Got DUI, Can I apply for Citizenship?

[sidhu99]

I need help... I got a DUI, a couple of weeks back but now I need to know if I can apply for my Canadian Citizenship....

I fulfill all the Canadian Citizenship requirements....

Not sure what to say in the following:
In the past 3 years, have you been convicted of an indictable offence(crime) or an offence under the citizenship act?
Are you now charged with an indictable offence(crime) or an offence under the citizenship act?

Is DUI considered as indictable offence(crime). Please help.

thx

 

[brbr]

I need help... I got a DUI, a couple of weeks back but now I need to know if I can apply for my Canadian Citizenship....

I fulfill all the Canadian Citizenship requirements....

Not sure what to say in the following:
In the past 3 years, have you been convicted of an indictable offence(crime) or an offence under the citizenship act?
Are you now charged with an indictable offence(crime) or an offence under the citizenship act?

Is DUI considered as indictable offence(crime). Please help.

thx

sidhu99,

I found the following, which leads to a NO answer to your question. Now more importantly, no more drunk driving! We want to share this nation with responsible citizens, please be safe, and help the others around you be safe and always call a cab!

http://www.justicebc.ca/en/cjis/you/accused/understanding_charges/types_of_offences.html

 

[sidhu99]

brbr,

I have left drinking for good... had a bad day.... will never do again.

So, that means that I have to wait for 3 years to apply?

Sid

 

[brbr]

brbr,

I have left drinking for good... had a bad day.... will never do again.

So, that means that I have to wait for 3 years to apply?

Sid

I'm glad you did Sid, good on you Pal. And yes, as the citizenship rules stand today you would need to be a permanent resident and have resided in Canada for 1095 days (3 years) in the last 5 years in order to be eligible to apply.

However sometime next year (2015), most likely in the middle of the calendar year, the rules are set to change. It will become 1460 days (4 years) in the last 6 years. So the bar will become higher and it will take more time to be eligible. On the flip side, CIC has promised to cut processing times substantially from the current 24 months for 80% of applications to under a year.

 

[PMM]

Hi

sidhu99,

I found the following, which leads to a NO answer to your question. Now more importantly, no more drunk driving! We want to share this nation with responsible citizens, please be safe, and help the others around you be safe and always call a cab!

http://www.justicebc.ca/en/cjis/you/accused/understanding_charges/types_of_offences.html

Actually it is a hybrid offence, so the OP has to determine if s/he was charged summarily or by indictment before s/he can answer that question.

255. (1) Every one who commits an offence
under section 253 or 254 is guilty of an indictable
offence or an offence punishable on
summary conviction and is liable,
(a) whether the offence is prosecuted by indictment
or punishable on summary conviction,
to the following minimum punishment,
namely,

 

[brbr]

Hi


Actually it is a hybrid offence, so the OP has to determine if s/he was charged summarily or by indictment before s/he can answer that question.

255. (1) Every one who commits an offence
under section 253 or 254 is guilty of an indictable
offence or an offence punishable on
summary conviction and is liable,
(a) whether the offence is prosecuted by indictment
or punishable on summary conviction,
to the following minimum punishment,
namely,

HAH! Sorry I should've probably passed this on to PMM from the get go Sid, PMM is a lawyer if I recall correctly 8)

 

[u4g5]

Hi


Actually it is a hybrid offence, so the OP has to determine if s/he was charged summarily or by indictment before s/he can answer that question.

255. (1) Every one who commits an offence
under section 253 or 254 is guilty of an indictable
offence or an offence punishable on
summary conviction and is liable,
(a) whether the offence is prosecuted by indictment
or punishable on summary conviction,
to the following minimum punishment,
namely,

can he or can he not apply depends on whether he's been convicted , n have a criminal record?

 

[PMM]

Hi

can he or can he not apply depends on whether he's been convicted , n have a criminal record?

Sure s/he can apply, but until s/he finds out if they have been charged summarily (most likely if it is the first) or by indictment, they can answer the Question re: charged/convicted.

 

[R Kumar]

Can any one please help me with this-
Hi,
I am currently working full time here in Canada. Everything was going very well but unfortunately 4 months ago i got a ticket for care & control of vehicle while impaired. I was just waiting for my friend to come pick me up while i was waiting outside the bar (I knew i had too much to drink so wasn't going to drive). Long story short- I am on a work permit right now and hoping to visit my wife and daughter back home in december. I am not convicted yet still going to trial. Already hired a good lawyer to deal with it. Will i be allowed to get back in after i visit my home country?? (This all happened here in Canada)

Please help my flight tickets already booked.

 

[SinghLovCan]

Dear Sidhu ji,
In my whole life. The only time I drank was when I was 19 years old and that also for 6 months. Smirn Off, Tequila, Black Label, Gin, Cocktails, Wine, Beer you name it .. I tried everything, did everything and now I have left it completely.

Something that you should keep in mind. North America is one of those continents where you are better off not drinking at all. DUI is a crime here and a very SERIOUS crime. Drinking is taken very seriously here. Even at your workplace you can be fired if found drunk. Some jobs here dont want you to drink at all.

This might come as a cultural shock as some of us have migrated from Punjab, India. Which being the richest state in India and we are used to living in big style in Punjab. Driving fancy cars, drinking, partying and basically living in BIG style. Here in America, we should be serious and more responsible.

Other members have already answered your question, I am not sure when you will become qualified to apply for citizenship again. Good luck to you though !

 

[SinghLovCan]

Hi


Sure s/he can apply, but until s/he finds out if they have been charged summarily (most likely if it is the first) or by indictment, they can answer the Question re: charged/convicted.

Is this person in risk of loosing PR status. Bill C-43 comes into play here?

 

[SinghLovCan]

Thank you Moderator. ;D

 

[Tom98]

Hi
I got a driving ticket a month ago for not stopping at a stop sign and driving with a learners license, and I was wondering if I'm now not going to be able to apply for citizenship ? I've been in Canada for five years now and I am hoping that this will not be a problem when I apply for citizenship

 

[Fenster]

Hi
I got a driving ticket a month ago for not stopping at a stop sign and driving with a learners license, and I was wondering if I'm now not going to be able to apply for citizenship ? I've been in Canada for five years now and I am hoping that this will not be a problem when I apply for citizenship

99% sure that it won't matter. It's not going to go on your criminal record. Someone else can confirm but I reckon you're ok.

 

[tonylamnth]

Hi everyone,
I applied for my citizenship on January 2018. And i have been charged for a DUI on March 2018. I know i have made a big mistake. I just wonder that the charge will affect to my citizenship application?
I have passed all of the requirements for my application. I have lived in Canada for over 10 years and never been charged or convicted to any crime before. I am really worry now because i have just recieved a mail from CIC. They ask for a court information sheet.