My Spouse's visit visa got rejected due to his DUI in New Zealand.

[Jags0211]

I have PR since Oct 2018 and got married in India in April 2019. I applied for my husband's visitor visa as PR would take time, i wanted him to come and visit me here. But it got rejected because he has a DUI in New Zealand. His license was suspended in New Zealand for 6 months along with usual fine. Both Fine and 6 months suspension is over.

I am trying multiple lawyers to find out if there is a way for my husband to travel here. I feel and think that his PR would also get rejected due to the same reason.
I am not sure what to do next and how to proceed with this. Should I apply his Visitor's visit again with proper answers/reasons for the rejection Or Is there any other process through which he can atleast visit me here in canada.

Any help is highly appreciated.

Thanks.

 

[21Goose]

If the DUI was less than five years ago, you cannot apply for criminal rehabilitation and all applications will be denied.

If it's been five years since he completed the sentence, then read this guide and follow the process for criminal rehabilitation.

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5312-rehabilitation-persons-inadmissible-canada-past-criminal-activity.html

 

[scylla]

I have PR since Oct 2018 and got married in India in April 2019. I applied for my husband's visitor visa as PR would take time, i wanted him to come and visit me here. But it got rejected because he has a DUI in New Zealand. His license was suspended in New Zealand for 6 months along with usual fine. Both Fine and 6 months suspension is over.

I am trying multiple lawyers to find out if there is a way for my husband to travel here. I feel and think that his PR would also get rejected due to the same reason.
I am not sure what to do next and how to proceed with this. Should I apply his Visitor's visit again with proper answers/reasons for the rejection Or Is there any other process through which he can atleast visit me here in canada.

Any help is highly appreciated.

Thanks.

When did your husband finish his 6 month probation? Count ahead 5 years from that date and that's the earliest he can apply for rehabilitation. Until rehabilitation is approved, he is inadmissible to Canada - meaning he cannot enter Canada. This means that a visitor visa will not be approved - same goes for PR.

There is no point applying for another TRV, there is zero chance it will be approved. Again, same goes for PR.

If it's been 5 or more years since your husband completed probation, he should apply for rehabilitation. The rehabilitation application can take anywhere from a few months to over a year to be approved.

If it has not been 5 years since he finished probation, his only option for coming to Canada is a special permit called a TRP (temporary resident permit) - this is specifically for individuals who are inadmissible. Very hard to say if that will be approved or not.

 

[canuck78]

On top of that spouses of PRs are rarely approved for TRVs,

 

[garrydavis9700]

When did your husband finish his 6 month probation? Count ahead 5 years from that date and that's the earliest he can apply for rehabilitation. Until rehabilitation is approved, he is inadmissible to Canada - meaning he cannot enter Canada. This means that a visitor visa will not be approved - same goes for PR.

There is no point applying for another TRV, there is zero chance it will be approved. Again, same goes for PR.

If it's been 5 or more years since your husband completed probation, he should apply for rehabilitation. The rehabilitation application can take anywhere from a few months to over a year to be approved.

If it has not been 5 years since he finished probation, his only option for coming to Canada is a special permit called a TRP (temporary resident permit) - this is specifically for individuals who are inadmissible. Very hard to say if that will be approved or not.

Hi,

I need some information and will really appreciate your time and knowledge, so my question is if there is disqualification of drivers license for 6 month and $600 fine one will be eligible to apply for criminal rehabilitation after the 6 month disqualification period was over or the license was reinstated but what about the monetary fine if that was paid in instalments will the 5 year wait period for criminal rehabilitation eligibility starts after the last payment for monetary fine was made or still able to apply one driving probation was over? Really confused about it because on ircc website the senario which explains driving convictions has no explanation regarding monetary fine just disqualification is mentioned but my sentence was combination of both disqualification for 6 month and 600 fine.
Thanks

 

[garrydavis9700]

On top of that spouses of PRs are rarely approved for TRVs,

I need some information and will really appreciate your time and knowledge, so my question is if there is disqualification of drivers license for 6 month and $600 fine one will be eligible to apply for criminal rehabilitation after the 6 month disqualification period was over or the license was reinstated but what about the monetary fine if that was paid in instalments will the 5 year wait period for criminal rehabilitation eligibility starts after the last payment for monetary fine was made or still able to apply one driving probation was over? Really confused about it because on ircc website the senario which explains driving convictions has no explanation regarding monetary fine just disqualification is mentioned but my sentence was combination of both disqualification for 6 month and 600 fine.
Thanks

 

[scylla]

Hi,

I need some information and will really appreciate your time and knowledge, so my question is if there is disqualification of drivers license for 6 month and $600 fine one will be eligible to apply for criminal rehabilitation after the 6 month disqualification period was over or the license was reinstated but what about the monetary fine if that was paid in instalments will the 5 year wait period for criminal rehabilitation eligibility starts after the last payment for monetary fine was made or still able to apply one driving probation was over? Really confused about it because on ircc website the senario which explains driving convictions has no explanation regarding monetary fine just disqualification is mentioned but my sentence was combination of both disqualification for 6 month and 600 fine.
Thanks

The 5 year rehabilitation clock generally only starts once all probation is completed and all fines are fully paid.

