Possible.
https://www.canadavisa.com/canada-immigration-discussion-board/threads/dui-conviction-over-10-years-wife-sponsorship.782739/page-2#post-10283356
Start at post #18
And my post (#23)
Deportation order
- Thread starter Nick_01
- Start date
https://www.canadavisa.com/canada-immigration-discussion-board/threads/dui-conviction-over-10-years-wife-sponsorship.782739/page-2#post-10283356
Start at post #18
And my post (#23)
Possible.
https://www.canadavisa.com/canada-immigration-discussion-board/threads/dui-conviction-over-10-years-wife-sponsorship.782739/page-2#post-10283356
Start at post #18
And my post (#23)
Thank you so much, this helped a lot. Really appreciate you sharing this with me. God bless you
TALK TO THE lawyer first.Hi,
Not yet, I just received the conviction this week. I am just currently so shocked and overwhelmed i dont know where to start. I started with this forum to get some additional info and will try to speak to a lawyer next week since its the weekend. I am not sure if I should speak to a CBSA agent and notify them about this
It's also worth mentioning that in BC, a person can be stopped and found to be over the limit (0.08) and NOT be charged. Instead, they are issued an IRP (Immediate Roadside Prohibition) and may not necessarily result in a criminal conviction:
https://www.criminallawyervancouver.com/blog/5-faqs-immediate-roadside-prohibitions/
If you register a ‘fail’ reading on an approved screening device (ASD), the police may decide to proceed under the Criminal Code of Canada, rather than issue an immediate roadside prohibition (IRP). If so, you will be given a 24 hour driving prohibition and taken to the police station for further tests.
So again...at least in BC, it's up to the officer to elevate this to a criminal charge, rather than issuing the IRP. Seems like that should be the policy throughout Canada, IMHO.
https://www.criminallawyervancouver.com/blog/5-faqs-immediate-roadside-prohibitions/
If you register a ‘fail’ reading on an approved screening device (ASD), the police may decide to proceed under the Criminal Code of Canada, rather than issue an immediate roadside prohibition (IRP). If so, you will be given a 24 hour driving prohibition and taken to the police station for further tests.
So again...at least in BC, it's up to the officer to elevate this to a criminal charge, rather than issuing the IRP. Seems like that should be the policy throughout Canada, IMHO.
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You're very welcome. I applaud you for taking the responsibility of your mistake, but before you give up and leave Canada, talk with someone that can give you real answers. I, like most here, have simply shared info that has been gleaned from this amazing community.Thank you so much, this helped a lot. Really appreciate you sharing this with me. God bless you
You're very welcome. I applaud you for taking the responsibility of your mistake, but before you give up and leave Canada, talk with someone that can give you real answers. I, like most here, have simply shared info that has been gleaned from this amazing community.
Thanks buddy, I have taken responsibility. I fought this for many year did everything the court has asked me to and I also believe every action has consequences. I have been facing all these consequences over this years and suffered enough. I would speak to my MP's office next week to see what they advice.
Speak to a lawyer. It is a very specific technical and legal question, whether it is the type of offence (that applied when charged) that results in inadmissibility under the law. A lawyer should be able to answer that with quite a high degree of certainty, yes or no.Thanks buddy, I have taken responsibility. I fought this for many year did everything the court has asked me to and I also believe every action has consequences. I have been facing all these consequences over this years and suffered enough. I would speak to my MP's office next week to see what they advice.
After that (if the answer is yes, it could get you excluded), do research on next steps. It is NOT an automatic thing.
I admire you taking responsibility but don't throw in the towel when it may not even apply to you.
Speak to a lawyer. It is a very specific technical and legal question, whether it is the type of offence (that applied when charged) that results in inadmissibility under the law. A lawyer should be able to answer that with quite a high degree of certainty, yes or no.
After that (if the answer is yes, it could get you excluded), do research on next steps. It is NOT an automatic thing.
I admire you taking responsibility but don't throw in the towel when it may not even apply to you.
Thanks for your kind words. I will speak to a lawyer next week. I am just not sure if CBSA automatically issues a deportation order after a conviction is registered under a foreign national. I intend to fly to my country next month due to an emergency situation. But before I travel I would definitely be confirmed if I would be allowed in Canada or not. I currently do have a valid visa and work permit and never been refused any visa or entry at the border, even when while my case was pending. But now since i am convicted its a different story.
