Dui Conviction over 10 years wife sponsorship

[TravisJ]

I am currently in the process of sponsoring my wife, she had a dui in 2011 she completed all necessary classes ect that the court sentenced her to do with probation for 3 years, she has the proof of all classes committed and police report stating she paid all of her fines and completed obligations with that. With that being said we recived an email today that states

Having reviewed your application, I have concerns that you may not meet the requirements for
immigration to Canada by virtue of the fact that you have not provided sufficient evidence to satisfy
me that you are not inadmissible to Canada.

The onus is on you to satisfy me that you are not inadmissible and can therefore become a permanent resident. I request that you send any information and/or documents which you consider might respond to this concern.

The above information/documents must be received in our office within thirty (30) days from the date of this letter. If you are unable to submit the requested document(s), or complete the requested action, within the timeframe given, you must notify our office before the due date and you must provide an explanation and proof as to why you are unable to comply within the given timeframe.

If we do not receive the requested information within the time allotted to you from the date of this notice, a decision will be made based on the information on your file, which could result in the refusal of your application.


I am not sure what more we need to send in as proof for completion of sentencing, we applied for sponsorship in may of 2022 as it doesn't really specify what they need to convince the officer that she is admissible.


any help is appreciated, thank you!

 

[Naturgrl]

I am currently in the process of sponsoring my wife, she had a dui in 2011 she completed all necessary classes ect that the court sentenced her to do with probation for 3 years, she has the proof of all classes committed and police report stating she paid all of her fines and completed obligations with that. With that being said we recived an email today that states

Having reviewed your application, I have concerns that you may not meet the requirements for
immigration to Canada by virtue of the fact that you have not provided sufficient evidence to satisfy
me that you are not inadmissible to Canada.

The onus is on you to satisfy me that you are not inadmissible and can therefore become a permanent resident. I request that you send any information and/or documents which you consider might respond to this concern.

The above information/documents must be received in our office within thirty (30) days from the date of this letter. If you are unable to submit the requested document(s), or complete the requested action, within the timeframe given, you must notify our office before the due date and you must provide an explanation and proof as to why you are unable to comply within the given timeframe.

If we do not receive the requested information within the time allotted to you from the date of this notice, a decision will be made based on the information on your file, which could result in the refusal of your application.


I am not sure what more we need to send in as proof for completion of sentencing, we applied for sponsorship in may of 2022 as it doesn't really specify what they need to convince the officer that she is admissible.


any help is appreciated, thank you!

Did she not apply for rehabilitation as outlined on the IRCC sponsorship page? If not, how is she is she "deemed rehabilitated?"

 

[scylla]

I am currently in the process of sponsoring my wife, she had a dui in 2011 she completed all necessary classes ect that the court sentenced her to do with probation for 3 years, she has the proof of all classes committed and police report stating she paid all of her fines and completed obligations with that. With that being said we recived an email today that states

Having reviewed your application, I have concerns that you may not meet the requirements for
immigration to Canada by virtue of the fact that you have not provided sufficient evidence to satisfy
me that you are not inadmissible to Canada.

The onus is on you to satisfy me that you are not inadmissible and can therefore become a permanent resident. I request that you send any information and/or documents which you consider might respond to this concern.

The above information/documents must be received in our office within thirty (30) days from the date of this letter. If you are unable to submit the requested document(s), or complete the requested action, within the timeframe given, you must notify our office before the due date and you must provide an explanation and proof as to why you are unable to comply within the given timeframe.

If we do not receive the requested information within the time allotted to you from the date of this notice, a decision will be made based on the information on your file, which could result in the refusal of your application.


I am not sure what more we need to send in as proof for completion of sentencing, we applied for sponsorship in may of 2022 as it doesn't really specify what they need to convince the officer that she is admissible.


any help is appreciated, thank you!

When did her probation end?

I assume you have not applied for rehabilitation?

 

[Ponga]

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility/overcome-criminal-convictions/deemed-rehabilitation.html

Being assessed by a visa office

You do not have to apply to be deemed rehabilitated, but you should be sure you will qualify before you try to enter the country. Otherwise, you could be found inadmissible to Canada when you arrive at the border.

---
https://www.canadavisa.com/canadian-immigration-deemed-rehabilitation.html
(from the law firm that generously provides this forum)

Persons do not have to apply to be deemed rehabilitated, but anyone with a criminal record who wants to enter Canada should make sure that they have been deemed rehabilitated before travelling in order to avoid a problem at the Canadian border.

Otherwise, an immigration officer could determine that you have not been deemed rehabilitated, and you will be denied entry to Canada due to criminal inadmissibility and have to turn back.

---



If the OP's wife was given 3 years probation as part of the sentence to a DUI in 2011...that would mean that deemed rehabilitation may not be met until 2024, right? Wrong?

