Husband Convicted with DUI a week after PR Application submisssion

[immigrattles]

SO am canadian by birth . my husband and i met in australia, he moved to canada on temporally visa which allowed him to work .We have 3 children together all of them born in canada. AFter work one friday night he decides to go for a drink . unfortunately it was a bad day so he got pulled over, charged with a DUI and license suspended.He blew over .80. we didnt hire a lawyer as it was very expensive to do so. I just submitted an application to sponsor him so he can stay in Canada permanently. Is the application going to be affected by this?? we have 3 children and if he had to bounce back Australia it would not be any good for me and my 3 kids. Am very worried.

 

[Zarilenth]

I'm not sure if this would help, but I found an old thread with another applicant who was in the same situation (sort of - they are being charged with a DUI outside of Canada) as you. Might be worth a read.

http://www.canadavisa.com/canada-immigration-discussion-board/urgensponsored-spouse-is-being-charged-with-a-dui-outside-of-canada-t137310.0.html

 

[Ponga]

I'm not sure if this would help, but I found an old thread with another applicant who was in the same situation (sort of - they are being charged with a DUI outside of Canada) as you. Might be worth a read.

http://www.canadavisa.com/canada-immigration-discussion-board/urgensponsored-spouse-is-being-charged-with-a-dui-outside-of-canada-t137310.0.html

It sounds like he is In Canada.

I think that this is going to be a big problem as he is now technically inadmissible in Canada...even though he is already in Canada.

You might have little choice but to find a good lawyer.

Good luck!

 

[Zarilenth]

It sounds like he is In Canada.

I think that this is going to be a big problem as he is now technically inadmissible in Canada...even though he is already in Canada.

You might have little choice but to find a good lawyer.

Good luck!

Yeah, I figured the idea would be the same - find a lawyer to get it sorted out!

 

[Ponga]

Even though this happened after you submitted the application, and may not be `seen' by CIC during processing...he has to answer a question when he receives his PR (landing appointment/interview) that asks if he has been charged/convicted of a crime. Unless you get this resolved (someway) he would have to answer truthfully, which would prevent him from getting PR (and likely deported).

It could take a while for this to be resolved, since 5 years have to pass before a person can be considered rehabilitated and allowed to re-enter Canada ( I believe).

You might consider having your husband sponsor you and your children to become Australian PR's (or equivalent), if he is Australian.

The law firm that provides this website offers a free consultation. You might want to give them a call and see what your options really are.

Just click on the canadavisa.com at the top left side of this page, to find their contact info.

 

[Graihn]

Bad day for you, good day for the innocent pedestrians he didn't run over.

 

[taffy7]

Bad day for you, good day for the innocent pedestrians he didn't run over.

She didn't ask you to judge just to help .. I understand your feelings on this subject,but people makes mistakes. She is absolutely devastated right now.

 

[scylla]

Regardless of the cost, you need to hire a good lawyer to get the DUI charges dropped and plead to a lesser charge. If he gets charged with the DUI (or while the charges are pending) he is inadmissible to Canada and can't become a PR for 5 years from the time he completed his sentence / penalty for the DUI. This is a very serious problem and you need to treat it as such. Submitting a sponsorship application will not override the fact he is inadmissible to Canada. Get a lawyer now.

If he has already been convicted then you should start planning to spend the next several years in Australia if you want to stay together.

 

[taffy7]

Regardless of the cost, you need to hire a good lawyer to get the DUI charges dropped and plead to a lesser charge. If he gets charged with the DUI (or while the charges are pending) he is inadmissible to Canada and can't become a PR for 5 years from the time he completed his sentence / penalty for the DUI. This is a very serious problem and you need to treat it as such. Submitting a sponsorship application will not override the fact he is inadmissible to Canada. Get a lawyer now.

If he has already been convicted then you should start planning to spend the next several years in Australia if you want to stay together.

Nice response Scylla ..Good advice as always .

 

[bartjones]

Regardless of the cost, you need to hire a good lawyer to get the DUI charges dropped and plead to a lesser charge. If he gets charged with the DUI (or while the charges are pending) he is inadmissible to Canada and can't become a PR for 5 years from the time he completed his sentence / penalty for the DUI. This is a very serious problem and you need to treat it as such. Submitting a sponsorship application will not override the fact he is inadmissible to Canada. Get a lawyer now.

If he has already been convicted then you should start planning to spend the next several years in Australia if you want to stay together.

I agree. You need to see a lawyer of some sort, pronto.

I'm wondering a few things. First, If he has a settled Canadian family of four to support, can't he apply for a TRP? Also, when his PR app is rejected, can't he appeal on H&C grounds and be granted PR before he's eligible for criminal rehabilitation?

The other thing I thought the OP might consider is advising CIC immediately of the charge or conviction herself, before they find out for themselves (and they most certainly will), so as to avoid an allegation of misrepresentation?

 

[Ponga]

I agree. You need to see a lawyer of some sort, pronto.

I'm wondering a few things. First, If he has a settled Canadian family of four to support, can't he apply for a TRP? Also, when his PR app is rejected, can't he appeal on H&C grounds and be granted PR before he's eligible for criminal rehabilitation?

The other thing I thought the OP might consider is advising CIC immediately of the charge or conviction herself, before they find out for themselves (and they most certainly will), so as to avoid an allegation of misrepresentation?

I believe that since this happened after the application was submitted, it wouldn't be seen as misrepresentation...because when it was mailed, he hadn't been issued a DUI.

 

[bartjones]

I believe that since this happened after the application was submitted, it wouldn't be seen as misrepresentation...because when it was mailed, he hadn't been issued a DUI.

Agreed, but I believe the obligation to make full disclosure of information, particularly information relating to criminality, is ongoing throughout the application process. So, if CIC finds out about it before she tells them, it can be seen as a misrepresentation, hence my suggestion that she notify them ASAP. Anyway, as many others have said, a lawyer would be the best guy to plan a strategy for her at this point.

 

[Ponga]

I concur; telling them now would be advisable.

FWIW, he would have to disclose it at the landing appointment/interview when asked if he had committed a crime, or been charged.

I wonder what lesser charge the lawyer could negotiate this down to, if at all?

 

[bartjones]

I concur; telling them now would be advisable.

FWIW, he would have to disclose it at the landing appointment/interview when asked if he had committed a crime, or been charged.

I wonder what lesser charge the lawyer could negotiate this down to, if at all?

I doubt any lawyer could negotiate an impaired driving charge down to something non-criminal, so he would probably still end up with some sort of criminal conviction. Although I think having a lawyer represent you on a DUI is a good idea, long term, the immigration implications presented by the DUI probably carry more damage potential for the OP and her family so she'd should get to an immigration lawyer soon.

 

[SenoritaBella]

The OP should speak to an immigration lawyer first and seek advice including whether she is required to notify CIC.

The lawyer could try to argue it`s a first offense, mention possible implications on immigration application, etc but no guarantee the Judge and/or Crown will accept. This is why legal advice from a very good criminal lawyer AND immigration lawyer is important.

I concur; telling them now would be advisable.

FWIW, he would have to disclose it at the landing appointment/interview when asked if he had committed a crime, or been charged.

I wonder what lesser charge the lawyer could negotiate this down to, if at all?