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PR Spousal Sponsership with DUI
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cca149 View Drop Down
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Points: 2 		Post Options Post Options   Thanks (0) Thanks(0)   Quote cca149 Quote  Post ReplyReply Direct Link To This Post Topic: PR Spousal Sponsership with DUI
    Posted: 20 Dec 2012 at 10:51pm
Hello All,
I am an American 32 yo and married to a Canadian citizen for 14 months. I'm no strager to Canada. I've been traveling here for business for years and my family has owned property here since I was a child.
 
In 2006 I was arrested for a DUI. My case was delayed 1 year and I plead guilty in 2007. In 2008, I completed 1 year unsupervised probation and driving restriction. So this means I an not eligable for rehabilitiation until Nov. 2013. In this time I have been granted numerous TRPs due to my mother-in-laws condition with cancer, to support my wife and her father. However, my wife's mother has recently passed away. My wife is an only child and reluctant to leave her father behind to come live with me in the States. And I feel horrible asking her to. He is aging as well and I fear may not have too much time left either. The last thing I want is to split them. He is a soon to be pentioner and retired, so he's not going anywhere.
 
Now that I'm not eligible for rehabilitation yet, is it possible for my wife to sponser me for PR with this blemish on my record? All I want to do is work and be with my family (my wife and father-in-law) in Toronto but I am worried I am persona-non-grata in Canada and not eligable for PR.
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computergeek View Drop Down
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Points: 573 		Post Options Post Options   Thanks (0) Thanks(0)   Quote computergeek Quote  Post ReplyReply Direct Link To This Post Posted: 21 Dec 2012 at 12:08pm
Yes.  You will need to also submit a TRP application along with your PR application.  If granted (and given your prior record it sounds likely) then you will be allowed to immigrate to Canada.

See http://www.cic.gc.ca/english/information/inadmissibility/conviction.asp

Note that a TRP is on the list as well as the rehabilitation alternatives.
FSW applied 6/09, denied (med inadmissible) 12/11. JR leave granted 7/12, discontinued 9/12. Spousal app PPR 9/12. Landed 13 October 2012
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cca149 View Drop Down
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Points: 2 		Post Options Post Options   Thanks (0) Thanks(0)   Quote cca149 Quote  Post ReplyReply Direct Link To This Post Posted: 21 Dec 2012 at 2:46pm
Originally posted by computergeek computergeek wrote:

Yes.  You will need to also submit a TRP application along with your PR application.  If granted (and given your prior record it sounds likely) then you will be allowed to immigrate to Canada.See http://www.cic.gc.ca/english/information/inadmissibility/conviction.aspNote that a TRP is on the list as well as the rehabilitation alternatives.



This is unusual, as I have been told by my current immigration atty that criminally inadmissible persons are ineligible for PR under any circumstance. Are you sure this applies to criminal inadmissibility and not just medical inadmissibility?
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computergeek View Drop Down
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Points: 573 		Post Options Post Options   Thanks (0) Thanks(0)   Quote computergeek Quote  Post ReplyReply Direct Link To This Post Posted: 21 Dec 2012 at 7:57pm
Oh absolutely.  Medical inadmissibility is actually an extremely unusual situation (less than 200 TRPs are issued annually for medical inadmissibility). Criminal inadmissibility is the most common situation.

It is strongly recommended that you resolve all admissibility issues - and indeed, the CIC website says that you may not apply until the inadmissibility is rectified but my own case is clearly an indicator that this is not necessarily the case - I was deemed inadmissible in a way that precluded resolution, yet my PR application was processed.

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If it has been less than five years since the end of your sentence, and/or if you have exceptional circumstances, you may be eligible to be issued a temporary resident permit allowing you to enter or remain in Canada. 

TRPs are discretionary.  There is no guarantee you will be granted one.  However, in your specific case you have previously been granted a TRP and thus I gauge your chances as better than normal.  Still, it is possible they will refuse your application for a TRP.  But in that case you will be out the application fee and by the time they decide you'll be eligible for rehabilitation.

When I applied for a TRP (February 2012) for medical inadmissibility the visa office actually noted on my file that TRPs for inadmissibility are submitted along with a PR application normally for consideration as part of the application, but in my specific case I wouldn't need a TRP if PR were granted - I only might require it in the interim while they were processing the PR application.

If you have not yet read OP 20 "Temporary Resident Permits" you should do so. It explicitly lists the circumstances for granting a TRP.

Another option that you have is to request a TRP for the time from now until you can file for rehabilitation.

This is also an interesting document: http://s219954379.onlinehome.us/duidriver/docs/are_you_criminally_inadmissible_to_canada.pdf

My guess is that you're looking at a multi-year process no matter what you do, unfortunately.  But a TRP now while you're waiting for rehabilitation might be reasonable.   This would likely go even better if you arrange employment in Canada.  You don't happen to qualify for a NAFTA position, do you?  If so, that would make things easier for you as well.




Edited by computergeek - 21 Dec 2012 at 7:59pm
FSW applied 6/09, denied (med inadmissible) 12/11. JR leave granted 7/12, discontinued 9/12. Spousal app PPR 9/12. Landed 13 October 2012
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