Planning to marry - DUI problem - Germany/Switzerland to Canada

[Sam0815]

Hi guys,

I like to be prepared and all of this immigration is very complicated.

I've been reading this forum a lot and I couldn't find all the information I need.

My current situation is as follows:

I have met the most beautiful and amazing person and I couldn't be happier. She is the love of my life and I want to spend every day with her for the rest of my life. It was love at first sight and an amazing voyage so far. I have asked her to marry me and she said yes.

I have been looking into express entry to get to canada. I am currently waiting for an invitation as I don't have a job offer yet.

At the same time I have applied for Work&Travel and we are looking into getting married to be together.

Now the problem: I have a DUI charge which happened last year in March, it's only a fine in the country I am residing but apparently it is a bigger problem in Canada as in "criminal offence".

It will be on my police record for the next 5 years but with the possibility to get it expunged in 3 years.

I really don't worry about things like proof of our relationship or my chances of finding a job in Canada. I'm university educated, I have extensive work experience and I speak 3 languages fluently (english/french/german).

I read that a DUI makes you inadmissable to Canada.
So my question is: What are our chances to be together? and how soon is it possible?

I love her so much and want her to live a happy life so if all of this is impossible due to my fuck up, I don't want to marry her and make her chose between me and her career/family. I live a good life in Europe and I only want to move to Canada to be with her.

Please help me.

Sam

 

[zardoz]

Hi guys,

I like to be prepared and all of this immigration is very complicated.

I've been reading this forum a lot and I couldn't find all the information I need.

My current situation is as follows:

I have met the most beautiful and amazing person and I couldn't be happier. She is the love of my life and I want to spend every day with her for the rest of my life. It was love at first sight and an amazing voyage so far. I have asked her to marry me and she said yes.

I have been looking into express entry to get to canada. I am currently waiting for an invitation as I don't have a job offer yet.

At the same time I have applied for Work&Travel and we are looking into getting married to be together.

Now the problem: I have a DUI charge which happened last year in March, it's only a fine in the country I am residing but apparently it is a bigger problem in Canada as in "criminal offence".

It will be on my police record for the next 5 years but with the possibility to get it expunged in 3 years.

I really don't worry about things like proof of our relationship or my chances of finding a job in Canada. I'm university educated, I have extensive work experience and I speak 3 languages fluently (english/french/german).

I read that a DUI makes you inadmissable to Canada.
So my question is: What are our chances to be together? and how soon is it possible?

I love her so much and want her to live a happy life so if all of this is impossible due to my *censored word* up, I don't want to marry her and make her chose between me and her career/family. I live a good life in Europe and I only want to move to Canada to be with her.

Please help me.

Sam

You need to start reading here. http://www.cic.gc.ca/english/information/inadmissibility/conviction.asp
I suspect that you are looking at a minimum of 4 years from now with rehabilitation, so your Express Entry at this point is probably redundant.

The clock for deemed rehabilitation starts only once all of the penalties for an offence have finished, including any probation and is, if I remember correctly, 10 years from then.

The DUI being expunged after 3 years is irrelevant. CIC doesn't recognize this procedure and will treat it as outstanding.

What was the specific impairment due to and at what level were you convicted, as this might make a difference?

 

[Sam0815]

Hi, thanks for your answer.

I was over the BAC of 0.08 and someone crashed into me so I was liable for that property damage.

Is it likely that I might get a TRV ? Temporary visitor visa ? that's up to 3 years I read somewhere. Will I be able to work ?

 

[zardoz]

Hi, thanks for your answer.

I was over the BAC of 0.08 and someone crashed into me so I was liable for that property damage.

Is it likely that I might get a TRV ? Temporary visitor visa ? that's up to 3 years I read somewhere. Will I be able to work ?

You will only be able to request a Temporary Resident Permit, which is discretionary and needs to be justified. http://www.cic.gc.ca/english/information/inadmissibility/permits.asp
Three years is the maximum but it could be for as short as a few days. I don't believe that you can work or study on a TRP. That BAC level is sufficient to confirm inadmissibility.

 

[scylla]

I was over the BAC of 0.08 and someone crashed into me so I was liable for that property damage.

A BAC of 0.08 definitely makes you inadmissible. Agreed with zardoz that you will only qualify to apply for rehabilitation once 5 years have passed since you paid the fines. A TRP is your only option right now (since you are inadmissible you don't qualify for a TRV). A TRP is very far from a sure thing - but by all means give it a try.

Another option (probably more realistic) would be for your fiancee to move to Europe to live with you there until you qualify to apply for rehabilitation. Good luck.

 

[Sam0815]

Thanks for your replies. This sucks. Canadian immigration is very strict I see. I guess it is the only option. Another would be to continue long distance relationship or break it off. I don't want her to pay for my mistake.
the only reason I met her is that incident. Which makes it even more difficult.
just another question. If I wait for 3 years until it gets expunged from my record and I have a clean police certificate again, will they find out of my past?

 

[scylla]

just another question. If I wait for 3 years until it gets expunged from my record and I have a clean police certificate again, will they find out of my past?

Yes - they can still find out. Background checks are run on every applicant beyond what's in the police certificates. If you say you have no record and CIC discovers you do - that's misrepresentation which is a 5 year ban from Canada. You don't want to play that game...

 

[Sam0815]

Ok, I wasn't planning on lying about it. I just didn't know how it works.
Guess there is nothing I can do but wait and see.
Life is cruel that one mistake can lead to such troubles.

Thank you guys.