inland app - no appeal option

[sunnyinlombardy]

I'm asking on behalf of a friend. She is Italian and being sponsored to Canada by her husband.
Under their circumstances, they are considering applying inland. I advised her that if she gets rejected, they can't appeal the decision.
If it comes down that she is rejected and since she can't appeal, will she ever be able to return to Canada on any kind of visa or maybe applying for permanent residence again?
Does anyone know?

 

[Alurra71]

I'm asking on behalf of a friend. She is Italian and being sponsored to Canada by her husband.
Under their circumstances, they are considering applying inland. I advised her that if she gets rejected, they can't appeal the decision.
If it comes down that she is rejected and since she can't appeal, will she ever be able to return to Canada on any kind of visa or maybe applying for permanent residence again?
Does anyone know?

If they have their application rejected she would then need to apply Outland. She will need to be living in Canada for the entirety of the application process if she applies Inland and will also need to keep her status current. If her relationship with her husband is 'sound' and it's not one of those 'we never met in person and the first time we finally did meet we got married' kind of a things, the odds of being rejected are usually very slim.

Anyway, the point is, that yes, she can apply via an outland application if she is rejected on an Inland application.

 

[sunnyinlombardy]

If they have their application rejected she would then need to apply Outland. She will need to be living in Canada for the entirety of the application process if she applies Inland and will also need to keep her status current. If her relationship with her husband is 'sound' and it's not one of those 'we never met in person and the first time we finally did meet we got married' kind of a things, the odds of being rejected are usually very slim.

Anyway, the point is, that yes, she can apply via an outland application if she is rejected on an Inland application.

ok thanks. Their marriage is real, they've been married for years and have children together. So her children are also Canadian. She is worried about being rejected because she will have to apply for rehabilitation, she had a DUI about 6 years ago.

 

[Ponga]

The DUI makes her inadmissible to Canada (even if she is currently IN Canada), which would lead to a rejection no matter if she applied Inland or Outland.

She will need to apply for rehabilitation, which could be a problem for her if she's in Canada. Once CIC/CBSA finds out that she has the DUI, it could lead to her being removed from Canada before the rehabilitation request has been processed.

If she is also in Canada and has lost her visitor status (overstayed) ...that would make things even more `interesting' for her.

 

[sunnyinlombardy]

The DUI makes her inadmissible to Canada (even if she is currently IN Canada), which would lead to a rejection no matter if she applied Inland or Outland.

She will need to apply for rehabilitation, which could be a problem for her if she's in Canada. Once CIC/CBSA finds out that she has the DUI, it could lead to her being removed from Canada before the rehabilitation request has been processed.

If she is also in Canada and has lost her visitor status (overstayed) ...that would make things even more `interesting' for her.

She hasn't overstayed, so that's not a problem. Her DUI was 6 years ago and it doesn't even come up on here police certificates. So she is trying to figure out what to do because it's not on her police certificates.

 

[Alurra71]

She MUST MUST MUST disclose all of this information. She will need to obtain police certificates, new ones because if she was arrested and charged with DUI it will be on her record somewhere.

 

[sunnyinlombardy]

She MUST MUST MUST disclose all of this information. She will need to obtain police certificates, new ones because if she was arrested and charged with DUI it will be on her record somewhere.

That's a strange thing. She requested both police certificates as required for Italy and it's says nothing. She just had them done couple of weeks ago. DUI was 6 years. Maybe Italy has some charges that are dropped after certain period of time.

Anyways, she will disclose everything, but she is just worried about having other options if she is rejected. I guess applying outland again including rehabilitiation again would be her only option.

Do we know for sure that someone is rejected automatically for something like this? Even if she applies for rehabilitation?

 

[Alurra71]

That's a strange thing. She requested both police certificates as required for Italy and it's says nothing. She just had them done couple of weeks ago. DUI was 6 years. Maybe Italy has some charges that are dropped after certain period of time.

Anyways, she will disclose everything, but she is just worried about having other options if she is rejected. I guess applying outland again including rehabilitiation again would be her only option.

Do we know for sure that someone is rejected automatically for something like this? Even if she applies for rehabilitation?

DUI is an inadmissible offense in Canada. Yes, applications are rejected for this reason all the time. She can only obtain rehabilitation paperwork, I think it is 5 years after the completion of her penalty, whether it be jail time, a fine or any combination of penalties. She must get the rehabilitation paperwork done in order for her PR application to be accepted.

If she chooses to try and 'hide' the DUI assuming because it is not on her record they won't know then she is risking being charged with misrepresentation and banned from Canada, and yes that WILL entail her being deported, no matter how many children she has.

I can only assume she is not getting the correct police record that is required for immigration if it does not show the DUI. I seriously doubt that it has been 'expunged' from her record after only 6 years. Perhaps the link to this thread might help you and/or her to better understand which types of certificates and where to get them from: http://www.canadavisa.com/canada-immigration-discussion-board/police-certificate-from-italy-t271927.0.html

***edited to ask****

Where is your 'friend' currently? Is she in Canada? If she's not in Canada now an inland application is a moot point because she would not be eligible.

 

[sunnyinlombardy]

DUI is an inadmissible offense in Canada. Yes, applications are rejected for this reason all the time. She can only obtain rehabilitation paperwork, I think it is 5 years after the completion of her penalty, whether it be jail time, a fine or any combination of penalties. She must get the rehabilitation paperwork done in order for her PR application to be accepted.

If she chooses to try and 'hide' the DUI assuming because it is not on her record they won't know then she is risking being charged with misrepresentation and banned from Canada, and yes that WILL entail her being deported, no matter how many children she has.

