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Question re: DUI and TRP Possibility

Question re: DUI and TRP Possibility

Old Jun 10th 2011, 3:40 pm
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Question Question re: DUI and TRP Possibility

Hi

I have asked this before and got some great answers but wonder if anyone has similar experience they may share with us and the "likely" outcome..

I know that a DUI is inadmissable until the 5 years and rehab has been granted, from reading the website. This is my question if anyone has an opinion we would welcome it.

I have a job offer from a City in Canada, (Alberta) this would be employed by the City directly on a TWP until applying for PR probably through the PNP route. My spouse had a 15 month DUI ban here in the UK IN 2010, now spent and moving on. I am not going to make excuses and would ask that people respect this and treat this matter as the original question below which is:

I have read of a compasionate reason to grant a temporary residence permit to allow people that are not deemed rehabilitated to enter Canada, I am wondering if this could be possible?, I can obtain a letter from the City to submit to Immigration Canada as well as character references from a very high serving member in the UK CID (Police), Doctors and the local member of parliment.....

All opinions welcome please, we have no other convictions between us, have visited Canada on many occasions and until this incident were "model immigrants" - on paper anyway.

Thank you in advance, great forum!
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Old Jun 10th 2011, 5:03 pm
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Default Re: Question re: DUI and TRP Possibility

You asked this a year ago, have you applied for anything since after PMM's advice? http://britishexpats.com/forum/showthread.php?t=665173

Got to be honest, I can't see any way that your other half would get criminal rehab after such a short period of time has passed. If the ban was for 15 months in 2010, presumably it's only just expired? So really he wouldn't be eligible to apply for rehab for almost five years.

Also, compassionate reasons will be more like 'my father is dying in Canada and I need to visit him one last time' rather than just wanting to accompany a partner to a new job.

It may be worth a try, but I really don't think you'd be successful - sorry to be negative, but it's just too soon imo. Another thing to consider is would your employer really be prepared to wait another year or so for you to start work? Or would you go over first and leave your partner in the UK to wait for rehab? Bearing in mind he couldn't visit you at all until he got it of course.
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Old Jun 15th 2011, 3:03 pm
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Default Re: Question re: DUI and TRP Possibility

Thanks for the answer. I am lucky to have in effect an open job offer in the fact that there are not too may people specialise in the field that I do, hence not being tied to a particular time and asking before. It is actually my wife who would be inadmissable and I figured with a supporting letter from the city that for a wife to accompany a husband would be classed as a compassionate situation, but I could be wrong and bow to anyone with superior knowledge, and welcome comments from anyone that has been in a similar situation....

Thank You....

NP
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Old Jun 15th 2011, 3:28 pm
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Default Re: Question re: DUI and TRP Possibility

I very much doubt your situation would come under Strong Humanitarian or Compassionate Grounds.

12. What can I do if I must come to Canada but I do not qualify for rehabilitation?

If you can show that you have a compelling reason to travel to Canada and that you do not pose a risk because of your inadmissibility, you may be able to apply for a Temporary Resident Permit which would allow you to enter or remain in Canada.

Note: Temporary resident permits are only issued in exceptional circumstances, for reasons of national interest or on strong humanitarian or compassionate grounds. A temporary resident permit may be cancelled at any time.

For more information, see Temporary resident permits.
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Old Jun 15th 2011, 3:38 pm
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Default Re: Question re: DUI and TRP Possibility

Originally Posted by Newbie Poster
Thanks for the answer. I am lucky to have in effect an open job offer in the fact that there are not too may people specialise in the field that I do, hence not being tied to a particular time and asking before. It is actually my wife who would be inadmissable and I figured with a supporting letter from the city that for a wife to accompany a husband would be classed as a compassionate situation, but I could be wrong and bow to anyone with superior knowledge, and welcome comments from anyone that has been in a similar situation....

Thank You....

NP
In my view this is extremely unlikely to succeed. DUI is a criminal code offence.
H & C is usually for people who are being persecuted and even in those cases some are not being considered. The biggest hurdle is that you are not Canadian or PR and hoping to come under a TWP and above all else making a choice to do so. If it is such a hardship the likely view is that it is a self imposed hardship, you are not being prevented from being with your wife, you could stay with her if you chose to do so. If you were being forced to leave you home country for your personal safety that might be a different thing all together. You just have to choose between the wife and the job.

The only thing that may help is if the city could demonstrate nobody else can do the job and it is an essential job, even then it won't be clear cut. Merely the employer saying it would be nice if your wife could come too, likley won't make a dot of difference. As you say, not too many people do what you do, infers there are others who can do the job.

The only way you'll find out is to try and see what happens, otherwise everything is mere conjecture.
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