pipefitter

HIYA MY HUSBAND HAD A DRINK DRIVING BAN IN 2005 WILL THIS STOP US GETTING INTO CANADA WE ARE APPLYING DOWN THE SKILLED WORKER ROUTE HAS HIS JOB IS ON THE LIST?

christmasoompa

Press the caps lock button!!!

Yes, it will affect things. I don't really know much about it, but think he may be inadmissible for entry to Canada until he's applied for criminal rehabilitation which he cannot do until 5 years have passed. How long was he banned for? That may affect things.

Your best bet is to hope Chumley sees this post as she's a bit of an expert having been through it with her hubby.

In the meantime, have a read of this....................http://britishexpats.com/wiki/Crimin...itation-Canada

pipefitter

can he go over on a work permit ?? if he gets a job offer

christmasoompa

No, the same will still apply for any visa for Canada - and I believe he's even inadmissable as a visitor until he's applied for criminal rehab.

christmasoompa

And how long was the ban for? If you can tell us that then it will really help us give you a proper answer.

pipefitter

the ban was for 9 months he got it reduced from 18 months cause he completed a driving course i just spoke to a immigraion solicitor and he says with a job offer you can go over on a temp work permit????

chumley

not good news OP chrismas is absolutley correct

first of all what was the sentence and how long was the ban and was anyone one hurt that will be the starting point

and yes even a weekend break to Niagra is affected Im afraid
and yes it would rule out a work permit

the only option is an for "information only rehab request" or a temp res permit in extreme compelling circumstances

have a read on here loads of posts give us a bit more detail and then we can advise further

chumley

change your immigration lawyer as the information is 100% incorrect Im afriad as unfortunately it often is with these so called experts

can you provide exact dates plus what was his reading? the only way your lawyer could be slightly correct is if he is under the Canadian blood alcholhol limit and even then CHC would have to decide admissability

christmasoompa

Yay, the cavalry's arrived! Was just searching your previous posts with 'DUI' in them for some more info. Thanks for your help with all of this - my only knowledge was from you in the first place!

christmasoompa

He's correct - but not if you have a criminal conviction that you haven't yet got rehabilitation for! Did you tell him that bit? With a job offer and a LMO, most people could go via a TWP, but if you read the link I gave you earlier you'll see CIC's policy on criminal rehabilitation which would make you ineligible for a TWP.

SambaDeAmigo

Another good reason why it's best to ask in this fantastic forum before paying anyone for advice

pipefitter

he was banned in june 05 for 18 month he got that reduced to 9 months he only drove the car 400 yds to garage and got caught no one was hurt he was 1.0 over the limit is there anyway at all we can go with out having to wait till june 2010 to apply???

christmasoompa

Chumley will be able to give you a definite answer but I don't believe so.

But note that it's 5 years from the end of sentence, not from the date of conviction. So if he was banned for 9 months in June 2005, presumably his sentence finished in February 2006 which means you can't apply until February 2011.

pipefitter

thats ages off it will take another 12 months on top of that what is that someone mentioned before about chs

chumley

oh dear he can apply for rehab in March 2011 ie 5 years after the end of his sentance

rehab approval takes 3 months if you are lucky it can be up to a year if the CHC bod who deals with naughty people is on a go slow

so you are looking at June or July of 2011

have you looked at the CIC site and the huge number of posts on here by me and many others?

its heartbreaking I know but so be it

thing is he is going to need police checks and all will be revealed

not that you should ever try to hide anything but if you were never going to apply for PR then some might be tempted

a temp res permit is only given in circumstances eg dying relative in canada, if you are a cancer researcher etc and I know Martha stewart got a temp res permit for canada and I expect michael phelps will ( he had a DUI)

so if your husband walks on water or is worldwide famous then there is a slight chance but for the rest of us its a case of waiting it out

send in an " for inforamtion only" request along with all the details and evidence you have nothing to lose