Inadmissibility

[dazed]

Hello, I am new to the forum. I am a bit confused. We recieved our caips notes today and there is a list of inadmissibilities A36, A49, R01 My husband confessed to a DUI charge in the US six years ago, knowing about his inadmissibility we have applied for his rehabilitation to the embassy that also recieved our spousal application. Any ideas as to what these codes mean? We still have not heard anything about our spousal application, even though we sent it six months ago. I am very concerned we may get denied over his inadmissibilities. :'(

 

[confusednscared]

Did you inform CIC at the time of application that he'd faced these DUI charges?

The codes are CIC's reasons why they think he is inadmissible under the IRPA. I also think it's available in one of CIC's manuals on inadmissibility.

check this link out:

http://www.cic.gc.ca/English/resources/manuals/enf/index.asp

There is a whole bunch of information that may become useful to you.


Best wishes!

 

[dazed]

Yes! He did. When he first entered Canada. The charges did not show up but he offered the information. They had to dig for a couple of days before they found it in the county police report. Thank you!

 

[dazed]

I just thought of something. Bc my husband was not admissible, he did not leave when he was told. He wa arrested 3 months later and deported. Do we have to count 5 years after that to apply for rehabilitiation? I am so scared and so confused and I do not know where to to turn...

 

[addntox]

Could get very messy, having dealt with inadmissibility in my own application i'd advise you speak to a lawyer to see if submissions can be made on the current application. To get the rehab application under way to clear the criminal inadmissibility, and to get an ARC if he was deported. You have a struggle on your hands with this one from the basic information you have given. You also need to try and get the app processed under the H & R stream to potentially waive the inadmissibilities if a rehab application has a negative decision.

It's good you declared this on the app though this overcomes the pitfalls of making a misrepresentation.

 

[PMM]

Hi

I just thought of something. Bc my husband was not admissible, he did not leave when he was told. He wa arrested 3 months later and deported. Do we have to count 5 years after that to apply for rehabilitiation? I am so scared and so confused and I do not know where to to turn...

1. He has to apply for rehabilitation and if he was deported he has to apply for an Application to Return to Canada (ARC) and that is an additional $400.

 

[addntox]

But as in my case we had to ask them to defer making a decision pending outcome of rehab. They did this and I was never called in for procedural fairness interview. And it's important to do correctly. I'd at least consult a lawyer even if you don't plan on retaining one and get a full picture. I chose lawyer but that's a personal choice. I'm sure PMM will agree that if you don't prepare correctly you're entering a minefield

 

[PMM]

Hi

But as in my case we had to ask them to defer making a decision pending outcome of rehab. They did this and I was never called in for procedural fairness interview. And it's important to do correctly. I'd at least consult a lawyer even if you don't plan on retaining one and get a full picture. I chose lawyer but that's a personal choice. I'm sure PMM will agree that if you don't prepare correctly you're entering a minefield

In the OP's case I agree, probably will require legal assistance. At least make an appoint to discuss it with an Immigration lawyer, it will be worth the couple of hundred dollars. Rehabilitation and ARC not a good combination.