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DUI in Canada as PR with pending citizenship application

DUI in Canada as PR with pending citizenship application

Old Jul 3rd 2021, 4:52 pm
  #1  
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Default DUI in Canada as PR with pending citizenship application

Hi Everyone

A friend of mine has recently been charged with two DUI offences (not sure how this works but he got a DUI and then got tested a few hours later and received another one, which I think is something to do with determining how much over the limit he was - he was way over). He is currently in Canada on a PR visa with a pending citizenship application. I'm trying to figure out what his options are and how I can help him.

Some background .... he married a Canadian girl in Scotland sometime around 2007 before they both moved to Canada in 2008. He's always been a heavy drinker, but has always been functional and maintained a good standard of living. However things took a turn in the last couple of years. He's now going through a divorce, has had his house repossessed, is heavily in debt, has been fired from his job, burned bridges with previous employers and has turned down help from his friends. He's been given opportunities for work (he's extremely intelligent with much sought after skills), has had the opportunity to go to a rehab facility on company health insurance (which he's now been fired from), but has turned it down each time. He's been in hospital multiple times after being found at home in pools of blood and now suffers from grand mal seizures, as well as having developed legions on his brain. For whatever reason, he's not accepting help. He's due to receive a large of amount $$$$ from the sale of a company, which considering his situation, is an opportunity for him to turn this around (something that most people probably wouldn't get), but he could just as easily f**k this up big time as well. His sister from England is now here and spending a few months with him, so I'm really hoping that this can make a difference. I'm not sure if all that is relevant, but I guess I'm also putting it out there to see if anyone has any advice on how to deal with a person like this. I'm struggling to understand how to help someone that doesn't seem to want to be helped. It's just so sad and frustrating to witness. I wish I knew what to do.

Earlier this year he crashed his car and caused property damage, then walked home (fleeing the scene). He was charged with the two DUIs, but was not charged for fleeing the scene of an accident (not sure why). He missed his first court case (was too drunk to go), then went to his second hearing drunk and the judge sent him home. He's pleaded guilty and now awaits sentencing in September. Now we're not really sure what will happen to him or what the best outcome is. Since bill C-46, it seems there's a high change he'll be deported, go to prison or be given a large fine.

Despite causing much grief over the last couple of years, he still has friends that care for him and want to try and do what's best for him. We're now looking at the potential future scenarios and trying to figuring out what we can do. I really wish he hadn't procrastinated on applying for his citizenship, he could have had it by now.

Does anyone know what the likely outcome will be? Will this affect his citizenship application?

Thanks.


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Old Jul 3rd 2021, 5:06 pm
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Default Re: DUI in Canada as PR with pending citizenship application

Once sentenced then it will all depend on what CBSA does next or if in fact CBSA find out about the conviction which is unlikely. They will probably send him a letter requesting him to attend an interview and be asked to provide written submissions as to why a report should not be written for his conviction. If CBSA do report him then he will be subject to an Admissibility Hearing. Dependent on his sentence this will determine if he has a right of appeal after the Admissibility Hearing. He will be issued a Deportation Order. That is not to say he will actually be deported although likely there are other options available to him however he will need a lawyer which normally won't be cheap.

At the moment too many what ifs and buts but in my experience he is looking at being deported. This is what happens when PR's don't get citizenship and an application in process won't help either.

I suggest he consults with a lawyer as he has plead guilty and now it is just the sentencing phase.
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Old Jul 4th 2021, 6:04 am
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Default Re: DUI in Canada as PR with pending citizenship application

Hi

Originally Posted by Former Lancastrian View Post
Once sentenced then it will all depend on what CBSA does next or if in fact CBSA find out about the conviction which is unlikely. They will probably send him a letter requesting him to attend an interview and be asked to provide written submissions as to why a report should not be written for his conviction. If CBSA do report him then he will be subject to an Admissibility Hearing. Dependent on his sentence this will determine if he has a right of appeal after the Admissibility Hearing. He will be issued a Deportation Order. That is not to say he will actually be deported although likely there are other options available to him however he will need a lawyer which normally won't be cheap.

At the moment too many what ifs and buts but in my experience he is looking at being deported. This is what happens when PR's don't get citizenship and an application in process won't help either.

I suggest he consults with a lawyer as he has plead guilty and now it is just the sentencing phase.
1, Should also be noted that he has to inform CIC of his conviction as he is no longer eligible for citizenship,
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Old Jul 4th 2021, 1:24 pm
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Default Re: DUI in Canada as PR with pending citizenship application

Thanks, appreciate the replies.
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