I can only assume she is not getting the correct police record that is required for immigration if it does not show the DUI. I seriously doubt that it has been 'expunged' from her record after only 6 years.

The police certificates are exactly what it says in the guide. I've been helping her with the application so I'm certain of this because they are the same two certificates that my husband requested for his application. She's going to disclose, I never said said she won't. She is not going to risk because of her kids. She is also doing the rehabilitation application.

I'm just asking if she is rejected, whether she will be able to apply again?

She is in Italy now on vacation but will be doing the application when in Canada. She was there for 4 months and she'll go again in March.

 

[Alurra71]

The police certificates are exactly what it says in the guide. I've been helping her with the application so I'm certain of this because they are the same two certificates that my husband requested for his application. She's going to disclose, I never said said she won't. She is not going to risk because of her kids. She is also doing the rehabilitation application.

I'm just asking if she is rejected, whether she will be able to apply again?

She is in Italy now on vacation but will be doing the application when in Canada. She was there for 4 months and she'll go again in March.

She has to REMAIN in Canada living for the duration of the application, not just pop in for a few months and leave again. It is a requirement to to cohabit with your sponsor inside Canada for an Inland application. I would seriously suggest you push her toward and outland application for the very reasons you've stated here. She obviously travels quite a bit and by doing so risks being rejected entry to Canada if they ask her and she discloses she has been arrested for DUI. If that happens while she has an inland application in progress it will likely be rejected because she won't be able to overcome that inadmissibility in a quick manner. It would be a waste of money and time for that to happen.

 

[sunnyinlombardy]

She has to REMAIN in Canada living for the duration of the application, not just pop in for a few months and leave again. It is a requirement to to cohabit with your sponsor inside Canada for an Inland application. I would seriously suggest you push her toward and outland application for the very reasons you've stated here. She obviously travels quite a bit and by doing so risks being rejected entry to Canada if they ask her and she discloses she has been arrested for DUI. If that happens while she has an inland application in progress it will likely be rejected because she won't be able to overcome that inadmissibility in a quick manner. It would be a waste of money and time for that to happen.

I know all of this. She actually doesn't travel at all and they already made a decision to make inland app because of their circumstances. Her husband moved back to Canada for a job, she went with him so they can settle in and now she is back here just to take care of some last things and is going back to Canada for good. Let's not assume things.

Is there anyone that can confirm that if a person (with rehabilitations app) is rejected with inland, can apply outland because it's been more than 6 years after the DUI?

 

[Alurra71]

I know all of this. She actually doesn't travel at all and they already made a decision to make inland app because of their circumstances. Her husband moved back to Canada for a job, she went with him so they can settle in and now she is back here just to take care of some last things and is going back to Canada for good. Let's not assume things.

Is there anyone that can confirm that if a person (with rehabilitations app) is rejected with inland, can apply outland because it's been more than 6 years after the DUI?

I don't think you quite understand everything yet. She has to get the rehabilitation application approved/processed BEFORE they will even process her PR application. Once she has been successfully 'rehabilitated' the odds of her PR application being rejected are slim to none. The key to getting her rehabilitation application approved hinges on the fact that she has completed whatever sentence was imposed on her for the DUI and that it has been 5 years or more since she COMPLETED the sentence, not since the original charge. For example, if she were sentenced to 2 years of probation, she would not yet be eligible for rehabilitation because it has only been 4 years since she completed the sentence. If she had to pay fines or restitution, that must be paid in full as well.

If someone is rejected via the inland application route they can apply via outland, but the circumstances for the original refusal must be remedied. If she were denied via inland because she was not eligible for rehabilitation, then until she is eligible for rehabilitation she would not be able to apply outland as that would also result in a refusal. In order to appeal an application or reapply via another route (Inland to Outland) the circumstances surrounding the refusal must be cleared up so the application is not simply a repeat application.

 

[sunnyinlombardy]

I don't think you quite understand everything yet. She has to get the rehabilitation application approved/processed BEFORE they will even process her PR application. Once she has been successfully 'rehabilitated' the odds of her PR application being rejected are slim to none. The key to getting her rehabilitation application approved hinges on the fact that she has completed whatever sentence was imposed on her for the DUI and that it has been 5 years or more since she COMPLETED the sentence, not since the original charge. For example, if she were sentenced to 2 years of probation, she would not yet be eligible for rehabilitation because it has only been 4 years since she completed the sentence. If she had to pay fines or restitution, that must be paid in full as well.

If someone is rejected via the inland application route they can apply via outland, but the circumstances for the original refusal must be remedied. If she were denied via inland because she was not eligible for rehabilitation, then until she is eligible for rehabilitation she would not be able to apply outland as that would also result in a refusal. In order to appeal an application or reapply via another route (Inland to Outland) the circumstances surrounding the refusal must be cleared up so the application is not simply a repeat application.

I understand all of that. In Italy, when you get DUI for the first time, they take away your licence for 6 months. So thats the only sentence she got so yes it was more than 5 years ago.

 

[canadianwoman]

They should get an immigration lawyer for this. I would apply outland in her case.

 

[tink23]

The police certificates are exactly what it says in the guide. I've been helping her with the application so I'm certain of this because they are the same two certificates that my husband requested for his application. She's going to disclose, I never said said she won't. She is not going to risk because of her kids. She is also doing the rehabilitation application.

I'm just asking if she is rejected, whether she will be able to apply again?

She is in Italy now on vacation but will be doing the application when in Canada. She was there for 4 months and she'll go again in March.

Does she realize hat her being in Italy right now and trying to enter Canada could end in being deemed inadmissible because of a DUI? People try to enter as visitors a lot and are refused because of a DUI. This can be seen numerous times just on the tv show Border Security! If it comes up at customs, she will be turned away.