAP.