Effect of DUI on spousal PR sponsorship

[preethy.wils]

I'm a Canadian citizen sponsoring my spouse in India. He was caught by an officer for drunk driving in 2013. He got notice in the mail to pay a fine which he paid. This is the only offence he's had in his history.

How does this affect the PR application? Will this drunk driving stuff turn up on his PCC? Does it make a difference if I apply for sponsorship after 10 years of the DUI incident?

 

[Ponga]

He is lucky that the DUI was before the changes to Canadian law in late 2018.

https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=152&top=8

If you committed an impaired driving offence before December 18, 2018

Tougher penalties for impaired driving came into effect on December 18, 2018. If you committed an impaired driving offence before this date, we’ll determine if you’re inadmissible based on the penalties in force at the time.


This means you may be inadmissible for criminality, and not serious criminality, unless you received a prison sentence in Canada longer than 6 months.


If you’re inadmissible for criminality, you may be eligible for deemed rehabilitation if at least 10 years has passed since you completed your sentence.
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https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility/overcome-criminal-convictions.html#a1
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Sounds like he is eligible for deemed rehabilitation once 10 years have passed since he paid the fine, as long as there were no other conditions imposed (like probation, for example).

 

[preethy.wils]

Thanks. I had 2 more questions to clear some doubts -

1. So, if he wants to apply for visit visa before I apply for spousal sponsorship, in the application what should be the answer to "Have you ever committed, been arrested for, been charged with or convicted of any criminal offence in any country or territory?".

2. From what I understood from the links, he'll be deemed rehabilitated after exactly 10 years from the day he paid the fines. Does it mean he should apply to move to Canada only after 10 years or does it mean that he can enter Canada only after 10 years?

He is lucky that the DUI was before the changes to Canadian law in late 2018.

https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=152&top=8

If you committed an impaired driving offence before December 18, 2018

Tougher penalties for impaired driving came into effect on December 18, 2018. If you committed an impaired driving offence before this date, we’ll determine if you’re inadmissible based on the penalties in force at the time.


This means you may be inadmissible for criminality, and not serious criminality, unless you received a prison sentence in Canada longer than 6 months.


If you’re inadmissible for criminality, you may be eligible for deemed rehabilitation if at least 10 years has passed since you completed your sentence.
---
https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility/overcome-criminal-convictions.html#a1
---


Sounds like he is eligible for deemed rehabilitation once 10 years have passed since he paid the fine, as long as there were no other conditions imposed (like probation, for example).

 

[preethy.wils]

@Ponga Could you please share your insights?

 

[Ponga]

@Ponga Could you please share your insights?

1. Answer yes, because he was charged and convicted, right?

2. Yes to both.

If you submit the sponsorship application after the 10 years have passed since he paid the fine.

https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=155&top=8

For deemed rehabilitation, at least 10 years must have passed since completing all imposed sentences for a conviction. This includes probation, fines, and any other conditions that were imposed. You do not need to submit an application to be deemed rehabilitated and there are no costs involved. If all the requirements are met, you would be admissible to Canada.