screech339 said:
While the rules are different here regarding DUI, the husband didn't follow the law of the respective country by drinking and driving even though it is more strict than ours. He is going to have a hard time convincing CIC that he didn't "really" break the law of his country because ours has a bit looser rule over his country. Why should he be above the law in his country just because he is applying for PR in Canada.
Another example. Although it is an unrelated subject. The age of consent in canada is 16. But it differs around the world. What if a person from Cyprus was charged with underage sex with a 16 year old minor even though the child consented, where the legal age of consent is 17. Does this mean CiC can ignore the charge because our law says age of consent is 16.
The point I am making is that while charges may not be the same if it was done in Canada, the charges are still serious charges to convince CIC otherwise.
Nobody should be drinking and driving regardless of the alcohol amount found in the blood, at 0.05 or at 0.08. Remember those on the graduate driver licence system should not have any alcohol period.
I don't think anyone is endorsing drinking and driving, and I'm not sure if this person would be deemed inadmissible or not. The website says that you are inadmissible if you've been convicted of a crime in the Criminal Code of Canada, which does not apply here. (My understanding of that is that your hypothetical person from Cyprus would not be deemed inadmissible.) I know that Border Control (the TV show) is not a super reliable source of information, but everytime on that show someone has a criminal record, they have to look up if it is equivalent to a crime in Canada. If, for example someone in was charged with homosexuality in their home country, Canada would not deem them inadmissible based on their criminal record because homosexuality is not a crime here. The also says that if you've been found driving while impaired that you are
probably inadmissible.
I think it will be up to the officer that does the interview and dependent on exactly what happened. More information can be found here: http://www.cic.gc.ca/english/information/inadmissibility/conviction.asp SmithyLinds, I suggest that you read all of this page and prepare a strong argument why your partner should be deemed rehabilitated. Read up on the UK vs. Canadian laws, including maximum sentencing, as well as search for examples of others with criminal records who have entered the country. Can your partner apply for a pardon back at home? If so, they should definitely do so. It is also very important how long ago this occurred - see eligibility for rehabilitation: http://www.cic.gc.ca/english/information/applications/guides/5312ETOC.asp#5312E4
