Inadmissible

[gehtrew]

Hi
Can a person be inadmissible under family sponsor to Canada if found guilty of driving on a revoked an suspended license in the U.S.A.

Any help will be appreciated
Thank You.

 

[zardoz]

Hi
Can a person be inadmissible under family sponsor to Canada if found guilty of driving on a revoked an suspended license in the U.S.A.

Any help will be appreciated
Thank You.

I would not have thought that a simple driving offence would be a problem.

 

[SamHom]

DUI, yes. But something like this, I highly doubt so.

 

[rugrat907]

Hi
Can a person be inadmissible under family sponsor to Canada if found guilty of driving on a revoked an suspended license in the U.S.A.

Any help will be appreciated
Thank You.

Why was the license suspended and revoked?

 

[sashali78]

It is not a criminal offense in Canada to drive without license, it falls under provincial motor acts instead,i believe. As it does not equate to criminal offense it cannot be used as grounds for inadmissibility.
DUI/DWI is though, as SamHom mentioned.

 

[gehtrew]

It is not a criminal offense in Canada to drive without license, it falls under provincial motor acts instead,i believe. As it does not equate to criminal offense it cannot be used as grounds for inadmissibility.
DUI/DWI is though, as SamHom mentioned.

Well I got this letter today.

Date: November 3, 2015

UCI: xxxxxxx
Application: xxxxxxx








Dear xxxxx xxxxxx.

This refers to your application for a permanent resident visa to Canada.

After careful and thorough consideration of all aspects of your application and the supporting
information provided, I have determined that you may not meet the requirements for a permanent
resident visa because you are a person described in paragraph A36(1)(b) of the Immigration and
Refugee Protection Act. You are therefore criminally inadmissible to Canada.

Paragraph 36(1)(b) renders inadmissible a foreign national on grounds of serious criminality for
having been convicted of an offence outside Canada that, if committed in Canada, would
constitute an offence under an Act of Parliament punishable by a maximum of imprisonment of
at least ten years.

You have been convicted in United States of America on 12 October 1999 of an offence, namely
charged with operation after suspension or revocation. If committed in Canada, this offence
would be punishable under article 259(4) of the Criminal Code of Canada is guilty of an
indictable offence and liable to imprisonment for a term not exceeding five years.

You are currently inadmissible to Canada and you are not eligible for rehabilitation at this time
since your fine on your offence dated 12 October 1999 was never paid and therefore sentencing
is still not completed to date.

Subsection 11(1) of the Act states that the visa or document shall be issued if, following an
examination, the officer is satisfied that the foreign national is not inadmissible and meets the
requirements of this Act. I am not satisfied that you are not inadmissible for the reasons set out
above.

 

[sashali78]

I think CIC might be too quick on a trigger, you should consult a lawyer and fight it. I just did a quick search and found few legal sites, none stating it as a criminal offense, just an example:
http://www.traffic-services.ca/traffic-offences.shtml
Why your license was revoked in the first place?

 

[zardoz]

That's unfortunate. http://laws-lois.justice.gc.ca/eng/acts/C-46/section-259.html

Operation while disqualified

(4) Every offender who operates a motor vehicle, vessel or aircraft or any railway equipment in Canada while disqualified from doing so, other than an offender who is registered in an alcohol ignition interlock device program established under the law of the province in which the offender resides and who complies with the conditions of the program,

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

(b) is guilty of an offence punishable on summary conviction.

Definition of “disqualification”

(5) For the purposes of this section, “disqualification” means

(a) a prohibition from operating a motor vehicle, vessel or aircraft or any railway equipment ordered pursuant to any of subsections (1), (2) and (3.1) to (3.4); or

(b) a disqualification or any other form of legal restriction of the right or privilege to operate a motor vehicle, vessel or aircraft imposed

(i) in the case of a motor vehicle, under the law of a province, or

(ii) in the case of a vessel or an aircraft, under an Act of Parliament,

in respect of a conviction or discharge under section 730 of any offence referred to in any of subsections (1), (2) and (3.1) to (3.4).

It's a hybrid offence and so, you are criminally inadmissible if you didn't complete the sentence (pay the fine).

 

[SamHom]

Of course this person should have paid the fine...but...isn't it ridiculous that you're inadmissible for doing something like this 16 years ago?

To the person that started this thread, was this something that you thought about when sending the application? Was it mentioned in fbi clearance?

 

[gehtrew]

I think CIC might be too quick on a trigger, you should consult a lawyer and fight it. I just did a quick search and found few legal sites, none stating it as a criminal offense, just an example:
http://www.traffic-services.ca/traffic-offences.shtml
Why your license was revoked in the first place?

My license was suspended for operating without car insurance. I am confused to why the IO officer would use my case against me when it does not apply.

 

[SamHom]

My license was suspended for operating without car insurance. I am confused to why the IO officer would use my case against me when it does not apply.

The issue is most likely that you never paid it off.

 

[gehtrew]

Of course this person should have paid the fine...but...isn't it ridiculous that you're inadmissible for doing something like this 16 years ago?

To the person that started this thread, was this something that you thought about when sending the application? Was it mentioned in fbi clearance?

Yes when I submitted my FBI clearance all this was mentioned,but she insisted that I provide info about this 1999 case.

 

[sashali78]

That's unfortunate. http://laws-lois.justice.gc.ca/eng/acts/C-46/section-259.html

It's a hybrid offence and so, you are criminally inadmissible if you didn't complete the sentence (pay the fine).

It is a hybrid offense indeed but i think the application of law is different in this case. Read this material: https://www.defencelaw.com/Drive-Disqualified.html

From what i understand the "Operation while disqualified" offense is a 2nd tier offense , with which you can be charged in case you were found operating vehicle while under suspension following previous criminal offense (DUI/dangerous driving, etc).
It is not the case in OP case, thus the offense does not equate to the Canadian law in my opinion. But then again i am not a lawyer and it is a matter of interpretation. In case of OP i would definitely consult both traffic and immigration lawyers and try to fight it, it is an ambiguous case.

 

[zardoz]

This bit of Law is confusing as it has a chain of dependencies leading to 259(4). If a lawyer could prove that chain isn't applicable to your offence, you might be able to appeal this finding of inadmissibility.

@sashali78 - agreed...

 

[gehtrew]

It is a hybrid offense indeed but i think the application of law is different in this case. Read this material: https://www.defencelaw.com/Drive-Disqualified.html

From what i understand the "Operation while disqualified" offense is a 2nd tier offense , with which you can be charged in case you were found operating vehicle while under suspension following previous criminal offense (DUI/dangerous driving, etc).
It is not the case in OP case, thus the offense does not equate to the Canadian law in my opinion. But then again i am not a lawyer and it is a matter of interpretation. In case of OP i would definitely consult both traffic and immigration lawyers and try to fight it, it is an ambiguous case.

I was never charged previously for any traffic offense in the U.S.A.No D.U.I. No dangerous driving etc.