Permanent Residency - Criminal inadmissibility

[snowmatze]

Hi!

I have received and invitation to apply for PR. Here's my problem: I was convicted of a DWI in Texas almost 10 years ago (9 years and a few months). I read that after 10 years I'm considered rehabilitated but under 10 years I have to apply for rehabilitation. Can I do this while I apply for PR? Does it have to be before I apply (then it would be too late for me I guess). Or will the application process take long enough so that I will be deemed rehabilitated by the time the application is finalized?
Does anybody have some advice? Please help!

Thanks very much!!

M

 

[kryt0n]

You have to do it before you apply. It can take a year or so to get the rehabilitation certificate.

 

[kryt0n]

http://www.cic.gc.ca/english/information/applications/guides/5312ETOC.asp

 

[snowmatze]

So just to make sure, I *cannot* proceed with the application now? will the PR be automatically refused? Does that mean I have to do another EE application and once the 10 years are over I am deemed rehabilitated without doing anything else about it?

 

[kryt0n]

"Convictions / offences outside Canada

If you were convicted of or committed a criminal offence outside Canada, you may overcome this criminal inadmissibility

- by applying for rehabilitation, or
- you may be deemed to have been rehabilitated if at least ten years have passed since you completed the sentence imposed upon you, or since you committed the offence, if the offence is one that would, in Canada, be an indictable offence punishable by a maximum term of imprisonment of less than ten years."


If you read the link I put up you may have to apply for a rehabilitation certificate. You're eligible to apply for that 5 years after you have finished your conviction/fine.

"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."

 

[snowmatze]

"....you may be deemed to have been rehabilitated..."
Does anyone know if this is what happens with a DWI after 10 years or not? May or may not happen doesn't really help when I have to pay C$ 550 or more to give it a try....

 

[kryt0n]

"....you may be deemed to have been rehabilitated..."
Does anyone know if this is what happens with a DWI after 10 years or not? May or may not happen doesn't really help when I have to pay C$ 550 or more to give it a try....

When you got your DUI what were your penalties? Banned for a year of driving? 1 year suspended?

 

[snowmatze]

It was suspended for 180 days from Feb 2008. So the ten years are only up after August 2018? Or 10 years after conviction?

 

[kryt0n]

It was suspended for 180 days from Feb 2008. So the ten years are only up after August 2018? Or 10 years after conviction?

- you may be deemed to have been rehabilitated if at least ten years have passed since you completed the sentence imposed upon you, or since you committed the offence, if the offence is one that would, in Canada, be an indictable offence punishable by a maximum term of imprisonment of less than ten years."