DUI 6.5 YEARS AGO, New Immigration Process...

[omaus25]

Hello to all

In 2007 I was convicted of Driving Under the Influence, I plead guilty and served the sentence given by the judge. Because it was (and still is) my only offense, I follow the requirements assigned by the court and on April 2008 my driving rights were re-established completely.

I live in the USA and work as an Engineer, over the last few months, I have been receiving calls from companies in Canada interested in my professional resume, but they are very clear that they will not sponsor any application for immigration on my behalf, weird in the sense that they are the ones contacting me, but at the same time encouraging me to apply for PR status by myself. I have tried this process before but life circumstances have crossed this plan many times, and now with a new immigration process to start on January 1st, I have been gathering all the necessary documentation to be ready to apply, IELTS (re-taken), academic documents, reference letters (professional, academic, personal), bank statements, 401K financial reports, criminal check backgrounds, Professional Board Registration, APPEGA, etc.

I am trying to start the process for Rehabilitation Certification, I am familiar with the process I have to follow, the fees involved and the documentation that needs to be attached to this application, but reading online many posts, it looks like this is a very long and stressful process, some people talk about even almost 3 years before they hear a response and not precisely what they were expecting after such a long wait. After talking to an immigration attorney he advised me to request the rehabilitation and at the same time to apply for a TRP, not to travel for work but to visit the companies that have contacted me and to check Canada and what they have to offer, he told me that by applying to the TRP my explanation should be straight forward, and honest, he said that I should explain that YES I do have a DUI, long time ago (I have submitted proper documentation for a rehabilitation approval), I am interested in Canada because it looks promising in terms of my professional development and career opportunities and that is the reason why I want to visit. He was emphatic on listing the names of the companies and people I have talked to that make me curious to discover if this could be a good move for my family (wife, 2 kids, 3 and 6 years old).

I would like to respectfully request your advice, I have a good job and I like my life in the USA, but Canada it has been the place of my final goals, on top of that many colleagues, relatives (cousins and such, not first blood line relatives), and very, very good friends are pushing me to look into this opportunity, actually they are the ones sending my resume, that is why I have been contacted.

Please let me know according to your knowledge and experience if what this attorney told me is accurate, feasible and within the grounds of common sense, regardless the work aspect I would love to visit my relatives and friends in Calgary and Vancouver... Thank you for your time and my apologies for such a long post.

 

[scylla]

A TRP is worth a try (it's possible it will be approved) - but I wouldn't absolutely count on it. TRPs are typically reserved for situations where someone really needs to be in Canada who is otherwise inadmissible (e.g. visiting a termanilly ill parent in Canada). So I would say go for it but don't get your hopes up.

Note that if a TRP is granted it will only allow you to enter Canada once for six months (it's not a multiple entry pass). The TRP also won't allow you to apply to immigrate or apply for a work permit. For that you need the rehabilitation to be approved. So I supposed one question I would ask is what happenes if the TRP is approved and you enter Canada and find an employer who is willing to hire you. At that point you are still at a standstill since the work permit / immigration application won't be approved until the rehabilitation is approved.

In the end, I don't see what you gain by getting a TRP. You need the rehabilitation request to be approved to move forward with your plans. And yes, it's quite possible the rehabilitation process will take several years to complete.

I would personally forget about the TRP. Assuming you qualify, apply to immigrate once you're ready and include the rehabilitation application.

 

[omaus25]

Thank you Scylla, really appreciate your time.

Here is the thinking process, I know about the limitations for the TRP, it is not my intention at all to use it for any other purpose than visiting Calgary and setting up interviews with HR managers... I want to know with my family first hand if this is going to be a good decision for us, a couple of weeks vacation is a good way to see it but with a higher purpose.

What put me to think on this, is this attorney, who I kind of believe because has good references as an honest person and helpful thanks to his experience. He told me that all this walking around was to expedite the rehabilitation approval, he said that because of my "more than good" chances of finding a high engineering profile job, getting the TRP will allow me to face to face get to know possible employers, with that in mind (and not assuming that any of them will sponsor an application for a work permit), I will be able to obtain letters of reference from Canadian employers stating that if I am there with a work permit, they will employ me. The timeline is this:

1. Apply for the rehabilitation
2. At the same time apply for TRP based on your thoughts about immigrating to Canada, but you want to go to talk to potential employers and see what Canada is, bottom line you are not going to change 8 years in the USA without checking where you are going.
3. TRP granted, visit Canada and meet with employers, then obtain letters of reference.
4. Go Back to USA, and apply under the new system for residency card, showing evidence that if you obtain the PR status you already have potential job offers from employers that would hire you but only if you have the proper documentation to do it.
5. With this, the rehabilitation process is still ongoing but because I am a high demand professional in Canada, then this rehabilitation petition will move forward in order to comply with the application for PR.

Does this make sense to you?

I have studied the new system to apply for PR in Canada (well, enough out the info available at this point). I did apply to Australia based on the comparison of the new system to be implemented this coming Jan. 1 with the Australian immigration process, I was amazed but the quick response I got from them advising me to present my formal permanent visa application to move to Perth specifically. So I know that under the new system I will have no problems obtaining an invitation to apply for PR to Canada.

Thoughts?

Thanks for your time!!!

 

[scylla]

I think what you've outlined as a plan in fine.

My two comments would be:
1. There's definitely a chance the TRP won't be approved. So have a plan B in case this part falls through.
2. I wouldn't assume that having the job offers will expedite the rehabilitation application processing. It may still take a long time.

Good luck.

 

[omaus25]

Do you think it is better then to obtain the rehabilitation approval first and then apply for PR?

Would it hurt my case in the long run to do what I outlined before by not getting the TRP and years after to apply for the PR?

Thanks

 

[scylla]

I think the sooner you kick off the rehab application, the better.

I don't understand your section question.

 

[omaus25]

It was about the consecuences of applying for the TRP and getting a denial.

 

[scylla]

A TRP denial will have no impact on any current or future PR application.

 

[omaus25]

Question for you Scylla, with the Rehabilitation process ongoing, you think that it is a good idea to submit an application for PR under the new system to be implemented after Jan 1st?

Thanks