 

[garrydavis9700]

Hi, I really appreciate everyone for sharing your time and expertise.I am in doubt if my conviction will fall under which category as per ircc examples.
Conviction was 6 months disqualification for diving and $600 fine.
Does this falls under the category of
1-Suspended sentence with fine or
2- Driving Probation

As the difference it makes to me is if it falls under the category 1-suspended sentence with fine then I will have to wait to apply for rehabilitation in June 2024 if falls 2- driving probation then I can try in Oct 2022 with reference to CALCULATING 5 years mentioned just above the examples on ircc website, quite confused with two titles first one suspended sentence with fine and second one driving probation as both means different outcome to my eligibility timeline.My sincere apologies for bringing this up again as under alot of stress and unable to decide, just digging and researching every other day trying to find a way out. Thanks in advance.

 

[scylla]

Hi, I really appreciate everyone for sharing your time and expertise.I am in doubt if my conviction will fall under which category as per ircc examples.
Conviction was 6 months disqualification for diving and $600 fine.
Does this falls under the category of
1-Suspended sentence with fine or
2- Driving Probation

As the difference it makes to me is if it falls under the category 1-suspended sentence with fine then I will have to wait to apply for rehabilitation in June 2024 if falls 2- driving probation then I can try in Oct 2022 with reference to CALCULATING 5 years mentioned just above the examples on ircc website, quite confused with two titles first one suspended sentence with fine and second one driving probation as both means different outcome to my eligibility timeline.My sincere apologies for bringing this up again as under alot of stress and unable to decide, just digging and researching every other day trying to find a way out. Thanks in advance.

Hopefully I have understood your question correctly.

You would start calculating the five years after you complete the 6 months disqualification for driving. See the example on the IRCC web site:

Example 2: On June 3, 2003, I was convicted of driving under the influence and had my driver’s licence taken away from me for three (3) years. When am I eligible to apply for rehabilitation?

The sentence imposed ends on June 3, 2006. Count five (5) years from the end date of the suspension or the date your driver’s licence is reinstated. You will be eligible to apply for rehabilitation on June 3, 2011.

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5312-rehabilitation-persons-inadmissible-canada-past-criminal-activity.html

 

[scylla]

Hi, I really appreciate everyone for sharing your time and expertise.I am in doubt if my conviction will fall under which category as per ircc examples.
Conviction was 6 months disqualification for diving and $600 fine.
Does this falls under the category of
1-Suspended sentence with fine or
2- Driving Probation

As the difference it makes to me is if it falls under the category 1-suspended sentence with fine then I will have to wait to apply for rehabilitation in June 2024 if falls 2- driving probation then I can try in Oct 2022 with reference to CALCULATING 5 years mentioned just above the examples on ircc website, quite confused with two titles first one suspended sentence with fine and second one driving probation as both means different outcome to my eligibility timeline.My sincere apologies for bringing this up again as under alot of stress and unable to decide, just digging and researching every other day trying to find a way out. Thanks in advance.

And just to add an important point to my post above, I'm assuming you paid the full $600 fine before you finished the 6 month disqualification for driving. If you didn't finish paying the $600 fine until after the disqualification ended, then your 5 years starts from whenever you paid the final instalment of the fine. Basically you start counting the five years from the day you have completed ALL penalties (fines, probations, license suspensions, etc.).

 

[garrydavis9700]

Yes but the disqualification ended on oct 2017 but fine last instalment paid on june 2019, so if I calculate my time with reference to Suspended sentence with fine 5 yeas will be in june 2024 but if i count my time in reference to driving probation it will be oct 2022. There is no clear explanation for this. As suspended with fine and driving probation are two different things both mentioned on ircc website.

 

[Bornlucky]

Hi, I really appreciate everyone for sharing your time and expertise.I am in doubt if my conviction will fall under which category as per ircc examples.
Conviction was 6 months disqualification for diving and $600 fine.
Does this falls under the category of
1-Suspended sentence with fine or
2- Driving Probation

As the difference it makes to me is if it falls under the category 1-suspended sentence with fine then I will have to wait to apply for rehabilitation in June 2024 if falls 2- driving probation then I can try in Oct 2022 with reference to CALCULATING 5 years mentioned just above the examples on ircc website, quite confused with two titles first one suspended sentence with fine and second one driving probation as both means different outcome to my eligibility timeline.My sincere apologies for bringing this up again as under alot of stress and unable to decide, just digging and researching every other day trying to find a way out. Thanks in advance.

Hi - do you know what the reading was of your alcohol test? Canada is .08 and it looks like NZ is .05 (I haven't thoroughly looked but that's what I saw online).

For something to be a criminal inadmissibility in Canada it has to equate with the Canada Criminal Code. If you blew .07, for example, then this offence would not equate to the CCC. If you blew .08 or higher then it would.

This is my memory of how criminal equations work, and if things have changed then pardon me.

 

[scylla]

Yes but the disqualification ended on oct 2017 but fine last instalment paid on june 2019, so if I calculate my time with reference to Suspended sentence with fine 5 yeas will be in june 2024 but if i count my time in reference to driving probation it will be oct 2022. There is no clear explanation for this. As suspended with fine and driving probation are two different things both mentioned on ircc website.

You calculate from 2019 when you paid the last instalment of the fine.

 

[garrydavis9700]

Thanks for the information, highly appreciated.

 

[Navneetk_18]

When we should apply for rehabilitation application before applying for Sponsorship application or first Submit the Sponsorship application then officer will Request for rehabilitation application as my lawyer said.