Criminal inadmissibility???

[canamconnect]

I REALLY hope some one can help.

Situation is this: Met Hubby online in April 2009.He came here in August 2009 and never left. (Yes we realize not the right way to do things, we were desperate as neither could afford multiple trips back and forth.)

At the point he was here for 2 years we got married and had saved the money for the PR app. He had a DUI in Early 2008 and received the sentence to lose his license for 1 year and pay a fine. He ended up coming here but had not paid the fine.

We received (what we realize now is bad advice) from a lawyer that said we had to wait for 5 years after the end of the 1 year time he lost his license so he could apply for rehabilitation. So we waited.

I have just recently finished filling in all the app & owp forms, started looking at the rehabilitation form to fill that out and had a NASTY shock. As he has not paid his fine (lack of funds due to he cannot work) he cannot apply for rehabilitation?! And even if he paid it right now we then would have to wait another 5 years?!

Let's just say there has been a lot of crying.

Has ANYONE heard of any exception to the 5 year rule (as in we submit his app + owp + restoration of status + rehabilitation after paying the fine)? Help desperately required!! We are feeling rather hopeless....

 

[canamconnect]

Should also mention this is the only charge he has ever had.

 

[scylla]

I think it's certainly worth a shot. You definitely have to pay the fine before you can submit the rehab application (without paying the fine his sentence is obviously not complete). Whether or not CIC will count the five years from the time you paid the fine vs. completed the license suspension - I think you'll just have to wait and see and hope for the best.

 

[canamconnect]

Thank you! A friend I met on here went through something similar (still is) and yeah she said he has now been here 4 years on TRP/OWP that they keep renewing (currently applying for 4th renewal). His was a lesser charge however and was obtained here in Canada.

So at this point if I have everything correctly we will be sending in his Principal applicant app, my sponsorship app, the TRP/OWP (with the understanding the TRP will act as a restoration of status as he has been out of status for years). No point in sending the medical or even doing it yet as we know the PR app is going to be refused on criminal inadmissibility but we will unfortunately have to do the background check part now as I believe that is required for the OWP?

I think we have every nasty scenario possible covered in our situation short of neither of us has dependant children!

 

[scylla]

It sounds fine to me with the exception of the TRP. To the best of my knowledge you can't apply for a TRP from within Canada to restore your status. Because your husband is out of status, he unfortunately won't benefit from the OWP pilot program which would grant him an OWP four months after the application is submitted.

 

[PMM]

Hi

It sounds fine to me with the exception of the TRP. To the best of my knowledge you can't apply for a TRP from within Canada to restore your status. Because your husband is out of status, he unfortunately won't benefit from the OWP pilot program which would grant him an OWP four months after the application is submitted.

1. The OP better determine if there is an arrest out for the non payment of the fine. Don't forget CIC has access to the FBI data base.

 

[bigredmoose]

Hi


1. The OP better determine if there is an arrest out for the non payment of the fine. Don't forget CIC has access to the FBI data base.

This was my concern as well - unpaid fine could lead to a warrant for his arrest and additional charges.

 

[Alurra71]

Hi


1. The OP better determine if there is an arrest out for the non payment of the fine. Don't forget CIC has access to the FBI data base.

A DUI would be 'processed' locally with the local police office that arrested him and the fine would be due to the court, it is highly unlikely that it will show up on an FBI report at all, however, he would likely need to produce a state police certificate as well to show the disposition of the DUI.

 

[bartjones]

A DUI would be 'processed' locally with the local police office that arrested him and the fine would be due to the court, it is highly unlikely that it will show up on an FBI report at all, however, he would likely need to produce a state police certificate as well to show the disposition of the DUI.

Correct. If CIC has concerns about the DUI (and they almost certainly will) they will request some form of proof from the jurisdiction showing when the fine was paid. In my wife's case they requested something called a Certificate of Payment of Penalty from the Korean court that processed her DUI conviction.

 

[canamconnect]

I have already checked with the Circuit Court and they advised there is no Warrant for his arrest (apparently they don't do that, they just send it to their collection department and tack 30% on it).

