In Canada On IEC Work permit, found I'm inadmissible, want to extend

[Riley hie]

Im going to try and keep this as short as possible so I can get some guidance.

I've been in Canada for almost 2 years on an IEC work permit.

When I was in Australia I applied for IEC, and was approved April 15th, 2016. I sent my police check in for this application.

1 month later while still in Australia I was charge with mid range drink driving (May 11th, 2016)

Unaware this charge makes me inadmissible I traveled to Canada and was let in for 2 years.

It was only a month ago (May 2018) when my Canadian girlfriend and I went to apply for sponsorship that we found I was in fact inadmissible due to my charge

I'm absolutely devastated and scared.

My visa is expiring in 2 months and I want to stay in Canada for 6 more months so my girlfriend can have one last Christmas with her family before we relocate to Australia so I can eventually apply for rehabilitation.

I want the Canadian authorities to know I have a drink driving charge, I do not want to misrepresent.

I have no idea what I can apply for so I can have implied status and potentially stay for 6 more months.

Do I extend my visa as a visitor? ( Change of conditions) Will they process it to a inadmissible permit?

Do I apply for a resident permit (inadmissable), and does this give me implied status pass my visa.

I'm absolutely terrified with this situation, I would appreciate the help.

 

[scylla]

What was your BAC (blood alcohol level)?

What fine / punishment / license suspension did you receive and when did you complete it or pay the fine?

 

[Riley hie]

What was your BAC (blood alcohol level)?

What fine / punishment / license suspension did you receive and when did you complete it or pay the fine?

BAC was 0.113

Punishment: $750 fine and 7 months disqualification

 

[scylla]

BAC was 0.113

Punishment: $750 fine and 7 months disqualification

OK - that definitely means you're inadmissible unfortunately.

Your only option for remaining in Canada is a TRP (temporary resident permit) - note this is something different than a TRV. You'll need to stop working as soon as your IEC expires. No point applying for spousal sponsorship - it will be refused or returned since you are inadmissible. You'll need to submit a rehab application and have that approved before a spousal sponsorship application can be approved.

As for rehabilitation - you don't qualify at this time. You'll have to wait until five years have passed from the time you paid the fine and completed the 7 month license suspension before you'll qualify to apply for rehab. So it sounds like that puts you somewhere in late 2021 or early 2022 before you can qualify for rehab. Until then, the TRP is your only option for remaining or coming to Canada.

Not really possible for any of us to say if a TRP will be approved in your case. You should have a plan B in the even you have to leave Canada and are unable to return until 2022 (i.e. having your partner move with you to Australia instead).

Good luck.

 

[Riley hie]

OK - that definitely means you're inadmissible unfortunately.

Your only option for remaining in Canada is a TRP (temporary resident permit) - note this is something different than a TRV. You'll need to stop working as soon as your IEC expires. No point applying for spousal sponsorship - it will be refused or returned since you are inadmissible. You'll need to submit a rehab application and have that approved before a spousal sponsorship application can be approved.

As for rehabilitation - you don't qualify at this time. You'll have to wait until five years have passed from the time you paid the fine and completed the 7 month license suspension before you'll qualify to apply for rehab. So it sounds like that puts you somewhere in late 2021 or early 2022 before you can qualify for rehab. Until then, the TRP is your only option for remaining or coming to Canada.

Not really possible for any of us to say if a TRP will be approved in your case. You should have a plan B in the even you have to leave Canada and are unable to return until 2022 (i.e. having your partner move with you to Australia instead).

Good luck.

Yes we've come to the conclusion that we need to move back to Australia for a number of years before I can apply for rehab.

I want to know if I apply for a TRP will I have implied status once my IEC expires until I get a decision. I don't want to make the situation any worse.

 

[James_NZ1]

After you got your IEC and where charged with a criminal offence you didn't mention this to IRCC. Part of the conditions of your Visa are that you must notify them if your situation/s have changed. In this case your situation changed and you failed to mention this to them. In their eyes this could be seen as misrepresentation and they will not take this lightly - you could be banned from Canada for two years - it could also affect your application for PR further down the track.

I would suggest when you return to Australia and prepare for PR application you discuss your situation with a Canadian Immigration Lawyer

You can also talk to a immigration lawyer now to see if a TRP will be permitted . They are the experts and deal with these types of situations daily

 

[zardoz]

Yes we've come to the conclusion that we need to move back to Australia for a number of years before I can apply for rehab.

I want to know if I apply for a TRP will I have implied status once my IEC expires until I get a decision. I don't want to make the situation any worse.

I don't believe that a TRP application offers implied status, as it is not an application to extend the existing visa. It's a completely different application type.