Spouse With DUI Conviction
Jun 2nd 2007, 12:39 am
#16
Forum Regular
Joined: Dec 2004
Location: Kagawong - Mediterranean North
Posts: 138
Re: Spouse With DUI Conviction
I would just like to add to this that my now-husband, when we were applying for PR (Aug. 1, 2006) also had a DUI in the UK, but it was over 10 years old and when he wrote to the High Commission in London he rec'd a letter from them saying that if it was over 10 years old, it was basically struck from the record, so there were no worries.
This was ONE DUI conviction and nothing else, and it was over 10 years old.
In case that's of any help.
whm
This was ONE DUI conviction and nothing else, and it was over 10 years old.
In case that's of any help.
whm
Jun 2nd 2007, 3:41 am
#17
Forum Regular
Joined: Aug 2005
Location: London, Ontario
Posts: 279
Re: Spouse With DUI Conviction
Hi
1. The I/O cannot overlook or waive the inadmissibility.
2. If 5 years have passed since the date of completion of sentence,the the applicant can apply for rehabilitation. see: http://www.cic.gc.ca/ENGLISH/APPLICATIONS/rehabil.html
3. IF 5 years have not passed, then the applicant can submit a request on the basis of "information only" and the I/O will then make a decision whether to proceed or refuse the application.
1. The I/O cannot overlook or waive the inadmissibility.
2. If 5 years have passed since the date of completion of sentence,the the applicant can apply for rehabilitation. see: http://www.cic.gc.ca/ENGLISH/APPLICATIONS/rehabil.html
3. IF 5 years have not passed, then the applicant can submit a request on the basis of "information only" and the I/O will then make a decision whether to proceed or refuse the application.
There was no sentence because there was never a conviction. I am talking about inadmissability based on a police caution, which is definately not a conviction. However it is an admission of guilt. And in my husband's case it was for an offence which, if convicted for in Canada, would be an indictable offence punishable by a sentence of less than ten years (no more than 7).
From what I have read, the intent behind the particular category of inadmissablity I fear he may be classed under is to prevent someone who is fleeing a conviction in another country, but who the officer has grounds to believe the act was committed. Obviously this is not the case for him.
I was reading about how they can consider cases under section 25 of the Act and I read this:
"Officers have the delegated authority to assess all applications on H&C grounds, including when
the applicant is inadmissible on grounds of security, human or international rights violations,
serious criminality, organized criminality, or health. Officers may refuse these applications or
make a recommendation to the Minister's delegate for a waiver of inadmissibility."
That gave me some hope. I'd like to know more about H&C consideration.
PMM,or anyone, do you know of any cases where people with recent police cautions for an 'indictable' offence have got through?
Am I right in thinking that if he gets refused, we can appeal on H&C grounds (if there were the grounds)?
Also, we could apply for a TRP right? What are the chances he would be granted that until he can remedy the inadmissability at the 5 yr mark?
Any other advice?
Kellie
Jun 2nd 2007, 5:40 am
#18
Lost in BE Cyberspace
Joined: May 2004
Posts: 9,708
Re: Spouse With DUI Conviction
Hi
1. If it is a caution, then there is no conviction, you require a conviction to be inadmissible (there are some exceptions)
2. TRP, possible, depends on circumstances of a CONVICTION and how long previous the conviction was.
3. Spousal application refusals can always be appealed, except where the spouse is found not to be a member of the family class or declared a danger to the public.
Hi
There was no sentence because there was never a conviction. I am talking about inadmissability based on a police caution, which is definately not a conviction. However it is an admission of guilt. And in my husband's case it was for an offence which, if convicted for in Canada, would be an indictable offence punishable by a sentence of less than ten years (no more than 7).
From what I have read, the intent behind the particular category of inadmissablity I fear he may be classed under is to prevent someone who is fleeing a conviction in another country, but who the officer has grounds to believe the act was committed. Obviously this is not the case for him.
I was reading about how they can consider cases under section 25 of the Act and I read this:
"Officers have the delegated authority to assess all applications on H&C grounds, including when
the applicant is inadmissible on grounds of security, human or international rights violations,
serious criminality, organized criminality, or health. Officers may refuse these applications or
make a recommendation to the Minister's delegate for a waiver of inadmissibility."
That gave me some hope. I'd like to know more about H&C consideration.
PMM,or anyone, do you know of any cases where people with recent police cautions for an 'indictable' offence have got through?
Am I right in thinking that if he gets refused, we can appeal on H&C grounds (if there were the grounds)?
Also, we could apply for a TRP right? What are the chances he would be granted that until he can remedy the inadmissability at the 5 yr mark?
Any other advice?
Kellie
There was no sentence because there was never a conviction. I am talking about inadmissability based on a police caution, which is definately not a conviction. However it is an admission of guilt. And in my husband's case it was for an offence which, if convicted for in Canada, would be an indictable offence punishable by a sentence of less than ten years (no more than 7).
