Canada, Breaking up the family unit

[mb23]

I know that the above headline may sound harsh but i am afraid to say its very true.

I met my Canadian wife 3 years ago in Ireland, she was on a 1 year working permit and when that was up i went to canada on a similar visa, being young and stupid and free i stupidly had 3 drinks one night and got pulled over and blew over .80, i went to court and the charge against me was a summary offence, i got a 1 year ban and a fine. When my visa was up my then fiancee and I came back to ireland and we wed shortly after. After that she fell pregnant with our first child and we immediately decided that we wanted to bring our kids up in Canada so then we begun the sponsorship process for me to go to canada (that was 1 year ago) Just this friday I was informed that I could not join my wife in and newborn in canada and i will not be able to do so for 4 more years.

This is a disgrace, considering canada is underpopulated and i am highly qualified in my field (finance). I am sorry this is not a case of protecting canada's border from a hardcore criminal, it is a farce of the highest nature. It breaks up families and now I can not be with my wife and child in canada for 4 years. It appears that i will see my child and wife about 8 times during his first 4 years.

 

[ariell]

Right, so it's "Canada's" fault that you decided to drink and drive that night???! Give me a frigging break. Learn to take some responsibility for your own actions. Canada is not breaking up your family. You are. You can always go and live together in Ireland.

 

[mb23]

Indeed i am not to blame, on cic's website there is a mission statement about how canada re-unites families etc etc. I had 3 drinks, and blew a .82, a cop get's slammed in surrey, bc kills a motorcyclist and gets a slap on the wrist and told not to do it again.

I take responsibility for having 3 drinks over 2 hours and driving home. but surely it does not warrent being apart from my family for 4 years.

again it is a farce!!!

 

[colsy]

Ariell cut the guy some slack. He is hurting and wants to let off some steam. Yes, I agree it was a stupid stupid mistake to make, but we all make mistakes. I can't stand people that never or claim never to make mistakes.

Drink driving is one thing I don't appreciate especially if and when they take a life due their own irresponsibility and lack of respect for others.

However, this guy, I hope will learn from his mistake and become wiser for it. I think waiting 4 years is harsh, and if there is anyway around it I hope you can get to Canada a lot earlier.....as a teetotaller

 

[IsleChik]

I'm not sure why this was a surprise to you
It's very clear on CIC's website how they handle past criminal charges
You always have the option of sponsoring your wife to the UK
The child(ren) are dual citizens - so no issues there

Even after 5 years it is not an "automatic" - you have to apply for rehabilitation

Side note - not sure how big those "drinks" were but I'm not buying "3 drinks in 2 hours" and winding up at .082
Note - if it was .8 - you'd be dead
My source
http://www.ou.edu/oupd/bac.htm ...and commonsense

 

[mb23]

Why on earth would I sponsor my wife to go to the UK?

and it was 3 pints of german lager i had.

and no body asked you to buy my story.. i'm just putting it out into the public domain.

 

[chatchaser]

I know that the above headline may sound harsh but i am afraid to say its very true.

I met my Canadian wife 3 years ago in Ireland, she was on a 1 year working permit and when that was up i went to canada on a similar visa, being young and stupid and free i stupidly had 3 drinks one night and got pulled over and blew over .80, i went to court and the charge against me was a summary offence, i got a 1 year ban and a fine. When my visa was up my then fiancee and I came back to ireland and we wed shortly after. After that she fell pregnant with our first child and we immediately decided that we wanted to bring our kids up in Canada so then we begun the sponsorship process for me to go to canada (that was 1 year ago) Just this friday I was informed that I could not join my wife in and newborn in canada and i will not be able to do so for 4 more years.

This is a disgrace, considering canada is underpopulated and i am highly qualified in my field (finance). I am sorry this is not a case of protecting canada's border from a hardcore criminal, it is a farce of the highest nature. It breaks up families and now I can not be with my wife and child in canada for 4 years. It appears that i will see my child and wife about 8 times during his first 4 years.

how long ago did this over 80 charge happen? 3 yrs from that time u are eligible for a Canadian Pardon which basically erases your criminal record in Canada(not completely but it cannot be used against you you are considered rehabilitated). I can tell you exactly how to do this I do this for a living.

Also, you can apply for a Canadian Waiver, which is advanced permission to enter canada for ppl with a criminal record. There is no possible way it would take 4 years before you can go to canada.

 

[PMM]

Hi

I know that the above headline may sound harsh but i am afraid to say its very true.

