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Charged with dui with approved lmia inside canada

yoks20

Hero Member
May 14, 2013
210
3
Philippines
Category........
Visa Office......
Vfs manila
NOC Code......
8252
Job Offer........
Yes
Pre-Assessed..
Yes
App. Filed.......
July 5, 2019
Doc's Request.
11-07-2019
AOR Received.
04-07-2019
Med's Request
Waiting
Med's Done....
Waiting
Hi everyone! I am charged with dui (plead not guilty still on trial) my work permit expires on july 31 2017 i have approved lmia my question is If my charged dui canot affect my work permit application? Thanks in advance!
 

Buletruck

VIP Member
May 18, 2015
6,694
2,534
Others can confirm, but I doubt IRCC will process your work permit while your case is before the courts and you receive the final verdict.
 

scylla

VIP Member
Jun 8, 2010
93,029
20,586
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Yes - this will impact any new work permit application. You should expect that CIC won't process an extension application until the results of your case are known. Don't drink and drive.
 

yoks20

Hero Member
May 14, 2013
210
3
Philippines
Category........
Visa Office......
Vfs manila
NOC Code......
8252
Job Offer........
Yes
Pre-Assessed..
Yes
App. Filed.......
July 5, 2019
Doc's Request.
11-07-2019
AOR Received.
04-07-2019
Med's Request
Waiting
Med's Done....
Waiting
Yes - this will impact any new work permit application. You should expect that CIC won't process an extension application until the results of your case are known. Don't drink and drive.
Hi scylla! Thanks! I didnt drink and drive i just drive my friend home but we git stuck on the ditch, the cops even caught us half kilometer away from my car thats why i retained a good lawyer.
 

scylla

VIP Member
Jun 8, 2010
93,029
20,586
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hi scylla! Thanks! I didnt drink and drive i just drive my friend home but we git stuck on the ditch, the cops even caught us half kilometer away from my car thats why i retained a good lawyer.
So you did drink and drive. You're just saying you weren't in the car when the cops caught you.
 
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Buletruck

VIP Member
May 18, 2015
6,694
2,534
Were you impaired at the time you were stopped? You say you had been driving the car (I presume you drove into the ditch) prior to being charged? They can still charge you after the fact, even if you weren't in the car.
 

LifeDreamer

Hero Member
Feb 14, 2018
499
122
The OP never said he was drunk.

The responses in this thread show the prevalent mentality that being arrested or charged means you did it and you're guilty until proven innocent. This also shows in all Canadian immigration forms, where you will have to forever include and explain false accusations, complaints and cases in which you were acquitted as if you have a criminal record.

@friday.h you can call the offense whatever you like but no one has ever been incarcerated more than a year for merely driving under the influence, and this makes it a minor offense.
 

Buletruck

VIP Member
May 18, 2015
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@friday.h you can call the offense whatever you like but no one has ever been incarcerated more than a year for merely driving under the influence, and this makes it a minor offense.
Despite your interpretation of it being a minor offence, the reality is that a DUI can, and most often will, affect your application. It's a criminal offence that is considered serious and results in a criminal record.
 

LifeDreamer

Hero Member
Feb 14, 2018
499
122
Lol. Sounds like someone had a DUI in past. Haha.
I never had a DUI and I don't actually drink. But thanks for your prejudice it just adds to my previous point.

Thankfully the govt. and people of Canada don't consider it a minor offense lie you. Lol.
I beg your pardon? you know the immigration law doesn't classify it serious criminality, it's treated the same as with other minor offenses.

Despite your interpretation of it being a minor offence, the reality is that a DUI can, and most often will, affect your application. It's a criminal offence that is considered serious and results in a criminal record.
Legally speaking all offenses are criminal offenses no matter how minor, and they are handled the same way in court whether speeding, parking ..etc. If you were ever ticketed by a police officer for anything then it is something on your record.
 

Buletruck

VIP Member
May 18, 2015
6,694
2,534
All offences don’t result in a criminal record. As far as being handled the same way, I can’t really think of a situation where a speeding ticket would be determine by judge and jury, as all offences are not handled the same way. That’s the difference between a summary offence (minor) and an indictable offence (serious).
 

torontosm

Champion Member
Apr 3, 2013
1,677
261
I beg your pardon? you know the immigration law doesn't classify it serious criminality, it's treated the same as with other minor offenses.
.
Is this true? I was under the impression that DUI was grounds for inadmissibility to Canada, which is much more severe than other "minor offences".
 

Copingwithlife

VIP Member
Jul 29, 2018
3,949
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I never had a DUI and I don't actually drink. But thanks for your prejhttps://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility.htmludice it just adds to my previous point.


I beg your pardon? you know the immigration law doesn't classify it serious criminality, it's treated the same as with other minor offenses.


Legally speaking all offenses are criminal offenses no matter how minor, and they are handled the same way in court whether speeding, parking ..etc. If you were ever ticketed by a police officer for anything then it is something on your record.
Really ? DUI a minor offence ?
I think the Government of Canada begs to differ

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility.html
 

LifeDreamer

Hero Member
Feb 14, 2018
499
122
Really ? DUI a minor offence ?
I think the Government of Canada begs to differ

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility.html
It was not classified as serious at the time of older postings back in 2018. It is now classified as serious.

Just to clarify my early points, I never meant it was okay to commit DUI. It is never okay to commit any type of offense whether minor or serious as we all know that is against the law. However, when DUI is viewed through the whole spectrum of criminal offenses it looks minor in comparison. When you put the drunk driver next to a burglar, an armed robber, a rapist, or an arsonist you will obviously see a big difference in the degree of the crime. When you also look at the consequences of a DUI in Canada, the offenders are sometimes given a discharge agreement, a fine and a license suspension, community service or at the very most given a short jail sentence which is usually reserved for repeat offenders.

Canada does bar DUI offenders, even more so now than in the past. You can argue that such people will pose danger to Canadians if they were admitted, which is reasonable, however they also bar people who have forgotten to pay taxes in their own countries or failed to pay child support to their ex-wives in other countries even if these payments were settled and even if it was 10 or 20 years ago and the child has grown up to be an adult and a Canadian citizen. They are not allowed to come for a short visit or even transit through Canadian airports. Canada bars such people not because they pose a danger to Canadians but because they carry the stigma of a criminal record, whatever that may be. Indeed, if you closely scrutinize the admissibility criteria you will find that people who committed criminal offenses, such as DUI and others, and admitted such offenses in court can still be admissible if they had a special deal with the prosecutor to avoid getting a criminal record. So, the issue here is not whether you have been a drunk driver in the past but whether you have an official record that says so.

At the end of the day, the way to make roads safer and lower the incidence of accidents is through strict enforcement. Here in Sweden, a person can be found guilty of a DUI for just having 0.2 BAC level and alcohol itself is highly regulated and can only be purchased from the government in certain times/places and in certain quantities. This is one of the reasons why Swedish roads are among the safest in the world.
 

Copingwithlife

VIP Member
Jul 29, 2018
3,949
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When did Sweden come into the equation ? Yah ok , Canada can bar who they see fit too bar , just as Sweden can . It’s the same all over the world , different countries , and as such different laws
 
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