Hello,
My girlfriend wishes to visit Canada, but she has been deemed inadmissible in her ETA application due to a DUI approx. 4.5 years ago. She had her driver’s license suspended for 4 months on August 14 2014. In the answer to the ETA application, they refer to IRPA 36 (2)(b)
36 (2) A foreign national is inadmissible on grounds of criminality for
(b) having been convicted outside Canada of an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, or of two offences not arising out of a single occurrence that, if committed in Canada, would constitute offences under an Act of Parliament;
In articles concerning how to overcome inadmissibility, it says that 5 years must pass before one can apply for rehabilitation. However, it states in one place that one must wait 5 years after commission of the offence, and says, in another part of the page, that one must wait 5 years from the moment the sentence was completed.
I was wondering if I could get some guidance on whether in this situation, my girlfriend can apply for rehabilitation 5 years after the sentence was imposed (14 aug 2014), or if it has to be 5 years after the sentence was completed (14 december 2014).
I thank in advance anyone willing to help!
Charles
P.S. what does this mean?
(3) The following provisions govern subsections (1) and (2):
(c) the matters referred to in paragraphs (1)(b) and (c) and (2)(b) and (c) do not constitute inadmissibility in respect of a permanent resident or foreign national who, after the prescribed period, satisfies the Minister that they have been rehabilitated or who is a member of a prescribed class that is deemed to have been rehabilitated;
My girlfriend wishes to visit Canada, but she has been deemed inadmissible in her ETA application due to a DUI approx. 4.5 years ago. She had her driver’s license suspended for 4 months on August 14 2014. In the answer to the ETA application, they refer to IRPA 36 (2)(b)
36 (2) A foreign national is inadmissible on grounds of criminality for
(b) having been convicted outside Canada of an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, or of two offences not arising out of a single occurrence that, if committed in Canada, would constitute offences under an Act of Parliament;
In articles concerning how to overcome inadmissibility, it says that 5 years must pass before one can apply for rehabilitation. However, it states in one place that one must wait 5 years after commission of the offence, and says, in another part of the page, that one must wait 5 years from the moment the sentence was completed.
I was wondering if I could get some guidance on whether in this situation, my girlfriend can apply for rehabilitation 5 years after the sentence was imposed (14 aug 2014), or if it has to be 5 years after the sentence was completed (14 december 2014).
I thank in advance anyone willing to help!
Charles
P.S. what does this mean?
(3) The following provisions govern subsections (1) and (2):
(c) the matters referred to in paragraphs (1)(b) and (c) and (2)(b) and (c) do not constitute inadmissibility in respect of a permanent resident or foreign national who, after the prescribed period, satisfies the Minister that they have been rehabilitated or who is a member of a prescribed class that is deemed to have been rehabilitated;
