HELP!!!! Worried about denied entry while family class sponsership is in process

[weewees]

Hello everyone,

so my husband (australian) and I (CAnadian) am currently in the process of sponsership and have a question. We are right at the end of the finalization, they had phoned and stateted that he will not be needing an interview, then we just recieved a letter stating that because of a DUI conviction 9.5 years ago he is inadmissable to Canada.. Now we are applying for the rehabilitaion visa and waiting for the results of that.... OUr question is i have asked my husband to come for a visit to see our daughter since its been almost a year since he was in canada and i ve had a death in my family and need his help, is he going to find trouble at the airport when arriving? if he does get denied a vistor visa would it effect our spondsership? thanks so much


also any advice on what he should bring to show the aiport customs?

 

[scylla]

If he's inadmissible to Canada - then he's not just inadmissible for immigration purposes, he's inadmissible as a visitor as well.

Since he's visa exempt, he can come to Canada without applying for a visitor visa (i.e. he can board a plane and come here). If he arrives in Canada before he has been approved for rehabilitation, then I think a few different things could happen. There's a chance he could be denied entry and put on a plane back home, there's a chance they might just let him in - and I believe there's also a chance they could issue a TRP (temporary resident permit) on the spot which allows those who are inadmissible to Canada to enter Canada for a specified period of time. But it's really a dice roll. He might come all the way over just to be turned away.

If he wants to come to Canada before the rehab has been approved and make sure he doesn't have issues at immigration, he should apply for the TRP from Australia. If the TRP is approved, then he can come knowing he will be allowed into the country. (Unfortunately there's no guarantee the TRP will be approved.)

 

[crassy]

I have been in a similar (but not really) situation. I am Canadian my husband is Australian. He had a DUI 9 years ago. We have had to apply for rehabilitation (and it was granted). During the application process we did not travel to Canada because he was inadmissible due to a) his DUI
and b) not having been granted his rehabilitation yet. Rehab does not just mean for PR but also for just visiting. We had visited twice before to see my family and he was not asked about his DUI. Had he been, he would have been denied entry into Canada. Since you have applied and they know he has a DUI for which there has been no rehabilitation granted, I would say not to even chance it. He will probably be denied entry to Canada and returned to Australia on the next flight (at your own expense).

He does not need a visitor's visa to enter Canada as he is from a visa exempt country. There may be questions at immigration as to why he is entering and they may reference his application. If he admits to the DUI he may be turned away, if he denies it, there may be other issues later in that he misrepresented himself to immigration (there is a paragraph about this on the website).

My honest advice is to just wait until the application is processed. I realise it is difficult as he has not seen his child but it really is just better to hold off until you know he is admissible than have everything fall apart and him be denied entry for good and have his application denied as well.

 

[wildtoucan]

Do you apply for rehabilitation before you apply or will it be asked of at a later date? Dui is 30yrs old?

 

[barcomi]

I have been in a similar (but not really) situation. I am Canadian my husband is Australian. He had a DUI 9 years ago. We have had to apply for rehabilitation (and it was granted). During the application process we did not travel to Canada because he was inadmissible due to a) his DUI
and b) not having been granted his rehabilitation yet. Rehab does not just mean for PR but also for just visiting. We had visited twice before to see my family and he was not asked about his DUI. Had he been, he would have been denied entry into Canada. Since you have applied and they know he has a DUI for which there has been no rehabilitation granted, I would say not to even chance it. He will probably be denied entry to Canada and returned to Australia on the next flight (at your own expense).

He does not need a visitor's visa to enter Canada as he is from a visa exempt country. There may be questions at immigration as to why he is entering and they may reference his application. If he admits to the DUI he may be turned away, if he denies it, there may be other issues later in that he misrepresented himself to immigration (there is a paragraph about this on the website).

My honest advice is to just wait until the application is processed. I realise it is difficult as he has not seen his child but it really is just better to hold off until you know he is admissible than have everything fall apart and him be denied entry for good and have his application denied as well.

Hi, my wife and I are preparing to immigrate to Canada via the FSW route and are preparing the documents now. I had DUI and applied for Criminal Rehabilitation 5 weeks ago. Would CIC deny our FSW application or would they ask us to provide rehab approval before they process it? I am hoping i'll have the rehab approval before they even start looking at our documents, but know knows, it might take an year to hear back about my rehab application.

 

[crassy]

Hi, my wife and I are preparing to immigrate to Canada via the FSW route and are preparing the documents now. I had DUI and applied for Criminal Rehabilitation 5 weeks ago. Would CIC deny our FSW application or would they ask us to provide rehab approval before they process it? I am hoping i'll have the rehab approval before they even start looking at our documents, but know knows, it might take an year to hear back about my rehab application.

Sorry, just saw this now. You apply for PR and CR at the same time. Just send everything away in the same packet.

 

[barcomi]

Thank you for your reply!

We actually hired consultants to help us with the documents, etc ... and we applied for the FSW. Still waiting for Rehabilitation approval, but fingers crossed we'll be in Canada next year

Just out of curiousity, how long did your husband have to wait for the Rehabilitation approval?

Regards,

 

[blueangel371115]

Hello,
I have a question similar to this one. My friend that is in my wedding in a few months, has a partnwr with a past DUI. It was 20 years ago. Would she be allowed in to attend my wedding? Is there anything I can do to help that? She'd just be there for the day.

 

[Kiri]

Hello,
I have a question similar to this one. My friend that is in my wedding in a few months, has a partnwr with a past DUI. It was 20 years ago. Would she be allowed in to attend my wedding? Is there anything I can do to help that? She'd just be there for the day.

She could, but not her partner. She's not affected by her partner's crime. They might not even check and they'd both come across fine, but if they do, the partner would be turned away. Also I have heard in the past if you're with an inadmissible person, you tend to have to go with them and come back alone. So the advice on that I'd believe would be to tell her not to bring her partner if she wants to be completely safe. With it being just for the day they could apply for the TRP now and pray it works out?

 

[blueangel371115]

She could, but not her partner. She's not affected by her partner's crime. They might not even check and they'd both come across fine, but if they do, the partner would be turned away. Also I have heard in the past if you're with an inadmissible person, you tend to have to go with them and come back alone. So the advice on that I'd believe would be to tell her not to bring her partner if she wants to be completely safe. With it being just for the day they could apply for the TRP now and pray it works out?

Ok. I will see, thanks

 

[blueangel371115]

Ok. I will see, thanks

I did research. She could check at the border and see if she's been 'deemeda rehabilitated' then they may let her in. They have some new rules. I'll have her look into it. She should qualify.

 

[Kiri]

I did research. She could check at the border and see if she's been 'deemeda rehabilitated' then they may let her in. They have some new rules. I'll have her look into it. She should qualify.

That's good news! Definitely look into that Good luck!

 

[blueangel371115]

That's good news! Definitely look into that Good luck!

thanks. From all of us. I am happy for her too. Perhaps she can finally put that chapter behind her. She had tried years ago, before these rules and couldn't. Even though she wanted to.