Husband Convicted with DUI a week after PR Application submisssion

[taffy7]

What we don't know is which province this took place,Each province have different rules.Over.08.is a criminal offence in Ontario can't speak for other provinces . The only way he has a chance of getting this lowered is if the officer didn't give him a second breathalyzer to confirm he was over the .08.

He could wait up to 1 year for his trial to go to court . He was charged but not convicted. As others have said a good lawyer is needed.

 

[bartjones]

What we don't know is which province this took place,Each province have different rules.Over.08.is a criminal offence in Ontario can't speak for other provinces . The only way he has a chance of getting this lowered is if the officer didn't give him a second breathalyzer to confirm he was over the .08.

He could wait up to 1 year for his trial to go to court . He was charged but not convicted. As others have said a good lawyer is needed.

It's .08 in every province.

 

[taffy7]

It's .08 in every province.

Really i wasn't sure . I am feeling very fortunate at the moment even though my husband is not with me yet. I Can't imagine what this women is going through.

 

[bartjones]

Really i wasn't sure . I am feeling very fortunate at the moment even though my husband is not with me yet. I Can't imagine what this women is going through.

Agreed, it's a real shame. I've been going through a similar situation with my wife, though her DUI conviction was old and from another country. She had to leave Canada as a result. It was very difficult, though it looks like I'll be getting her back this week.

 

[tink23]

A lawyer may be able to get the charge down to dangerous driving, which would then make him not Inadmissible

 

[bartjones]

A lawyer may be able to get the charge down to dangerous driving, which would then make him not Inadmissible

That's still a Criminal Code offence ( section 249), so he'd still have the inadmissibility issue.

 

[taffy7]

Agreed, it's a real shame. I've been going through a similar situation with my wife, though her DUI conviction was old and from another country. She had to leave Canada as a result. It was very difficult, though it looks like I'll be getting her back this week.

Hope you got your wife back this week ;D

 

[bartjones]

Nope, and no idea now when that might happen. What I was told by one CIC officer on Monday is the complete opposite of what I was told today by someone else at the same CIC office. :

 

[automaton82]

The title of this thread is "convicted with a DUI", but the actual post only indicates he was charged.

Just to be clear (and I may be mistaken), but I don't think CIC looks at what you've been charged with, only with what you've been convicted of. Assuming this case is ongoing, if he got PR before the court date (for conviction for DUI or a lesser charge), it might technically be OK.

This is sort of the same thing that happens when (for example) you renew your insurance with a traffic charge pending. It's not taken into consideration until it's actually a conviction (because of course you might be innocent! that's the whole point of the judicial system).

 

[Rob_TO]

Just to be clear (and I may be mistaken), but I don't think CIC looks at what you've been charged with, only with what you've been convicted of.

Question 6b from Schedule A Background form:
been convicted of, or are currently charged with, on trial for, or party to a crime or offence, or subject of any criminal proceedings in any other country

So CIC is interested about just charges also, no matter if you have yet to be found guilty or innocent of anything. Depending on the situation, they may decide to delay the application until a verdict is reached and criminal case is concluded.

 

[zardoz]

I may be wrong but I think that 6(a) is for in Canada and 6(b) is for not in Canada. There is a slight difference between the two.

 

[Rob_TO]

I may be wrong but I think that 6(a) is for in Canada and 6(b) is for not in Canada. There is a slight difference between the two.

Yes, 6a just asks for convictions only within Canada. But my point is, in general they are sometimes interested in just charges or ongoing proceedings. Perhaps in doing their own police checks within Canada, they can see for themselves if any charges are ongoing.
I'd have to imagine if say an applicant was currently on trial for murder or something, they would not be granted PR during the trial just because no conviction was done yet. Though I could be wrong...

 

[zardoz]

Yes, 6a just asks for convictions only within Canada. But my point is, in general they are sometimes interested in just charges or ongoing proceedings. Perhaps in doing their own police checks within Canada, they can see for themselves if any charges are ongoing.
I'd have to imagine if say an applicant was currently on trial for murder or something, they would not be granted PR during the trial just because no conviction was done yet. Though I could be wrong...

That would be my assumption.. They should have access to any internal information, hence the lack of a specific question in 6(a). However, you need to reference http://www.cic.gc.ca/english/resources/manuals/enf/enf02-eng.pdf - Section 3 (specifically 3.2 thru 3.5) for clarification of this whole area. Makes for interesting reading.