I met my Canadian wife 3 years ago in Ireland, she was on a 1 year working permit and when that was up i went to canada on a similar visa, being young and stupid and free i stupidly had 3 drinks one night and got pulled over and blew over .80, i went to court and the charge against me was a summary offence, i got a 1 year ban and a fine. When my visa was up my then fiancee and I came back to ireland and we wed shortly after. After that she fell pregnant with our first child and we immediately decided that we wanted to bring our kids up in Canada so then we begun the sponsorship process for me to go to canada (that was 1 year ago) Just this friday I was informed that I could not join my wife in and newborn in canada and i will not be able to do so for 4 more years.

This is a disgrace, considering canada is underpopulated and i am highly qualified in my field (finance). I am sorry this is not a case of protecting canada's border from a hardcore criminal, it is a farce of the highest nature. It breaks up families and now I can not be with my wife and child in canada for 4 years. It appears that i will see my child and wife about 8 times during his first 4 years.

how long ago did this over 80 charge happen? 3 yrs from that time u are eligible for a Canadian Pardon which basically erases your criminal record in Canada(not completely but it cannot be used against you you are considered rehabilitated). I can tell you exactly how to do this I do this for a living.

Also, you can apply for a Canadian Waiver, which is advanced permission to enter canada for ppl with a criminal record. There is no possible way it would take 4 years before you can go to canada.

1. The crime has to have been committed in Canada to apply and receive a Canadian pardon.
2. There is no such thing as a "waiver" the OP either has to wait till 5 years have passed since the end of the sentence to apply for rehabilitation or can request a Temporary Resident Permit (TRP) in conjunction with the sponsorship application of his wife.

"A TRP is a discretionary document that will be issued only where justified by exceptional circumstances and must not be confused with a Temporary Resident VISA (TRV).

A temporary resident permit may be issued to an inadmissible person to allow him or her to enter or remain in Canada, if their entry is justified by compelling circumstances and they are not a danger to public health or safety in Canada. Cost-recovery fees apply. This permit may be cancelled at any time, and the person may be subject to an admissibility hearing or a removal order. A permit is issued for a specified, often short, period—for example, for a week so that the person can attend a conference."

3. The information the OP requires to obtain a TRP is here: http://www.cic.gc.ca/english/resources/manuals/op/op20-eng.pdf

PMM

 

[chatchaser]

Hi

I know that the above headline may sound harsh but i am afraid to say its very true.

I met my Canadian wife 3 years ago in Ireland, she was on a 1 year working permit and when that was up i went to canada on a similar visa, being young and stupid and free i stupidly had 3 drinks one night and got pulled over and blew over .80, i went to court and the charge against me was a summary offence, i got a 1 year ban and a fine. When my visa was up my then fiancee and I came back to ireland and we wed shortly after. After that she fell pregnant with our first child and we immediately decided that we wanted to bring our kids up in Canada so then we begun the sponsorship process for me to go to canada (that was 1 year ago) Just this friday I was informed that I could not join my wife in and newborn in canada and i will not be able to do so for 4 more years.

This is a disgrace, considering canada is underpopulated and i am highly qualified in my field (finance). I am sorry this is not a case of protecting canada's border from a hardcore criminal, it is a farce of the highest nature. It breaks up families and now I can not be with my wife and child in canada for 4 years. It appears that i will see my child and wife about 8 times during his first 4 years.

how long ago did this over 80 charge happen? 3 yrs from that time u are eligible for a Canadian Pardon which basically erases your criminal record in Canada(not completely but it cannot be used against you you are considered rehabilitated). I can tell you exactly how to do this I do this for a living.

Also, you can apply for a Canadian Waiver, which is advanced permission to enter canada for ppl with a criminal record. There is no possible way it would take 4 years before you can go to canada.

1. The crime has to have been committed in Canada to apply and receive a Canadian pardon.
2. There is no such thing as a "waiver" the OP either has to wait till 5 years have passed since the end of the sentence to apply for rehabilitation or can request a Temporary Resident Permit (TRP) in conjunction with the sponsorship application of his wife.

"A TRP is a discretionary document that will be issued only where justified by exceptional circumstances and must not be confused with a Temporary Resident VISA (TRV).

A temporary resident permit may be issued to an inadmissible person to allow him or her to enter or remain in Canada, if their entry is justified by compelling circumstances and they are not a danger to public health or safety in Canada. Cost-recovery fees apply. This permit may be cancelled at any time, and the person may be subject to an admissibility hearing or a removal order. A permit is issued for a specified, often short, period—for example, for a week so that the person can attend a conference."