From what I have read, the intent behind the particular category of inadmissablity I fear he may be classed under is to prevent someone who is fleeing a conviction in another country, but who the officer has grounds to believe the act was committed. Obviously this is not the case for him.
I was reading about how they can consider cases under section 25 of the Act and I read this:
"Officers have the delegated authority to assess all applications on H&C grounds, including when
the applicant is inadmissible on grounds of security, human or international rights violations,
serious criminality, organized criminality, or health. Officers may refuse these applications or
make a recommendation to the Minister's delegate for a waiver of inadmissibility."
That gave me some hope. I'd like to know more about H&C consideration.
PMM,or anyone, do you know of any cases where people with recent police cautions for an 'indictable' offence have got through?
Am I right in thinking that if he gets refused, we can appeal on H&C grounds (if there were the grounds)?
Also, we could apply for a TRP right? What are the chances he would be granted that until he can remedy the inadmissability at the 5 yr mark?
Any other advice?
Kellie
2. TRP, possible, depends on circumstances of a CONVICTION and how long previous the conviction was.
3. Spousal application refusals can always be appealed, except where the spouse is found not to be a member of the family class or declared a danger to the public.
Jun 2nd 2007, 8:44 am
#19
Forum Regular
Joined: Aug 2005
Location: London, Ontario
Posts: 279
Re: Spouse With DUI Conviction
Hi
1. If it is a caution, then there is no conviction, you require a conviction to be inadmissible (there are some exceptions)
2. TRP, possible, depends on circumstances of a CONVICTION and how long previous the conviction was.
3. Spousal application refusals can always be appealed, except where the spouse is found not to be a member of the family class or declared a danger to the public.
1. If it is a caution, then there is no conviction, you require a conviction to be inadmissible (there are some exceptions)
2. TRP, possible, depends on circumstances of a CONVICTION and how long previous the conviction was.
3. Spousal application refusals can always be appealed, except where the spouse is found not to be a member of the family class or declared a danger to the public.
I am thinking that my husband's police caution does fall into one of those exceptions, as one of the criminal inadmissability categories states that if a person commiits an act outside of Canada, that is illegal in that country, and illegal in Canada, and it is an offence that is indictable in Canada and would be punishable in Canada by a sentence of up to 10 years, then they are inadmissable.
I remember that there was a person on BE a few months back who did get refused PR based on his recent police caution.
I would love to know if anyone ever gets approved despite their recent police caution for an indicatable offence?
Kellie
Jun 2nd 2007, 6:42 pm
#20
I'll have a double double
Joined: Apr 2007
Posts: 233
Re: Spouse With DUI Conviction
Hi PMM, thanks for your response.
I am thinking that my husband's police caution does fall into one of those exceptions, as one of the criminal inadmissability categories states that if a person commiits an act outside of Canada, that is illegal in that country, and illegal in Canada, and it is an offence that is indictable in Canada and would be punishable in Canada by a sentence of up to 10 years, then they are inadmissable.
I remember that there was a person on BE a few months back who did get refused PR based on his recent police caution.
I would love to know if anyone ever gets approved despite their recent police caution for an indicatable offence?
Kellie
I am thinking that my husband's police caution does fall into one of those exceptions, as one of the criminal inadmissability categories states that if a person commiits an act outside of Canada, that is illegal in that country, and illegal in Canada, and it is an offence that is indictable in Canada and would be punishable in Canada by a sentence of up to 10 years, then they are inadmissable.
I remember that there was a person on BE a few months back who did get refused PR based on his recent police caution.
I would love to know if anyone ever gets approved despite their recent police caution for an indicatable offence?
Kellie
I also think your reading into it too much.
rgds
John
Jun 3rd 2007, 5:49 am
#21
Forum Regular
Joined: Aug 2005
Location: London, Ontario
Posts: 279
Re: Spouse With DUI Conviction
I would think immigration would consider a conviction to a degree is some level of guilt and a caution would have to be presummed innocense or at the very least not serious enough to worry about...case in point, your hardly going to get a caution for murder or armed robbery. Why dont you simply send off for the police record so you can see what is actually on there.
I also think your reading into it too much.
rgds
John
I also think your reading into it too much.
rgds
John
He got a caution for 'Production of Cannabis', which is a pretty serious offence under Canada's laws. They will look at the equivalent offence over here.
You have to admit guilt to receive a caution, so there is no question of gult or innocence, he is gulty of committing an illegal act.
We have the police form. The caution is on there and will be until September '08, when we could apply to have it removed.
I really hope I am reading too much into this, but it seems that in the black and white of what is right there on the application form, he will be considered criminally inadmissable. I think we need to look at that possibility and plan for it. Such an outcome would have huge implications for us, as we are already settled in Canada with two kids.
Kellie
