Fiancé inadmissible to Canada, TRP?

[Janelle.i]

Hello,

my spouse was chsrged with a dui in the UK. He is not able to apply for rehabilitation until 28/08/2021 as that will be 5 years from the end of god disqualification. We weren’t aware that a dui made him inadmissible to Canada and he planned on returning to Canada with me in March to meet my family and get married then apply for spousal sponsorship via inland route. Obviously this has changed everything and we are devastated. We would still like to get married in Canada and honeymoon there as well, but not until July 2020. Is getting married a valid reason for a TRP? Would a child involved make a difference? I’m recently pregnant but not in a position to raise a child alone. If he applies for rehabilitation as soon as the 5 year period has passed will it likely be refused. Other then DUI his record is clean. He did get a speeding ticket in 2019 resulting in a fine and some points but no criminal conviction. Any advice would be greatly appreciated, we are so lost. I’m currently in the UK with him until beginning of March.

 

[canuck_in_uk]

Hello,

my spouse was chsrged with a dui in the UK. He is not able to apply for rehabilitation until 28/08/2021 as that will be 5 years from the end of god disqualification. We weren’t aware that a dui made him inadmissible to Canada and he planned on returning to Canada with me in March to meet my family and get married then apply for spousal sponsorship via inland route. Obviously this has changed everything and we are devastated. We would still like to get married in Canada and honeymoon there as well, but not until July 2020. Is getting married a valid reason for a TRP? Would a child involved make a difference? I’m recently pregnant but not in a position to raise a child alone. If he applies for rehabilitation as soon as the 5 year period has passed will it likely be refused. Other then DUI his record is clean. He did get a speeding ticket in 2019 resulting in a fine and some points but no criminal conviction. Any advice would be greatly appreciated, we are so lost. I’m currently in the UK with him until beginning of March.

He can try but getting married in Canada isn't a compelling reason for a TRP. You can easily get married in the UK.

 

[Janelle.i]

That’s unfortunate, I thought it would be. It isn’t very easy for us to get married in the uk as it would be significantly more expensive. Do you know if I could seek legal advice on his behalf regarding a TRP in Canada? I can’t really find any information about what a compelling reasons for a TRP are. Regardless thank you for your response, even if it’s not the news I wanted to hear I appreciate you taking the time to respond.

 

[scylla]

That’s unfortunate, I thought it would be. It isn’t very easy for us to get married in the uk as it would be significantly more expensive. Do you know if I could seek legal advice on his behalf regarding a TRP in Canada? I can’t really find any information about what a compelling reasons for a TRP are. Regardless thank you for your response, even if it’s not the news I wanted to hear I appreciate you taking the time to respond.

None of us here are lawyers - we are all normal people like you.

However this forum is paid for by an immigration lawyer (contact info at the top of each web page). You can certainly pay for a consult with them to discuss your situation.

IMO there is no harm applying for the TRP (although it would be a good idea to get legal advice so that you submit a strong application). There's always a chance it may be approved. You should be aware that processing for a TRP can sometimes take several months - so you'll want to get the application submitted asap to try to make a March date.

Good luck. Oh - and he shouldn't have any issues getting rehab approved once he qualifies in 2021. He can apply immediately once the 5 years have passed. Of course he needs to make sure he has no further convictions.

 

[canuck78]

Not sure how long you have been in the UK but if you are pregnant you would need to look to see if you qualify for health coverage when you return to Canada. You may have to wait up to 3 months. Unfortunately you may need to alter your wedding plans and do something small in the UK.

 

[Bs65]

Not sure what the definition of expensive wedding is but a simple UK registry office wedding is not that expensive and would at least prepare the way for sponsorship . Can always plan something more substantial later on.

 

[Janelle.i]

Thank you everyone for your response.
We are now thinking it may be best for him to sponsor me to join him in the Uk, and then once he can be deemed rehabilitated relocate to Canada. Does anyone know if his recent speeding ticket will effect his ability to apply for rehabilitation? Do we now have to wait 5 years since he paid the fine? He didn’t need to attend court, and was never arrested. He got the ticket in the mail. It’s the only other time he’s been in trouble other than the dui in Aug 2015.

 

[k.h.p.]

A speeding ticket should not be considered serious criminality like a DUI is.

 

[Janelle.i]

It’s my understanding that a dui committed prior to dec 2018 will be grandfathered as criminal inadmissability as opposed to serious criminal inadmissability right? Providing no one was harmed? I was just worried we couldn’t apply for rehabilitation until 5 years after the ticket. You lot have been very helpful by the way. Great forum.

 

[scylla]

It’s my understanding that a dui committed prior to dec 2018 will be grandfathered as criminal inadmissability as opposed to serious criminal inadmissability right? Providing no one was harmed? I was just worried we couldn’t apply for rehabilitation until 5 years after the ticket. You lot have been very helpful by the way. Great forum.

Yes - you are correct about the grandfathering.

You will be able to apply for rehab as soon as the five years have passed. As said above, speeding ticket doesn't impact this.

I think your plan for temporarily settling in the UK is a good one. You could also try for the TRP first and see if that's approved. Certainly no harm trying.