inadmissibility!

[PMA]

I'm inadmissible to Canada as far as I know (DUI convicted), i'm just wondering if the same apply to my spouse? she's on visitor record accompanying husband on his work permit?

what are the consequences of being inadmissible! We were almost so close to land but I screwed it up

 

[zardoz]

I'm inadmissible to Canada as far as I know (DUI convicted), i'm just wondering if the same apply to my spouse? she's on visitor record accompanying husband on his work permit?

what are the consequences of being inadmissible! We were almost so close to land but I screwed it up

If she is a dependant on your PR application, or you are a dependant on hers, you are both inadmissible for PR. However, as a foreign national, your inadmissibility should not impact her ability to apply for a visa to visit, study or work.

 

[PMA]

If she is a dependant on your PR application, or you are a dependant on hers, you are both inadmissible for PR. However, as a foreign national, your inadmissibility should not impact her ability to apply for a visa to visit, study or work.

yes she is a dependent on my PR, now that i'm inadmissible, but she is here in Canada with me, is there a way to switch her status from being dependent on me to something else ( i.e. study or work)

Can she still travel freely? or we both need TRP to stay in Canada? and can we apply for TRV along with the TRP

many thanks for your input

 

[scylla]

To switch to a work permit, she needs a full time job offer from a Canadian employer and the employer needs to obtain an approved LMIA. Then she can apply for a work permit.

To switch to a study permit, she needs to be accepted into a full time program in Canada. To be approved for a study permit, she will also need to show that she has enough money to pay for her first year tuition and living expenses. This means she will need to show a bank balance of at least $25K in Canadian dollars.

 

[PMA]

To switch to a work permit, she needs a full time job offer from a Canadian employer and the employer needs to obtain an approved LMIA. Then she can apply for a work permit.

To switch to a study permit, she needs to be accepted into a full time program in Canada. To be approved for a study permit, she will also need to show that she has enough money to pay for her first year tuition and living expenses. This means she will need to show a bank balance of at least $25K in Canadian dollars.

so if we cant do any of the above then she still can remain as visitor with valid VR
right?

 

[zardoz]

so if we cant do any of the above then she still can remain as visitor with valid VR
right?

She can but she then has the issue of justifying her extended stay in Canada.. CBSA/CIC will be asking why she needs to remain once her existing status expires.

 

[PMA]

She can but she then has the issue of justifying her extended stay in Canada.. CBSA/CIC will be asking why she needs to remain once her existing status expires.

well she is on valid VR til now. its been since 2014. can we still keep it that way, since we would have to apply for TRP due to my inadmissibility. or this might pose a risk

 

[zardoz]

well she is on valid VR til now. its been since 2014. can we still keep it that way, since we would have to apply for TRP due to my inadmissibility. or this might pose a risk

If she is still in status, there is nothing that she should need to do at this time.

 

[PMA]

If she is still in status, there is nothing that she should need to do at this time.

so not even apply for TRP? even thought we're both inadmissible. coz we still have CEC application which we never landed coz of this inadmissibility and cic told us to send court verdict when its done, ( which in my case found guilty of DUI)

and advice and many thanks

 

[zardoz]

so not even apply for TRP? even thought we're both inadmissible. coz we still have CEC application which we never landed coz of this inadmissibility and cic told us to send court verdict when its done, ( which in my case found guilty of DUI)

and advice and many thanks

Each person has their own immigration status. Just because your PR application may be dead in the water, it doesn't make her inherently inadmissible as an individual. Therefore, there is no requirement for a TRP for her. You, on the other hand....

Have CIC formally refused your PR application now or is it still in limbo? Have you informed them of the conviction?

 

[PMA]

Each person has their own immigration status. Just because your PR application may be dead in the water, it doesn't make her inherently inadmissible as an individual. Therefore, there is no requirement for a TRP for her. You, on the other hand....

Have CIC formally refused your PR application now or is it still in limbo? Have you informed them of the conviction?

well I was told if the principle applicant is inadmissible then the spouse is inadmissible as well.
cic haven't refused our application yet (CEC app and already have COPR) as am waiting for court paper so I can forward it to them, but when I called cic yesterday they were trying to schedule an appoint for us(myself & spouse) to land and I did explain that I was convicted; the call agent said I need to forward the court documents and then the local cic office will deiced?

I only worry about my spouse, will she be able to continue with being on visitor record? or its better if she switch her status to something else? people said she also needs to apply for TRP to be allowed in Canada legally. is this correct?

please advice and many thanks to you

 

[zardoz]

well I was told if the principle applicant is inadmissible then the spouse is inadmissible as well.

This is within the context of a PR application. It avoids the situation which could arise if an inadmissible individual was dropped from a PR application and the successful applicant(s) using a loophole (EDE or H&C) to get round the inadmissibility via a Family Class Sponsorship... It blocks the "one foot in the door" scenario.

It doesn't apply to the individual outside that context.

 

[Dhudson]

If court found you guilty, I would say you have no chance to stay in Canada and you have to leave Canada, but after five years you may apply for pardon and then for PR again.

About "apply for H&C or refugee".
1. If you apply for H&C and IF even you get first stage approval (before leave Canada) : then anyways on stage 2 CIC will check you background and find criminal inadmissibility - case should be rejected.
2. If you apply for refugee, 0.00001% chance that IRB will even process you case after DUI and PR rejected. Should happened something very big and bad in your old country (between right now and when you applied for PR) to process your refugee application.

You can try to appeal your DUI court decision with very good criminal lawyer, some time lawyer may to prove to judge that you drive that car because you did try to safe your life or another life an was not any other way and etc.... (90% to just loose money ,very hard to prove) and if you win case then you may ask CIC for Canadian Mercy.

Also you can try political way (MP) but before go to MP you have to have lots of support letters from Canadians and again you have to explain "why you got DUI". This case you go use together with something else. And for sure depending who is your MP (Liberal, NDP or Conservative). Only if Liberal make sense to go then.

Anyways I suggesting to find good lawyer (criminal first) .

Regards,
DHUdson.