 

[scylla]

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility/overcome-criminal-convictions/deemed-rehabilitation.html

Being assessed by a visa office

You do not have to apply to be deemed rehabilitated, but you should be sure you will qualify before you try to enter the country. Otherwise, you could be found inadmissible to Canada when you arrive at the border.

---
https://www.canadavisa.com/canadian-immigration-deemed-rehabilitation.html
(from the law firm that generously provides this forum)

Persons do not have to apply to be deemed rehabilitated, but anyone with a criminal record who wants to enter Canada should make sure that they have been deemed rehabilitated before travelling in order to avoid a problem at the Canadian border.

Otherwise, an immigration officer could determine that you have not been deemed rehabilitated, and you will be denied entry to Canada due to criminal inadmissibility and have to turn back.

---



If the OP's wife was given 3 years probation as part of the sentence to a DUI in 2011...that would mean that deemed rehabilitation may not be met until 2024, right? Wrong?

Correct. The 10 years clock doesn't start until all probation / fines / etc. are completed.

Based on the info provided above, the applicant is currently inadmissible to Canada.

 

[TravisJ]

Correct. The 10 years clock doesn't start until all probation / fines / etc. are completed.

Based on the info provided above, the applicant is currently inadmissible to Canada.

so that would mean we should apply for rehabilitation?

 

[scylla]

so that would mean we should apply for rehabilitation?

Yes. You would need to apply for rehabilitation.

Can you confirm when the probation ended (month, year) just to make sure we are giving you the right advice?

My two cents is to submit the rehab application asap (before the 30 days passes) and then indicate in your response that you have applied for rehabilitation. Hopefully they will consider leaving the application open until the rehab application is processed.

 

[TravisJ]

I just want to make sure we are going the right route , we have entered and left the country on multiple occasions to visit her family back in the usa both at land border and airport and we have never had an issue with entering the country

 

[TravisJ]

Yes. You would need to apply for rehabilitation.

Can you confirm when the probation ended (month, year) just to make sure we are giving you the right advice?

My two cents is to submit the rehab application asap (before the 30 days passes) and then indicate in your response that you have applied for rehabilitation. Hopefully they will consider leaving the application open until the rehab application is processed.

She doesn't know the exact date it ended but it was 36 months from her conviction so it would be sometime in 2014

 

[scylla]

I just want to make sure we are going the right route , we have entered and left the country on multiple occasions to visit her family back in the usa both at land border and airport and we have never had an issue with entering the country

Ah - I didn't realize she was in Canada. The DUI must have not flagged when she entered. Sometimes that happens with Americans.

Regardless, based on the information you've provided she is in fact inadmissible which would mean she can't enter. If she is in Canada now, you might want to consult with a lawyer and I wouldn't have her leave Canada until you get a legal opinion.

If she is outside of Canada, then again, you may want to speak with a lawyer before trying to re-enter.

I'm not a lawyer and this is a bit messy.

 

[scylla]

She doesn't know the exact date it ended but it was 36 months from her conviction so it would be sometime in 2014

She needs to sort out the exact date and find the records. She will need this for the rehabilitation application.

But if it was 36 months more or less from 2011, then she is currently inadmissible to Canada (meaning she is not allowed to enter Canada or apply for PR without first going through the rehabilitation process). Get the rehab application in asap. She will need to dig up all of the court and other documents related to this. Make sure you do that before the 30 days ends so that you can respond to the PFL and indicate this is done. Hopefully that will keep the application open.

If she is currently in Canada, I don't know what to do with that. Beyond my level of expertise. Speak with an immigration lawyer.

 

[Ponga]

She doesn't know the exact date it ended but it was 36 months from her conviction so it would be sometime in 2014

Doesn't she recall her conviction date in 2011?

I agree with @scylla that she should consult with someone ASAP.

I may be overthinking, but...if the rehabilitation is denied, not only would the SCLPC application likely be denied, but she could have a problem remaining in Canada. I would certainly hope that a legal consultation could help you understand what your best option is now, aside from applying for Deemed Rehabilitation, of course.

Good Luck!!

 

[TravisJ]

Doesn't she recall her conviction date in 2011?

I agree with @scylla that she should consult with someone ASAP.

I may be overthinking, but...if the rehabilitation is denied, not only would the SCLPC application likely be denied, but she could have a problem remaining in Canada. I would certainly hope that a legal consultation could help you understand what your best option is now, aside from applying for Deemed Rehabilitation, of course.

Good Luck!!

we have the court papers for everything, including the conviction date, all her classes and everything she had to do to complete her sentence, it just says that her probation was 36 months on her court papers it doesn't show the end date, we will consult with someone asap to find out what exactly we need to do

 

[scylla]

we have the court papers for everything, including the conviction date, all her classes and everything she had to do to complete her sentence, it just says that her probation was 36 months on her court papers it doesn't show the end date, we will consult with someone asap to find out what exactly we need to do

Good luck!

 

[TravisJ]

Good luck!

thank you!