3. The information the OP requires to obtain a TRP is here: http://www.cic.gc.ca/english/resources/manuals/op/op20-eng.pdf

PMM

1. he said he got the charge while in canada on a visa,so the crime WAS committed in canada.therefore,he CAN get a canadian pardon.a pardon is the same as rehabilitation,and he does NOT have to wait 5 years,that's for indictable offences,for summary convictions it is 3 years from the time of conviction.AND he can get started sooner just wont be granted the pardon until the 3 years have passed.from the sounds of it,it's already been a couple years for this guy.

2. TRP sounds like the canadian version of a waiver.I work only with US waivers.the terminology may be different but it is essentially the same thing.advanced permission to enter the country when you have a criminal record.

 

[Paddyboy]

I'd advise you to apply for rehabilitation or a pardon. You'll almost certainly need a solicitor for this.

http://www.cic.gc.ca/english/information/applications/guides/5312E3.asp

Unfortunately you won't get much much help from politicians etc as anything to do with criminality they are loath to touch. You might still be able to visit by applying for a TRP at the consulate in London.
Let us know how this unfolds but what ever you do don't give up or listen to that crap about your wife having to go & live in Ireland with you, that's a load of nonsense. You made mistake time to move on. But be prepared for a long wait.

 

[rjessome]

Sounds like this was only a year or so ago. Apply for a TRP like PMM suggested. This is Canada's way of offering an alternative to NOT force families apart. You can apply for a work permit with a TRP and then just wait two more years to apply for a pardon. If you get it, send it to CIC and they will continue processing the PR application and Bob's your uncle! It doesn't all have to be doom and gloom yet. Just be a little patient. By the way, the UK has similar laws about criminal offences and inadmissibility.

He's not eligible for a pardon yet, whether indictable or summary offence.

 

[genio]

There is an irony ( of sorts ) here. I am not at all for drinking and driving, but, does anyone remember what B.C.'s premier committed a few years ago in Hawaii?

 

[mb23]

Hello all,

first of all thank you for the positive response to a very angry first post. I have been in touch with a lawyer in Canada and she informed me that impaired driving in canada is a hybrid offence (meaning the courts can either convict you of a summary or indictable offence) and for immigration and every other purpose hybrid offences are seen as indictable offences regardless of how the conviction was pursued. However my lawyer said she will fight this case tooth and nail to have it seen as a summary only offence. It's all alot of legal mumbo jumbo that I am really confused by

My license suspension ended last year therefore i will for sure be able to apply for rehabilitation in 4 years.
But i'm crossing my fingers.

I will keep you posted on how this pans out.

 

[chatchaser]

even if it is seen as an indictable offense,it is counting form the time of ur conviction unless u got probation.then it counts from the time ur probation ended.license suspencion is not probation.you should call the National Parole Board, you can google their website.they will answer all ur questions about getting a pardon.and the forms are there too.if u need help u can send me a PM or they have a toll free number.

Hello all,

first of all thank you for the positive response to a very angry first post. I have been in touch with a lawyer in Canada and she informed me that impaired driving in canada is a hybrid offence (meaning the courts can either convict you of a summary or indictable offence) and for immigration and every other purpose hybrid offences are seen as indictable offences regardless of how the conviction was pursued. However my lawyer said she will fight this case tooth and nail to have it seen as a summary only offence. It's all alot of legal mumbo jumbo that I am really confused by

My license suspension ended last year therefore i will for sure be able to apply for rehabilitation in 4 years.
But i'm crossing my fingers.

I will keep you posted on how this pans out.

 

[rjessome]

Hello all,

first of all thank you for the positive response to a very angry first post. I have been in touch with a lawyer in Canada and she informed me that impaired driving in canada is a hybrid offence (meaning the courts can either convict you of a summary or indictable offence) and for immigration and every other purpose hybrid offences are seen as indictable offences regardless of how the conviction was pursued. However my lawyer said she will fight this case tooth and nail to have it seen as a summary only offence. It's all alot of legal mumbo jumbo that I am really confused by

My license suspension ended last year therefore i will for sure be able to apply for rehabilitation in 4 years.
But i'm crossing my fingers.

I will keep you posted on how this pans out.

Ummmm... what's your lawyer going to do? Change the Criminal Code of Canada to make it a summary offence only? Or change the Immigration and Refugee Protection Act to change how they view hybrid offences? You were ALREADY convicted summarily! She can't do anything for you. Wait two more years and apply for a pardon.