Hello. I met a foreign woman online roughly a year ago; I visited her earlier this year, and she spent nearly 3 weeks visiting me this summer.
Things have been going well between us, and we've been talking about life and marriage in Canada.
At least until a few weeks ago.
Last year she went to a friends' birthday party, had half a glass of wine too many and then got pulled over by the police, who subsequently drove her to the station where she was interviewed, fingerprinted and administered a breathalyzer . . . she was subsequently charged with DUI, fingerprinted, and then allowed to drive home - less than an hour later. She went to court some weeks later and was given 2 years probation for DUI.
I've since learned that Canada is one of the only countries in the world - perhaps the only country in the world - that designates individuals with DUI convictions as criminally inadmissible, meaning they are not allowed into the country.
Given this, I couldn't understand why she was admitted to Canada for a tourist visa this summer if the DUI would have rendered her criminally inadmissible. It turns out she misinterpreted the tourist visa application form (she speaks excellent English but its not her first language), answering 'no' when asked 'Have you ever been charged with or convicted of a crime?' She thought she was being asked if she had been sent to prison for a crime; her understanding was that she was convicted of a misdemeanour for which she was given probation.
An honest mistake, but a false declaration nonetheless.
Now I am trying to sort out our options. Its my understanding that there are only 3 ways to address criminal inadmissibility and thus be allowed into Canada (and all this assuming they will forgive the false declaration):
1. they are deemed rehabilitated - which means they are absolved, but only 10 years after the sentence/probation is completed;
2. they apply for and are granted rehabilitation (but this can only happen 5 years after probation is completed)
3. the government grants the individual a temporary resident permit
Option 1 will take 11 years as she has another year left on her probation.
Option 2 would take about 9 years - one year left for probation, plus 5 years before we can even apply for rehabilitation; another year to get rehabilitation; and then up to 2 years to get the Permanent Resident Visa.
Given all this, it seems our only hope is a temporary resident permit . . . . but a lawyer I've been talking to says they are difficult to come by.
Is this all true? Are there any other options?
Thanks.
Things have been going well between us, and we've been talking about life and marriage in Canada.
At least until a few weeks ago.
Last year she went to a friends' birthday party, had half a glass of wine too many and then got pulled over by the police, who subsequently drove her to the station where she was interviewed, fingerprinted and administered a breathalyzer . . . she was subsequently charged with DUI, fingerprinted, and then allowed to drive home - less than an hour later. She went to court some weeks later and was given 2 years probation for DUI.
I've since learned that Canada is one of the only countries in the world - perhaps the only country in the world - that designates individuals with DUI convictions as criminally inadmissible, meaning they are not allowed into the country.
Given this, I couldn't understand why she was admitted to Canada for a tourist visa this summer if the DUI would have rendered her criminally inadmissible. It turns out she misinterpreted the tourist visa application form (she speaks excellent English but its not her first language), answering 'no' when asked 'Have you ever been charged with or convicted of a crime?' She thought she was being asked if she had been sent to prison for a crime; her understanding was that she was convicted of a misdemeanour for which she was given probation.
An honest mistake, but a false declaration nonetheless.
Now I am trying to sort out our options. Its my understanding that there are only 3 ways to address criminal inadmissibility and thus be allowed into Canada (and all this assuming they will forgive the false declaration):
1. they are deemed rehabilitated - which means they are absolved, but only 10 years after the sentence/probation is completed;
2. they apply for and are granted rehabilitation (but this can only happen 5 years after probation is completed)
3. the government grants the individual a temporary resident permit
Option 1 will take 11 years as she has another year left on her probation.
Option 2 would take about 9 years - one year left for probation, plus 5 years before we can even apply for rehabilitation; another year to get rehabilitation; and then up to 2 years to get the Permanent Resident Visa.
Given all this, it seems our only hope is a temporary resident permit . . . . but a lawyer I've been talking to says they are difficult to come by.
Is this all true? Are there any other options?
Thanks.