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Changing Work Visa to Visitor while waiting for PR (with DUI)

M

mcg

Guest
Hello,
A quick background:
- I am a Canadian citizen living in Canada. My partner is a New Zealand citizen and currently applying for PR under family class (common law sponsorship, outland way, application to be submitted in the next week or so).
- My partner has been visiting Canada since 2008 (for 6 month periods, visa exempt). In 2011 he applied and received a Working Holiday Visa. The Visa expired on April 19, 2012.
- He has a DUI conviction from 2001, sentenced served by May 2002. From what we understand, he will be deemed rehabilitated by May 2012.
- The DUI was never declared in prior entries into Canada (never asked at POE when entering without a visa and not declared in Working Holiday Application based on advice received at the time - and he actually has no conviction on his NZ record as minor offences get wiped out after about 7 years)
- He wants to remain in Canada while we wait for his PR application to be processed. Given current wait times, that would be end of 2012.

Question:
- Should he apply online at CIC for a change of status (and come clean about DUI) or leave Canada at end of Working Holiday Visa and re-enter at POE (say at US border) and mention PR application. I can support him during the PR wait time.

We are concerned about the DUI and the fact it hasn't been declared yet and we want to avoid ending up in a situation where my partner has to return to NZ to wait out the PR process.

Any other ideas?

Thanks!!