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How DUI will affect permanent residency.

Elena132

Member
Nov 17, 2018
15
0
Hi. If somebody stays in Canada for a long time but never applies for citizenship, commits a DUI, get a $2000 ticket and a 2 year suspension recently, will they be able to continue their stay in canada as a PR and become citizen? Will they get removal order?

thank you in advance
 

Fuzu

Star Member
Oct 6, 2021
96
1
6 months ago I was at an office party. Rarely do I drink but had 3-4 drinks that night and got stopped on the way home for doing 70 in a 60 zone. They did a routine breathalyzer and I was convicted with impaired driving over the limit ( over 0.08 ).

I know it's a serious offence however the officer on scene along with some lawyers I spoke to who specializes in DUI confirmed for first time offence it is 100% NOT a criminal charge and does not go on your criminal record ONLY in Alberta, Canada. They gave me an administrative penalty ( harsh consequences, I deserve it) under the traffic safety Act.

Other provinces in Canada might charge you criminally under Criminal code of Canada for 1st offence. But not in the province of Alberta unless something more serious happens like killing someone while impaired or 2nd offence. However the consequences ( losing driving privileges, hefty fines ) are similar.

Since it is not a criminal record, will it affect my immigration? Any one had a similar experience?

Everything I worked for my entire life has potentially been ruined by that one night.

I don't expect sympathy; I understand the gravity of my actions and take full responsibility. I'm grappling with the consequences and the impact on my life, expressing sincere remorse for letting myself, my parents, and others down
 

Cynth12345

Newbie
Jan 15, 2022
7
0
Yes it will affect immigration. DUI is a criminal offence in canada.
you need to get a good lawyer who is familiar with criminal and immigration laws .
 
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Reactions: Fuzu

Fuzu

Star Member
Oct 6, 2021
96
1
Yes it will affect immigration. DUI is a criminal offence in canada.
you need to get a good lawyer who is familiar with criminal and immigration laws .

But if you weren’t charged criminal and have no criminal record, it will not. Laws are different across Canada. Some provinces do provincial penalty for impaired driving. A conviction under act of parliament ( criminal code ) is required. Please do not share misinformation





36 (1) A permanent resident or a foreign national is inadmissible on grounds of serious criminality for

  • (a) having been convicted in Canada of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years, or of an offence under an Act of Parliament for which a term of imprisonment of more than six months has been impose
 

Fuzu

Star Member
Oct 6, 2021
96
1
Yes it will affect immigration. DUI is a criminal offence in canada.
you need to get a good lawyer who is familiar with criminal and immigration laws .
but you are partially right. If you get criminal code charge for dui in Canada then you are doomed. For offences outside Canada, a conviction is not required. Just commission can render you inadmissible. But for dui in Canada you have to be charged criminally. However BC Manitoba and alberta does not charge criminally for first offence usually. But other provinces will charge you criminally and if convicted in court you are inadmissible