Search results

no worries, thanks for all the advice. I will keep you guys updated. I am going to try coming back to Canada since my case is still pending. I am have already accepted the situation if I am denied entry

Hi, it has been 5 years from the time of the offence. But due to the covid, and court back log delays I was only convicted 2 months ago

Thanks buddy, and yes I have given up drinking/ driving long time back. I was very young when this offence occurred and today I have grown up and learnt for may mistakes. My confusion right now is that, i am a foreign national not a PR yet. So I might still be denied entry at the border, since a...

Hi, Thanks for your well wish. It was indeed a rough and a pretty long path. My offence was prior to December 2018 and falls under the old law. The judge has given me a sentence based on the laws based on that time. I have left Canada due to an emergency, I am going to take a leap of fate and...

Disgarding my post

Hi, I am also not very sure to answer this question. Definitely its a complicated matter and me myself am still not sure what would happen. What i know and been told is that Rehabilitation is only necessary when there has been an inadmissibility finding based on a conviction. It is not...

Hey guys, so I spoke with my lawyer. And he said the same thing as what @armoured said. Since the sentence available at the time that the offence was committed which was before the new law came into effect. Therefore you would not have been caught under serious criminality per s.36(1)...

Thisss! Thanks for the explanation armoured! Tbh I was a bit confused about this as well, but you answered it. Applaud to you

Thanks Ponga, you raised very good point. I will ask this to my lawyers and post my reply soon.

Hi, thanks for your response. I have spoken to few lawyers and below is what they said. Serious criminality is based on s.36(1) of the IRPA. Serious criminality refers to a permanent resident or a foreign national who has been convicted in Canada of any offence under an Act of Parliament that...

To have a better peace of mind, I actually contacted 2 best immigration lawyers in my city. And both of them said that I am not inadmissible, and chances of deportation is very low given the time has passed since the arrest and the laws that applied during that time.

Hi, from i have been told that since it was my only offence in the 5 years, and I am a low risk offender there is very low risk CBSA will deny me at the border or issue me an deportation order. At the same time my conviction still falls under the old laws which was punishable by maximum 5 year...

Thanks to everyone for the support and help you have shared in this thread. For those who have similar issues and comes back to this thread below is what I found from my lawyer may help everyone. Serious criminality is based on s.36(1) of the IRPA. Serious criminality refers to a permanent...

Thank you everyone, to everyone who recommended I speak to a lawyer was the best advice. As researching about this topic online for an answer was not fully clear.I actually spoke to two different lawyers regarding this and both of them said that DUI arrest prior to 2018 doesn't constitute...

Just a small update I spoke to few different immigration lawyer this week, and they are the best lawyers in my city. They have mentioned that due to the fact that my charges falls under the old DUI laws which has maximum sentence of 5 years. I am not inadmissible, and they said that they are...

Thanks again for your response , I really appreciate it. I am still trying to find some resources regarding this, will also be meeting few lawyers to ask about this. I still havent found a confined answer yet, I have talked to few folks from this forum who were also charged before 2018 and quiet...

Yes @Ponga stand correct, I didnt have a conviction when I applied for my immigration document. I believe everything changes now.

Thanks for your response, I have always declared my charges and updated with IRCC and was still granted a 3 year PGWP until 2025, I also have a travel visa issued. My DUI was sentenced under 253 1(b) which was what it was called before December 19th 2018.

Yes you are right, it was due to covid and backlogs along with both defence and prosecutor trying various options with this case. I am not a PR yet, currently on my work permit. I was waiting for this case to be finally over and then I would have applied. I am kind of confused at this stage now...

Yup it was rare but it was appealed by the crown. We have made an appeal application to the higher court now to reinstate the original discharge but its long down the road that we got the hearing. Currently I have a conviction, and still not sure if I would be issued a deportation order.