Hello everyone,
I have received a procedural fairness letter from immigration Canada. Just to give you a little bit of background I did got caught and was charged with DUI to which I pleaded guilty. I was prohibited from driving for one year which completed in March this year. Last year I applied for PR under the provincial nominees' program, I have passed my medical and was asked to submit the PR fee, which I did. And now I have received a letter which reads;
This is in reference to your application for permanent residence in Canada.
After careful and thorough consideration of all aspects of your application and the supporting information provided it appears that you do not meet the requirements for a permanent residence visa. Because you are a person described in paragraph 36(1) (a) of the immigration and refugee protection act. You would, therefore, be criminally inadmissible to Canada.
1) paragraph 36(1) (a) renders inadmissible a foreign national on grounds of criminality for having been convicted in Canada of an offense under an act of parliament punishable by way of indictment or of two offenses under any act of parliament not arising out of a single occurrence.
You have been convicted in Canada on about March 05 2018 of an offense under Article 253(1)(B) 255(1)CC with a blood alcohol content of 80 mg namely driving under influence_ Blood alcohol content this offense would be punishable by way of indictment under section 320.14(1) of CCC punishable by up to 10 years imprisonment.
Subsection 11(1) of the act states that the visa or document shall be issued if following an examination the officer is satisfied that the foreign national is not admissible and meets the requirements of this act. It appears that you are inadmissible for the reasons set out above. Before I make a final decision, you may submit additional information relating to your criminal background.
You must provide any additional information within 30 days from the date of this letter.
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I made a big mistake I know that. But I have learned my lesson, I gave up drinking the very day I was caught, trying to help a friend reach home after he broke his car in front of my house.
I have worked really hard to come this far. I am in a situation that I can not figure out how to handle. I am here in Canada with my wife, my 9 years old son who goes to school, my 4 months old daughter who is born here hence a Canadian Citizen. I lost my father last month who was visiting me here in Canada and had a stroke from which he could not recover. my visa runs out in January 2020. I desperately need help.
What do you think, what do I need to do to get myself out of this situation and get my permanent residence.
I went to see a pardon officer who said that I can not apply for pardon as of now because it's too early. She pointed out that in the letter it says the charge is indictment which as per her means someone was hurt, but no one was hurt / there was no accident. They pulled me over and took me to the police station for the test. I just checked on the court papers it says summary conviction, not an indictment.
I have received a procedural fairness letter from immigration Canada. Just to give you a little bit of background I did got caught and was charged with DUI to which I pleaded guilty. I was prohibited from driving for one year which completed in March this year. Last year I applied for PR under the provincial nominees' program, I have passed my medical and was asked to submit the PR fee, which I did. And now I have received a letter which reads;
This is in reference to your application for permanent residence in Canada.
After careful and thorough consideration of all aspects of your application and the supporting information provided it appears that you do not meet the requirements for a permanent residence visa. Because you are a person described in paragraph 36(1) (a) of the immigration and refugee protection act. You would, therefore, be criminally inadmissible to Canada.
1) paragraph 36(1) (a) renders inadmissible a foreign national on grounds of criminality for having been convicted in Canada of an offense under an act of parliament punishable by way of indictment or of two offenses under any act of parliament not arising out of a single occurrence.
You have been convicted in Canada on about March 05 2018 of an offense under Article 253(1)(B) 255(1)CC with a blood alcohol content of 80 mg namely driving under influence_ Blood alcohol content this offense would be punishable by way of indictment under section 320.14(1) of CCC punishable by up to 10 years imprisonment.
Subsection 11(1) of the act states that the visa or document shall be issued if following an examination the officer is satisfied that the foreign national is not admissible and meets the requirements of this act. It appears that you are inadmissible for the reasons set out above. Before I make a final decision, you may submit additional information relating to your criminal background.
You must provide any additional information within 30 days from the date of this letter.
#######
I made a big mistake I know that. But I have learned my lesson, I gave up drinking the very day I was caught, trying to help a friend reach home after he broke his car in front of my house.
I have worked really hard to come this far. I am in a situation that I can not figure out how to handle. I am here in Canada with my wife, my 9 years old son who goes to school, my 4 months old daughter who is born here hence a Canadian Citizen. I lost my father last month who was visiting me here in Canada and had a stroke from which he could not recover. my visa runs out in January 2020. I desperately need help.
What do you think, what do I need to do to get myself out of this situation and get my permanent residence.
I went to see a pardon officer who said that I can not apply for pardon as of now because it's too early. She pointed out that in the letter it says the charge is indictment which as per her means someone was hurt, but no one was hurt / there was no accident. They pulled me over and took me to the police station for the test. I just checked on the court papers it says summary conviction, not an indictment.