Have crim record but CDN child

[LittleOne79]

Hi - I am Canadian and my husband is Aussie. We have been living in Australia for five years but want to come back to Canada. Hubby and I have a baby girl who was born in Australia. Hubby has a criminal record which in 2014 he got criminal rehabilitation so he could come to Canada but since then has gotten a DUI, amongst a few other driving charges. All this year is there anyway at all he can come to Canada? His daughter will be in Canada, is there some sort of compassionate grounds so that he could be with his child??

 

[jddd]

Would suggest you speak to a lawyer about options. Off the top of my head, a TRP maybe? But a DUI is a big deal and the fact that he has incurred multiple driving related offences makes it look like he still has not learned his lesson which will go against him.

IMO, he has to wait until he can apply for rehabilitation for his new offences. I don’t see a compassionate ground as you all live together in a stable country. There is nothing in Canada that Australia cannot offer except for extended family members if that is the reason you want to move. That is not enough for any kind of compassionate grounds.

 

[LittleOne79]

I’m so unhappy here in Australia and hate being away from my family. I wonder if the kids and I arrived here first and then we applied for TRP after so he would be joining his family ?

 

[smallcoffee]

You should speak to an immigration lawyer

 

[scylla]

Hi - I am Canadian and my husband is Aussie. We have been living in Australia for five years but want to come back to Canada. Hubby and I have a baby girl who was born in Australia. Hubby has a criminal record which in 2014 he got criminal rehabilitation so he could come to Canada but since then has gotten a DUI, amongst a few other driving charges. All this year is there anyway at all he can come to Canada? His daughter will be in Canada, is there some sort of compassionate grounds so that he could be with his child??

If he has a recent DUI, then he is inadmissible to Canada. Assuming is BAC is 0.08 or more, this means he has to once again wait until 5 years have passed since he completes and fines / probation related to the DUI before once again applying for rehabilitation. Until then he will remain inadmissible.

His only option at this time is to apply for a TRP (temporary resident permit) to come to Canada temporarily as a visitor. This is a special permit for those who are otherwise inadmissible to Canada. Very hard to say what the chances are of the TRP being approved since he has more than just the DUI in his criminal past which will be considered in whether the TRP is approved. The multiple charges are problematic.

Maybe also time for him to re-visit his life choices? Maybe counselling of some sort might be a good idea for him?

 

[scylla]

I’m so unhappy here in Australia and hate being away from my family. I wonder if the kids and I arrived here first and then we applied for TRP after so he would be joining his family ?

Short answer is yes - you can certainly do that. However no guaranteed the TRP will be approved. So you need to have a plan for what you will do as a family if it's refused.

 

[evdm]

I would also recommend seeking counsel from an experienced lawyer in these matters. I am not a lawyer, but on the face of it and from what I do know, it will probably be very difficult for your husband to be admitted into Canada. Unfortunately he (and you and your daughter) will have to live with the poor decisions from his past and while it may not seem 'fair' or 'right' to you as you are confronted with these issues, these are the policies of Canadian Immigration Law.

Personally, I am happy that Canada takes such a hard-line stance on impaired driving. I wish more could be done to prevent it, and the many unnecessary deaths caused by reckless individuals who get behind the wheel intoxicated.

 

[keesio]

I would also recommend seeking counsel from an experienced lawyer in these matters.

Yes, 100% agree. A good, reputable lawyer is recommended (hey this site is run by an immigration law firm!). This is a complex case with many hurdles. Good legal counsel is a must in this situation.

 

[canuck78]

Would also mention that TRP doesn’t allow him to work. If his income is necessary this is likely not an option unfortunately.

 

[scylla]

Would also mention that TRP doesn’t allow him to work. If his income is necessary this is likely not an option unfortunately.

If the TRP granted is six months or longer, this gives the holder the ability to apply for an OWP.

 

[canuck_in_uk]

Hi - I am Canadian and my husband is Aussie. We have been living in Australia for five years but want to come back to Canada. Hubby and I have a baby girl who was born in Australia. Hubby has a criminal record which in 2014 he got criminal rehabilitation so he could come to Canada but since then has gotten a DUI, amongst a few other driving charges. All this year is there anyway at all he can come to Canada? His daughter will be in Canada, is there some sort of compassionate grounds so that he could be with his child??

The fact that he already had a criminal record and had to apply for rehabilitation is a huge negative. It shows a pattern of criminality, not just a one-off. The fact that the DUI is this year is also a huge negative. He is a higher risk to offend in Canada. Given the criminal pattern and the seriousness of DUI in Canada, I would expect pretty much no chance of a TRP being approved. His reason in wanting to be with you and the child dies not trump the responsibility of the government to protect Canadians from threats such as drunk drivers.

As said by others, if you want even the smallest chnace of approval, get a good lawyer.

 

[StephanH]

Hi - I am Canadian and my husband is Aussie. We have been living in Australia for five years but want to come back to Canada. Hubby and I have a baby girl who was born in Australia. Hubby has a criminal record which in 2014 he got criminal rehabilitation so he could come to Canada but since then has gotten a DUI, amongst a few other driving charges. All this year is there anyway at all he can come to Canada? His daughter will be in Canada, is there some sort of compassionate grounds so that he could be with his child??

When you have a child you would think taking extra precautions not breaking any laws for the sake on someone's family, specially when you have plans to move in another Country that has strict immigration laws. I would think that your child is also a Canadian citizen now? This is all so sad for you and it's not your fault. Your husband could try other means in trying to secure a visa but it will be hard considering his recent driving charges. I'm sure their could be hope, take the suggestions and get a good lawyer, I see hope since you have a child and it's also Canadian Good Luck!