Are you a PR or not? If a PR, I believe you can't be denied until your status is revoked, which takes time. (Woudl still be better not to risk it - being examined at border is different from being in Canada, not interacting with IRCC or CBSA).Thanks for your kind words. I will speak to a lawyer next week. I am just not sure if CBSA automatically issues a deportation order after a conviction is registered under a foreign national. I intend to fly to my country next month due to an emergency situation. But before I travel I would definitely be confirmed if I would be allowed in Canada or not. I currently do have a valid visa and work permit and never been refused any visa or entry at the border, even when while my case was pending. But now since i am convicted its a different story.
At any rate: lawyer. It would be better not to travel in the immediate, but you'll have to make that choice. If not a PR, I believe you could - hypothetically - be refused admittance. Again:lawyer.
Are you a PR or not? If a PR, I believe you can't be denied until your status is revoked, which takes time. (Woudl still be better not to risk it - being examined at border is different from being in Canada, not interacting with IRCC or CBSA).
At any rate: lawyer. It would be better not to travel in the immediate, but you'll have to make that choice. If not a PR, I believe you could - hypothetically - be refused admittance. Again:lawyer.
I am not a PR yet, although I was eligible to apply I delayed it because I wanted the court case to finish. Currently I'm on my PGWP. And yes you are right I will speak to a lawyer. At the same time, I do want to be certain if I am inadmissible at this moment or not. I do not want to stay low and be inadmissible in this country. I know its currently up to the CBSA to decide if I am admissible or not based on my DUI charge being under the old laws.
You're very welcome. I applaud you for taking the responsibility of your mistake, but before you give up and leave Canada, talk with someone that can give you real answers. I, like most here, have simply shared info that has been gleaned from this amazing community.
https://www.canadavisa.com/canada-immigration-discussion-board/threads/pr-convicted-of-dui.501420/
I found this thread, and looks like the OP was not deported as he was not sentenced to 6 months or more.
The OP of that thread is a PR, not a FN.https://www.canadavisa.com/canada-immigration-discussion-board/threads/pr-convicted-of-dui.501420/
I found this thread, and looks like the OP was not deported as he was not sentenced to 6 months or more.
My point was/is that situation may be quite different if you were a PR, as opposed to PGWP and therefore on a status which has a finite expiry.I am not a PR yet, although I was eligible to apply I delayed it because I wanted the court case to finish. Currently I'm on my PGWP. And yes you are right I will speak to a lawyer.
Again: lawyer.
Yup you guys are right, there are so many possibilities. I will keep you guys updated of what happens to me and what my lawyers says. Hoping for the best but honestly I not hoping for much. I have already prepared myself mentally.The OP of that thread is a PR, not a FN.
Keep me in your prayers
Nick_01. I am little set back with your thread in general. First you are not even issued a
Deportation order yet but you go on speculating the worst and whine about it. Cmon how old are you? Life is not meant to be easy, if you are already so negative in your approach and mind. Please get a one way ticket already. If anyone can help yourself is you yourself.
I’m disturbed reading you. Second this is a family class sponsorship section of the forum. Not sure how your DUI conviction falls under family class category.
Finally.. I have not been in Canada for past 3 years and I still have access to my Canadian Bank account. I actually still use it time to time for my day to day transactions. My bank did put a hold on my account after they noticed overseas transactions but I was able to call them and get that sorted.
Now good luck.
Hey, yes you're right I was a bit negative thinking, maybe I'm overthinking. Maybe its because I suffered due to this for a long time and the day finally came and i got convicted after 5 years after the offence. Who wouldn't think this way? I am not a quitter, if I was quitter I would leave Canada right after my offence which I regret so much. Instead i stayed faced the consequences and fought for my defence.
But the law states, if someone foreign gets convicted they are inadmissible to canada, which is why I am prepared for the worst. Please dont judge someone without knowing what they have been through, although I really appreciate your input but no way on earth call me a quitter. Life isn't easy and i dont know that? I finished my university with GPA 4 while attending court and fighting my case, I fought everything alone without any help from my parents or my friend. And yet i graduated and managed to get hired by a huge firm. You dont have any idea what struggle was for me, so please do speak about how hard life is.