Hi everyone, I hope you are doing well. Unfortunately, recently I have been charged with a DUI (Driving Under Influence) in Ontario. To clarify, I have been charged but not convicted. I am on maintained status, so I am waiting for my work permit to arrive (PGWP). I have been in touch with an immigration lawyer who advised me to inform the IRCC about this because if not, it could be considered in the future as misrepresentation, considering that on the PGWP forms, you need to specify if you have been charged or convicted for something in Canada. Following the recommendations of my lawyer, I submitted a web form to the IRCC in which I concisely explained the situation. My lawyer told me that in most cases (considering that it's just a charge), the PGWP would be issued. Still, there is also the chance that my application will be frozen until the Crown decides on my case (I'll be on maintained status until the end of this terrible situation). Has anyone of you experienced something similar? My only concern is that the IRCC could ask me to go home and not work here anymore, but on the other hand, based on the law, being charged with a crime doesn't make anyone inadmissible, and it doesn't change the status of temporary resident in the country. Let me know if you have been in a similar situation, but please speak about the facts, not your ideas!
DUI Charge PGWP
- Thread starter PAOLINON1
- Start date
I don't know if the PGWP will be issued or if IRCC will hold your application until the outcomes of the case are known.
However what I can tell you is that you need to hire a criminal lawyer to get the charges either dismissed or dropped to a non-DUI charge. If you end up being convicted of a DUI charge, that will definitely impact your ability to remain in Canada and any future plans you have to become a PR. Is the lawyer you spoke with an immigration lawyer or a criminal lawyer? I expect they were an immigration lawyer and it's good you got advice from them. Now you need to hire a criminal lawyer. It is incredibly important for your future in Canada not to be convicted of the DUI. If you are convicted, you'll be at high risk of deportation regardless what your status is in Canada at that time. The rules changed a couple of years ago and a DUI is now treated as a much more serious offence. See this: https://www.duifix.ca/immigration.htm
What was your BAC?
Hello everyone, I am coming back to provide you with a final update. My case was resolved with a conditional discharge under dangerous operation of a motor vehicle with a 3-year probation period. From the moment I have been charged until the resolution, it has been around 14 months.
In August 2022, I was charged with Driving a motor vehicle with a blood alcohol concentration at OR over 80mg and Impaired Driving. In addition, the police officer also charged me with Driving without a valid license even though my driver's license was valid and also considered as a Full Class considering my total years of experience. I have been charged following a car accident that did not result in any serious injuries. Just one person in the other car went to the hospital but did not suffer any threatening injuries. Important to mention that I've never been in trouble with the law in the past. My BAC was 0.87.
A couple of takeaways below if you have been charged and you are on temporary permit/permanent residency. I know how stressful this situation can be so i hope that my takeaways can be helpful for you:
1. FIND A GREAT LAWYER - Right after I have been charged, I started calling any potential lawyer in Toronto to better understand the situation. I was scared at the time, and I knew that I had to hire a criminal lawyer as soon as possible. Please do understand that the majority of lawyers that you see online are SALES MAN/WOMAN. They leverage your emotions just to convince you that they are the best option. I will not name all the unprofessional lawfirms that I encountered but there were lawyers that told me that if I did not hire them, the police would have put me into jail or that i would have been immediately deported. Nothing like that has ever happened. You should hire a professional lawyer that tells you what the reality is. You don't want a lawyer that tells you that everything is gonna be ok. You want a lawyer that objectively analyzes your case, and tells you what the reality is. Real and professional lawyers are expensive. I had to do a lot of sacrifices to afford it, but at the end it was absolutely worth it, especially because of the professionalism, open communication, and clarity. If it can help, I hired Daniel Brown law (Trevin David).
2. INFORM THE IRCC OF THE CRIMINAL CHARGES - As part of your work permit/ study permit application, the IRCC asks you a question on whether you have been convicted, charged... of a criminal offence. In addition, the IRCC tells you that if something changes from the moment you submit your application, you need to let them know. Therefore, to avoid falling into misrepresentation, you should inform the IRCC of what happened. Remember, you are not criminally inadmissible if you have been charged of an offence in Canada. In my case, after I informed them of the charges, I still received my work permit approx. 2 months after. Just to let you know, I think that you become criminally inadmissible if you have been CONVICTED of the offence in Canada. So, outstanding charges (only if in Canada) should not impact your ability to stay in the country. In my case, I had my application pending so this process mainly applies to that case. If you already hold the work/study permit, you should contact a law firm. I reccomend you reaching out to a law firm no metter what, I know it's expensive but they can provide you great advice on what is the best course of action. Take my words with a grain of salt as each situation can be different.
