criminal inadmissibiltiy and partner sponsorship

[JJandCJ]

Hello,

I've been researching this forum and Canadian Immigration website but haven't had much luck finding useful information given there are so many variables with our situation.

Here's the info:
CJ was charged with DUI in Australia in 2011. He came to Canada as a tourist for six months 2011-2012 and was not asked at the border about any criminal convictions, so innocently did not know he was technically "inadmissable" at the time (he crossed the border from the US three times with no issue). CJ met JJ (a Canadian citizen) and they fell in love. CJ had to return to Australia once the maximum 6 months of his tourist term was up. He attempted to return to Canada four months later and was detained by Canadian Customs at the Vancouver airport.

At this time, CJ was first told he was inadmissable due to his DUI charge. The Customs officers searched his laptop and cell phone and found messages that implied he had worked under the table for a brief time during his first trip to Canada, and that he intended to work again during his second trip. The Customs officer sent CJ back to Australia with paperwork that said it was the Officer's opinion that CJ intended to work illegally (no work permit) and that he was not allowed into Canada for any reason within the next year. He also noted that CJ could apply for a TRP until he is considered rehabilitated (5 years after his DUI sentence is fully served, which will be in 2018). In the meantime, JJ went to Australia for 18 months as a tourist and we have been living together so can be considered "common law" partners.

A couple months ago, CJ applied for a TRP to enter Canada even briefly to meet JJ's parents. We are not confident that his application will be approved, and we'd prefer to settle somewhere longer than temporarily. We are currently traveling around Europe as neither of us can remain in each other's country. So we are looking into other options, including JJ sponsoring CJ as a common law partner to be in Canada. It's frustrating to get any straightforward answers and we aren't in a position to hire a lawyer.

Questions:
1. Does CJ need to get a response (approved or denied) about his TRP application before we apply for a common law partner sponsorship?

2. Does CJ need to be considered "rehabilitated" first in order to be considered for a partner visa?

3. Is there anyone other than a lawyer who we can contact for some advise by phone or in person? (This forum is great but it's always nice to speak with someone.)

4. Any idea of the timelines for the TRP application and partner immigration process?

Thanks so much for any insight you can provide!!

 

[scylla]

I don't know the timelines for a TRP approval.

Before you can sponsor your partner for PR, he will first have to qualify for rehabilitation. Unfortunately he won't qualify for rehabilitation until five years have passed since he finished his sentence / paid his fine for the DUI. So the earliest he will qualify for rehab and qualify to be sponsored by you for PR is 2016.

This forum is paid for by an immigration lawyer (David Cohen). I have no first hand experience with him - but you can certainly contact him for advice.

 

[scylla]

I see I didn't read your post closely enough (sorry about that). If your partner isn't eligible for rehab until 2018 - then you will have to hold off sponsoring him for PR as your common law partner until then.

 

[bartjones]

I see I didn't read your post closely enough (sorry about that). If your partner isn't eligible for rehab until 2018 - then you will have to hold off sponsoring him for PR as your common law partner until then.

Agreed. There is nothing you can do until he's eligible for criminal rehabilitation in 2018. My wife also had a DUI which made her inadmissible. Luckily for us she was eligible for and was granted rehabilitation .

I would imagine you filed your TRP application outland so I don't know how helpful this information is, but when my wife applied for a TRP here in Canada it took about 4 months to be processed.

 

[Mrs.Purcy]

Your partner could try not being irresponsible, reckless and careless by not driving while under the influence? Maybe then they won't be inadmissible. Your partners irresponsibility has now made them unable to enter Canada for a very long time. Sorry, I kind of have no empathy for people who drive under the influence. It is a very preventable charge, and conviction there is no excuse for it whatsoever. Now both of you have to deal with the consequences...

 

[JJandCJ]

Thank you to Scylla and bartjones for your replies. Your information confirms what we suspected.

To Mrs. Purcy - No thanks to you for your response. I think it would be a lot better for this forum (and all others) if you kept your judgements to yourself. FYI his charge was "failure to provide a breath sample" which holds the same charge as a DUI in Canada. He tried to provide a sample a total of 11 times at the roadside test but the breathalyzer failed to give a reading. At court, his lawyer was hopeless and what should have been a simple dismissed case was given a harsh sentence. So, yes we are dealing with the consequences, but no, your assumptions are not correct.

