huwliddell

Hi everyone

Ok , I am currently living in Calgary through my UK passport. My girlfriend is canadian, we have been together 2 years ( living) and decided to come back to Canada because she couldn't put up with the UK anymore! I am a Business Analyst ( which they're in need of in Calgary). My girlfriend ha found work and in a full time job. We have the money behind us for support. I am going to apply for PR under common law partner status although I do have a DUI which ends in November although I have taken a Rehabilitation Course and succesfully passed. Due to this we were thinking of speaking to a lawyer.
What are your thoughts ? should we be ok as we are in canada already ?

Thanks
Huw

Andrew Miller

What you mean by "DUI which ends in November"?

Where you are is irrelevant.

huwliddell

I meant that my driving ban is up in November. And before anyone judges me , I was just over the limit due to drinking the night before ! which is now an automatic ban in the UK.

leecyndisanders

Not judging you at all, but what difference does it make that it was the day after. Too many people seem to consider that an excuse. That aside a lawyer won't be able to to make the fact you had a ban dissapear. You may find that you have to wait before applying. I'm not sure how it works now but a friend had a driving ban back in 94 and had to wait a few years, however now with the rehabillitation of offenders act you may be ok.

chumley

you best hightail it back to the uk and quick if you dont want to ruin your chances of pr
you are inadmissable and will be for another 4 years do a search for criminal convictions on here
good luck

chumley

sorry its 5 years in fact just over you can apply for rehab in novemeber 2013

Andrew Miller

As others stated already you are criminally inadmissible to Canada and will be eligible to apply for Criminal Rehabilitation after 5 years pass from the completion of imposed sentence.

Ron Liberman

Yes, he is inadmissible, and it would be to his advantage to go home now.

What I suggest after that however, is to consider submitting a sponsorship application with a properly-documneted request to the visa office for a TRP, and also for consideration on Humantarian and Compassionate grounds under section 25 of the Act.

Most likely the visa office will refuse, because it is very soon after the DUI. However at least then (assuming the correct option is selected on the application forms) the sponsor can file an appeal. If there is a good reason why they cannot live together in the UK (not just that she does not like it there) maybe they will succed in an appeal.

Ron Liberman
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Andrew Miller

"Correct options"? There are no "options" on PR application forms that "incorrectly checked" would not allow sponsor's appeal to be filed.

Rob_999

I thought the conviction only counts if you would have broken a Canadian law? I'm no expert but you might want to look into this - the limit in Canada is higher than UK so maybe it wouldn't have been a conviction in Canada. Andrew? Others?

Ron Liberman

Andrew,

Look at the very first box on the "Application to Sponsor and Undertaking". Granted this relates to the sponsor, but if it is checked incorrectly and for some reason the sponsor is found ineligible , the application fails there.


Regards,
Ron Liberman

huwliddell

Thanks all for your comments , but they are what is currently on the government website , although from speaking to Lawyers back home they have said that it hinders my chance but due to me completing the rehabilitation course and applying through common law partner and being a skilled worker that I have a chance.
cheers.

Andrew Miller

It is about sponsor's approval, nothing to do with PR part and inadmissibility matters. I don't think anyone sane wouldn't check this part correctly and select "continue with application".

Ron Liberman

CHC London regularly refuse for a DUI, and the fact that being over the limit may be measured "in breath" rather than "in blood" does not seem to affect their decision. All that is required is that the visa officer has reasonable grounds to believe he is criminally inadmissible for "committing an act outside Canada that is an offense in the place where it is committed and that, if committed in Canada, would constitute an indictable offense under an Act of Parliament". (this is s. 36(2)(c) of the Regulations)

Going to see a Canadian criminal lawyer before departing Canada will probably not hurt him, however he must disclose the conviction when applying for an extrension and also in the permanent resident application. My expectation is he will be asked to leave Canada anyway, and will find out he is not even supposed to be here.

Going back to the matter of trying to help this fellow my thoughts are: make sure to file a sponsorship application correctly so you can appeal, and make sure you ask for H&C considerations to be taken into account and for a TRP. No visa officer is going to disregard your offense simply because you have completed your course.

leecyndisanders

CANADA. The Criminal Law Amendment Act, 1968-69 made it a "per se" offence to drive with a blood alcohol content (BAC) in excess of 80 mg/100 ml of blood.

Which is equivalent to the UK, don't forget a breath count would be 36µg of alcohol/100ml of breath which is equivelent to the BAC.