3. STAY CALM - I know that it can be streesful, a lot of nights were you can't sleep thinking about being deported or even worst things. I can say stay calm and have faith. Have faith especially in your lawyer - if you hire a good one, he/she will always keep your best interest on the top of his/her mind. Resolving criminal charges takes a lot of time, a lot. My case got resolved in 14 months and if it went to trial it would have been probably 16/18 months (for sure within the 18 months). Keep living your life, and don't let this impact your work and personal relations. Your lawyer will fight for you.
4. DO VOLUNTEERING/COMMUNITY SERVICES - Stay involved in the community. Show appreciation for a great country such as Canada. I started doing volunteering because of the criminal charges, but it is something i am still doing now even if it's over. There is nothing better than helping other people out, especially the less fortunate. I think (I think, so i am not sure) that any Crown Attorney or Judge will be happy to see your involvment in the community.
In August 2022, I was charged with Driving a motor vehicle with a blood alcohol concentration at OR over 80mg and Impaired Driving. In addition, the police officer also charged me with Driving without a valid license even though my driver's license was valid and also considered as a Full Class considering my total years of experience. I have been charged following a car accident that did not result in any serious injuries. Just one person in the other car went to the hospital but did not suffer any threatening injuries. Important to mention that I've never been in trouble with the law in the past. My BAC was 0.87.
A couple of takeaways below if you have been charged and you are on temporary permit/permanent residency. I know how stressful this situation can be so i hope that my takeaways can be helpful for you:
1. FIND A GREAT LAWYER - Right after I have been charged, I started calling any potential lawyer in Toronto to better understand the situation. I was scared at the time, and I knew that I had to hire a criminal lawyer as soon as possible. Please do understand that the majority of lawyers that you see online are SALES MAN/WOMAN. They leverage your emotions just to convince you that they are the best option. I will not name all the unprofessional lawfirms that I encountered but there were lawyers that told me that if I did not hire them, the police would have put me into jail or that i would have been immediately deported. Nothing like that has ever happened. You should hire a professional lawyer that tells you what the reality is. You don't want a lawyer that tells you that everything is gonna be ok. You want a lawyer that objectively analyzes your case, and tells you what the reality is. Real and professional lawyers are expensive. I had to do a lot of sacrifices to afford it, but at the end it was absolutely worth it, especially because of the professionalism, open communication, and clarity. If it can help, I hired Daniel Brown law (Trevin David).
2. INFORM THE IRCC OF THE CRIMINAL CHARGES - As part of your work permit/ study permit application, the IRCC asks you a question on whether you have been convicted, charged... of a criminal offence. In addition, the IRCC tells you that if something changes from the moment you submit your application, you need to let them know. Therefore, to avoid falling into misrepresentation, you should inform the IRCC of what happened. Remember, you are not criminally inadmissible if you have been charged of an offence in Canada. In my case, after I informed them of the charges, I still received my work permit approx. 2 months after. Just to let you know, I think that you become criminally inadmissible if you have been CONVICTED of the offence in Canada. So, outstanding charges (only if in Canada) should not impact your ability to stay in the country. In my case, I had my application pending so this process mainly applies to that case. If you already hold the work/study permit, you should contact a law firm. I reccomend you reaching out to a law firm no metter what, I know it's expensive but they can provide you great advice on what is the best course of action. Take my words with a grain of salt as each situation can be different.
3. STAY CALM - I know that it can be streesful, a lot of nights were you can't sleep thinking about being deported or even worst things. I can say stay calm and have faith. Have faith especially in your lawyer - if you hire a good one, he/she will always keep your best interest on the top of his/her mind. Resolving criminal charges takes a lot of time, a lot. My case got resolved in 14 months and if it went to trial it would have been probably 16/18 months (for sure within the 18 months). Keep living your life, and don't let this impact your work and personal relations. Your lawyer will fight for you.
4. DO VOLUNTEERING/COMMUNITY SERVICES - Stay involved in the community. Show appreciation for a great country such as Canada. I started doing volunteering because of the criminal charges, but it is something i am still doing now even if it's over. There is nothing better than helping other people out, especially the less fortunate. I think (I think, so i am not sure) that any Crown Attorney or Judge will be happy to see your involvment in the community.
Thanks for the detailed explanation.
I'm also in a similar situation but charged for the domestic assault, my work permit and PR application are being processed.
Just wondering what was the total processing duration of your work permit application i.e from submission to approval, was there any delay because of the charges.
Hi there, is it possible for me to email you as I am in the very same situation and would just like clarification regarding one other thing.
i am also stuck in a case as of now negotiation is going on with the crown for a conditional discharge. I have already applied my PGWP in july but was charged in september. And i havent received my PGWP yet. Just wondering how much time did it take to get WP. AFTER YOU APPLIED.