 

[taffy7]

Thank you to Scylla and bartjones for your replies. Your information confirms what we suspected.

To Mrs. Purcy - No thanks to you for your response. I think it would be a lot better for this forum (and all others) if you kept your judgements to yourself. FYI his charge was "failure to provide a breath sample" which holds the same charge as a DUI in Canada. He tried to provide a sample a total of 11 times at the roadside test but the breathalyzer failed to give a reading. At court, his lawyer was hopeless and what should have been a simple dismissed case was given a harsh sentence. So, yes we are dealing with the consequences, but no, your assumptions are not correct.

+1 this forum is for advice not judgment.

 

[Mrs.Purcy]

Thank you to Scylla and bartjones for your replies. Your information confirms what we suspected.

To Mrs. Purcy - No thanks to you for your response. I think it would be a lot better for this forum (and all others) if you kept your judgements to yourself. FYI his charge was "failure to provide a breath sample" which holds the same charge as a DUI in Canada. He tried to provide a sample a total of 11 times at the roadside test but the breathalyzer failed to give a reading. At court, his lawyer was hopeless and what should have been a simple dismissed case was given a harsh sentence. So, yes we are dealing with the consequences, but no, your assumptions are not correct.

He needed a breathalyzer. People that don't drink and drive don't need to do breathlyzers, don't get pulled over for suspicion of DUI. He was given a harsh sentence because Canada takes DUI very seriously and they are right to! No ifs or buts. It's a very preventable thing that ruins many people's lives for no reason other than the driver being severely irresponsible and showing a major disregard for the well being of the lives around them. I don't really care if you think I'm being judgmental. You try knowing people that have been victims of careless irresponsible people that decide to drive under the influence and come back and try again.

Your husband is inadmissible, you can try to use any excuse you want to mitigate the seriousness of things all you like. It is what it is. He can try again for rehabilitation within 10 years and maybe, just maybe you can start the PR process. You can ignore what many informed people will say just because you don't like it, doesn't mean it isn't true. To be honest I don't think it has anything to do with the "bad" lawyer, like I said DUI is serious here.. I highly doubt any lawyer would dismiss it. This forum is very helpful yes, but I'm not going to sit here and sugar coat a reality for you and your partner just because you're too sensitive and unwilling to accept the reality of a very serious criminal offense! You can try to go to America, they are very lenient to Canada in comparison when it comes to DUI, perhaps?

Ps it also didn't help your partner or whoever this pertains to's case due to the fact that they worked under the table assuming without proper documentation. That is a big no no. I'm not trying to be mean, but in collaboration with the recent DUI charge and being caught working under the table and having plans to continue doing so, I don't see a chance of this person getting into Canada long term in the near future. The DUI is a big no no. Working under the table with no proper documentation under the table is a big no no. You can try again in 10+ years MAYBE. googling this would have given you answers by the way.. answers yahoo has many results with this topic. Again you can ignore me all you like, I wasn't being rude or offensive I was being straight forward with you. Your partner or whoever this person is, is inadmissible criminally and the fact that CIC caught evidence of this person working illegally and planning to continue to do so greatly minimizes their chance of getting in. Call me whatever you'd like but a lawyer, immigration officer, etc. will tell you the exact same thing.


Also this CJ character would need to be approved for rehabilitation before applying. Needs to be done before entry into Canada. Ignore me all you like, don't be so sensitive, I'm giving you helpful advice. Take it or leave it. You can try if you want but you'd be pressing your luck...

 

[bartjones]

You're missing the point entirely. The OP is not interested, nor I suspect is anyone else in this thread, in your views on the morality of impaired driving. She's asking for advice on an immigration issue, not your unsolicited, gratuitous opinions an the rectitude of such behavior.

If you want to pontificate on the evils of impaired driving I'm quite certain there are any number of places on the internet where you are quite welcome to do so. Unfortunately, this thread is probably not one of them.

 

[JRPW]

Ignore me all you like, don't be so sensitive, I'm giving you helpful advice. Take it or leave it.

Practice what you preach. I seem to remember you commenting about your Irish partner. Correct me if I'm wrong, but he was charged with assault, wasn't he? I have a very low opinion of men who feel the need to take out their aggression using their fists. Canada doesn't need these types of neanderthals.

 

[JJandCJ]

Much appreciated bartjones and JRPW.