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How DUI will affect permanent residency.

Elena132

Member
Nov 17, 2018
15
0
Hi. If somebody stays in Canada for a long time but never applies for citizenship, commits a DUI, get a $2000 ticket and a 2 year suspension recently, will they be able to continue their stay in canada as a PR and become citizen? Will they get removal order?

thank you in advance
 

Fuzu

Star Member
Oct 6, 2021
98
1
6 months ago I was at an office party. Rarely do I drink but had 3-4 drinks that night and got stopped on the way home for doing 70 in a 60 zone. They did a routine breathalyzer and I was convicted with impaired driving over the limit ( over 0.08 ).

I know it's a serious offence however the officer on scene along with some lawyers I spoke to who specializes in DUI confirmed for first time offence it is 100% NOT a criminal charge and does not go on your criminal record ONLY in Alberta, Canada. They gave me an administrative penalty ( harsh consequences, I deserve it) under the traffic safety Act.

Other provinces in Canada might charge you criminally under Criminal code of Canada for 1st offence. But not in the province of Alberta unless something more serious happens like killing someone while impaired or 2nd offence. However the consequences ( losing driving privileges, hefty fines ) are similar.

Since it is not a criminal record, will it affect my immigration? Any one had a similar experience?

Everything I worked for my entire life has potentially been ruined by that one night.

I don't expect sympathy; I understand the gravity of my actions and take full responsibility. I'm grappling with the consequences and the impact on my life, expressing sincere remorse for letting myself, my parents, and others down
 

Cynth12345

Full Member
Jan 15, 2022
25
4
Yes it will affect immigration. DUI is a criminal offence in canada.
you need to get a good lawyer who is familiar with criminal and immigration laws .
 
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Fuzu

Star Member
Oct 6, 2021
98
1
Yes it will affect immigration. DUI is a criminal offence in canada.
you need to get a good lawyer who is familiar with criminal and immigration laws .

But if you weren’t charged criminal and have no criminal record, it will not. Laws are different across Canada. Some provinces do provincial penalty for impaired driving. A conviction under act of parliament ( criminal code ) is required. Please do not share misinformation





36 (1) A permanent resident or a foreign national is inadmissible on grounds of serious criminality for

  • (a) having been convicted in Canada of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years, or of an offence under an Act of Parliament for which a term of imprisonment of more than six months has been impose
 

Fuzu

Star Member
Oct 6, 2021
98
1
Yes it will affect immigration. DUI is a criminal offence in canada.
you need to get a good lawyer who is familiar with criminal and immigration laws .
but you are partially right. If you get criminal code charge for dui in Canada then you are doomed. For offences outside Canada, a conviction is not required. Just commission can render you inadmissible. But for dui in Canada you have to be charged criminally. However BC Manitoba and alberta does not charge criminally for first offence usually. But other provinces will charge you criminally and if convicted in court you are inadmissible
 

Mr Blue

Member
May 28, 2024
15
0
Hello everyone
I am PR and I got charged with DUI. I was chilling in my car, not driving. My criminal lawyer got me a plea deal of 1 year driving prohibition and $1000 fine for first time offence. It is still going to be a criminal record.

Should I accept the plea deal?

Will I get deported?
 

forevermore76

Star Member
May 19, 2024
145
37
Hello everyone
I am PR and I got charged with DUI. I was chilling in my car, not driving. My criminal lawyer got me a plea deal of 1 year driving prohibition and $1000 fine for first time offence. It is still going to be a criminal record.

Should I accept the plea deal?

Will I get deported?
Unless it's a conviction you shouldn't be deported. But listen to your attorney.
 

Cynth12345

Full Member
Jan 15, 2022
25
4
Hello everyone
I am PR and I got charged with DUI. I was chilling in my car, not driving. My criminal lawyer got me a plea deal of 1 year driving prohibition and $1000 fine for first time offence. It is still going to be a criminal record.

Should I accept the plea deal?

Will I get deported?
My advice is before you accept the plea, discuss the matter with your lawyer .
1) ask him if it gonna get a criminal record.?
2) I am not sure in future if you gonna apply for citizenship.. if it has a negative impact.?
3) I would suggest you to ask your lawyer to get you a conditional or absoulte discharge .
 

Mr Blue

Member
May 28, 2024
15
0
It will be a criminal record he said.
He is saying I shouldn’t get deported because I have no jail time.
Jail time more than 6 months can get deported.
But again he is criminal lawyer and I am not sure if I should trust him and take this deal.
 

Mr Blue

Member
May 28, 2024
15
0
He was trying to negotiate for a Non Criminal charge. But this is the lowest he could get.
Plea Deal

1 year driving prohibition
$1000 fine
Criminal Record

now I need to apply for my spouse sponsorship but I don’t know I am myself allowed to stay in this country or no.
 

forevermore76

Star Member
May 19, 2024
145
37
If
He was trying to negotiate for a Non Criminal charge. But this is the lowest he could get.
Plea Deal

1 year driving prohibition
$1000 fine
Criminal Record

now I need to apply for my spouse sponsorship but I don’t know I am myself allowed to stay in this country or no.
If it's a criminal conviction and the definition in IRPA 36 is met, you will be inadmissible to Canada. You will have to get your record expunged and wait 2 or 5 years depending on lot of other things.
 

Mr Blue

Member
May 28, 2024
15
0
As per CHATGPT

Impact of the Conviction: Since your plea deal includes a criminal record but not imprisonment, it doesn’t automatically trigger removal proceedings based solely on the sentence. However, the conviction itself can still lead to a review by immigration authorities, who may initiate deportation proceedings based on the nature of the crime.
 

Cynth12345

Full Member
Jan 15, 2022
25
4
He was trying to negotiate for a Non Criminal charge. But this is the lowest he could get.
Plea Deal

1 year driving prohibition
$1000 fine
Criminal Record

now I need to apply for my spouse sponsorship but I don’t know I am myself allowed to stay in this country or no.
Before you accept plea . Contact a good immigration lawyer. I said good because you need a good immigration lawyers get an opinion. I have no idea about spousal sponsorship and criminal records.
If I am in your situation I will definitely consult a good immigration lawyer.
 
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forevermore76

Star Member
May 19, 2024
145
37
Before you accept plea . Contact a good immigration lawyer. I said good because you need a good immigration lawyers get an opinion. I have no idea about spousal sponsorship and criminal records.
If I am in your situation I will definitely consult a good immigration lawyer.
OP needs a better criminal defense attorney before an immigration attorney. The ideal deal would be a conditional or absolute discharge with minimum probation.