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DUI charges on PNP – Letter to leave -URGENT

DUI charges on PNP – Letter to leave -URGENT

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Old Oct 18th 2013, 5:24 am
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Question DUI charges on PNP – Letter to leave -URGENT

I’m writing about my friend who called me today with this horrible news. I don’t know all the exact details but I think the general situation should be enough.

My friend, her husband and her 2 kids came on working visa and applied for PNP program and everything approved. He has a steady job with 60h a week, paying all the taxes and basically start to settle down in Canada.

Then they sent their application for Permanent Resident and the whole processes started. Unfortunately one day he decides to have few drinks after work and drive himself home. He got catch. He was coveted, had to pay fine and got his license suspended. All this was reported to the immigration of course.

This year in May they receive medical request, which they did. And of course assumed that the process is going fine. Yesterday they got request to come to local immigration office. At the interview they receive the letter that the DUI charge is a serious crime and they have 30 day to live Canada.

She was crying all day so I decided to find some info for her.

Is there any chance to fix this and how?

Is there any good lawyer in Edmonton,AB (where we live) that may help them?

Any advice would be appreciated.
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Old Oct 18th 2013, 6:24 am
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Default Re: DUI charges on PNP – Letter to leave -URGENT

Originally Posted by katelance
I’m writing about my friend who called me today with this horrible news. I don’t know all the exact details but I think the general situation should be enough.

My friend, her husband and her 2 kids came on working visa and applied for PNP program and everything approved. He has a steady job with 60h a week, paying all the taxes and basically start to settle down in Canada.

Then they sent their application for Permanent Resident and the whole processes started. Unfortunately one day he decides to have few drinks after work and drive himself home. He got catch. He was coveted, had to pay fine and got his license suspended. All this was reported to the immigration of course.

This year in May they receive medical request, which they did. And of course assumed that the process is going fine. Yesterday they got request to come to local immigration office. At the interview they receive the letter that the DUI charge is a serious crime and they have 30 day to live Canada.

She was crying all day so I decided to find some info for her.

Is there any chance to fix this and how?

Is there any good lawyer in Edmonton,AB (where we live) that may help them?

Any advice would be appreciated.
It is a hybrid offence but unfortunately treated as an indictable offence under the regulations for Immigration and as such makes him inadmissible to Canada.

I can only suggest they see an Immigration Lawyer who may be able to advise if it would be possible to see if they could apply under Humanitarian or Compassionate grounds to overcome it. Have they been given any information about an admissibility hearing?

If it isn't possible I am afraid they will have little choice but to leave.

It is really imperative that they seek legal help as soon as possible.

This is a list of Immigration Lawyers in your area, however, hopefully someone can refer you to one who they can recommend.

http://www.lawyernetwork.ca/canada/a...ration-lawyers
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Old Oct 19th 2013, 9:39 am
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Default Re: DUI charges on PNP – Letter to leave -URGENT

Out of interest what is the process if a PR is pulled for DUI? Not that I know anyone that has been pulled
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Old Oct 19th 2013, 2:39 pm
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Default Re: DUI charges on PNP – Letter to leave -URGENT

Originally Posted by james.mc
Out of interest what is the process if a PR is pulled for DUI? Not that I know anyone that has been pulled
Well if a PR was convicted in Canada of DUI and received 7 months imprisonment and CBSA were notified then a DEPORTATION order could be applied for with no right of appeal and the person removed back to their country of citizenship.
Sentence for a DUI is no more than 5 years imprisonment when convicted on indictment as per section 255 (1) (b) of the Criminal Code of Canada.

Just hope for a lenient magistrate or judge
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Old Oct 19th 2013, 10:55 pm
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Default Re: DUI charges on PNP – Letter to leave -URGENT

Originally Posted by Siouxie
If it isn't possible I am afraid they will have little choice but to leave.
Only he has to leave, she and the kids can stay I believe. How many years have we had drink driving laws? Still there are idiots who drink and drive and think they can get away with it.
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Old Oct 20th 2013, 12:03 am
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Default Re: DUI charges on PNP – Letter to leave -URGENT

Hi


Originally Posted by Aviator
Only he has to leave, she and the kids can stay I believe. How many years have we had drink driving laws? Still there are idiots who drink and drive and think they can get away with it.
Nope, one member of the family is inadmissible, the whole family is inadmissible.
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Old Oct 20th 2013, 12:35 pm
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Default Re: DUI charges on PNP – Letter to leave -URGENT

Originally Posted by Aviator
Only he has to leave, she and the kids can stay I believe. How many years have we had drink driving laws? Still there are idiots who drink and drive and think they can get away with it.
Yep!

RCMP officer guilty of drunk driving gets curative discharge

Councillor Ana Bailao pleads guilty to driving over the legal limit

Quebec politician busted for third DUI in three years

.....and a bit of interesting reading from years back.
DUI Stops Bush From Freely Entering Canada

Last edited by james.mc; Oct 20th 2013 at 12:39 pm.
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Old Oct 20th 2013, 2:37 pm
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Default Re: DUI charges on PNP – Letter to leave -URGENT

http://www.cbc.ca/news/world/b-c-pre...iving-1.395741
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Old Oct 21st 2013, 5:43 pm
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Default Re: DUI charges on PNP – Letter to leave -URGENT

OP, would you let us know what happens or what the immigration lawyer says? Just out of interest.

Thx.
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