As for the TRP I know someone that I met through these forums that is going through almost the exact thing we are and CBSA actually found out he was here due to a new charge (minor) that resulted in a fine. Long story short CBSA made them apply for PR within 30 days (which was ultimately denied due to Criminal inadmissibility) but in the meantime they applied for (and got) a TRP to restore his status and he also received an OWP (this was before the pilot program). They did have to write a letter to go with the apps to explain why he should be allowed to remain in Canada while waiting for his PR so he would have a better chance to get the TRP...they are married and have a child together and he had been here more than 5 years already so had a life here.

We are in that same boat just minus the children. We do have a 1 year old Granddaughter, been married for 4 years, he is close with my family and we have a circle of friends. This may or may not be enough to convince them to get a TRP. My friend told me if they approve the TRP they are more likely to approve an OWP.

As a side note he has been here now for 4 years on TRP's and OWP's and they have just applied for another extension (they are aware they likely won't get the extension on the OWP due to the 4 year rule)

Just food for thought for everyone. I am so grateful for these forums as I likely would have driven myself insane with all this by now!

 

[Poojan Khakhar]

Hello Dear,

I am also in kind of same boat. I have unnoticed traffic court fine (as it came after i left Australia) of $ 400 and i recently came to know about it through AFP Police Clarence as it is mentioned on it. I am going to settle it soon as i just have to come to know. But i am not sure if it will be problem to apply further visa ?

 

[Poojan Khakhar]

I have already checked with the Circuit Court and they advised there is no Warrant for his arrest (apparently they don't do that, they just send it to their collection department and tack 30% on it).

As for the TRP I know someone that I met through these forums that is going through almost the exact thing we are and CBSA actually found out he was here due to a new charge (minor) that resulted in a fine. Long story short CBSA made them apply for PR within 30 days (which was ultimately denied due to Criminal inadmissibility) but in the meantime they applied for (and got) a TRP to restore his status and he also received an OWP (this was before the pilot program). They did have to write a letter to go with the apps to explain why he should be allowed to remain in Canada while waiting for his PR so he would have a better chance to get the TRP...they are married and have a child together and he had been here more than 5 years already so had a life here.

We are in that same boat just minus the children. We do have a 1 year old Granddaughter, been married for 4 years, he is close with my family and we have a circle of friends. This may or may not be enough to convince them to get a TRP. My friend told me if they approve the TRP they are more likely to approve an OWP.

As a side note he has been here now for 4 years on TRP's and OWP's and they have just applied for another extension (they are aware they likely won't get the extension on the OWP due to the 4 year rule)

Just food for thought for everyone. I am so grateful for these forums as I likely would have driven myself insane with all this by now![/Q

I have already checked with the Circuit Court and they advised there is no Warrant for his arrest (apparently they don't do that, they just send it to their collection department and tack 30% on it).

As for the TRP I know someone that I met through these forums that is going through almost the exact thing we are and CBSA actually found out he was here due to a new charge (minor) that resulted in a fine. Long story short CBSA made them apply for PR within 30 days (which was ultimately denied due to Criminal inadmissibility) but in the meantime they applied for (and got) a TRP to restore his status and he also received an OWP (this was before the pilot program). They did have to write a letter to go with the apps to explain why he should be allowed to remain in Canada while waiting for his PR so he would have a better chance to get the TRP...they are married and have a child together and he had been here more than 5 years already so had a life here.

We are in that same boat just minus the children. We do have a 1 year old Granddaughter, been married for 4 years, he is close with my family and we have a circle of friends. This may or may not be enough to convince them to get a TRP. My friend told me if they approve the TRP they are more likely to approve an OWP.

As a side note he has been here now for 4 years on TRP's and OWP's and they have just applied for another extension (they are aware they likely won't get the extension on the OWP due to the 4 year rule)

Just food for thought for everyone. I am so grateful for these forums as I likely would have driven myself insane with all this by now!

did you application approved ?