Looking to apply for A Criminal Rehabilitation Permit, I need help!

[ternessa]

Hello-


This is my dilemma: A few months ago a met a guy though some friends and the friendship blossomed into a relationship. We now are dating (long distance). I live in the US and he lives in Ottawa. Last month I went to visit him for the firt time and when the officer checked my passport he told me that I was inadmissible to Canada since I had a DUI 11 years ago!!! He was about to send me back home when for some reason he decided to be nice and gave me a TRP (I had to pay $200). I was able to stay with my boyfriend for a week, but the officer told me that in order for me to be able to come visit him again, I have to apply for a Criminal Rehabilitation Permit (since my DUI happened 11 years ago, I qualify for this permit). He told me that because that is the only "crime" I have ever commited and because it happen long time ago, I will definitely get the CRP. However, I just started the process, I just sent all my info to get an FBI background check (required to apply for the CRP) and apparently this will take about 2 - 3 months to receive.

My question is: does anyone know how long does it take to receive the CRP???

 

[toketaz]

Hello I am in a similar situation as yours but as far as my understanding upon reading the Canadian consulate website, it states that if it has been over 10 years u are considered deemed rehabilitated and don't need to file for this anymore but the 10 years need to be frm the date of completion of all ur probation period...Mine just passed 5 years since the end of probation. I got dui on 03 probation for 2 years which means 05 so 5 years and i am ready to apply. what other docs did u get beside the FBI DOCS

 

[ternessa]

I had to write a letter of why I consider my self rehabilitated, got the FBI clearance along with a Texas clearance and Arizona clearance check as well since I lived in both states more than 6 months...how is your process going?

 

[brisal13]

Hi there,

I thought I would share my experience about the Application for Rehabilitation process. I filed the Application with the Canadian Consulate General in New York in January 2009 and received Letter of Approval in May 2010. So yes it's a long process. Wishing you the best of luck!

 

[Woman_USA_to_Canada]

It can take anywhere from 6 months to 3 years. The time frame is partially dictated by what Canadian Consulate office you send your application to. The first assessment of your application is done at the local nation Canadian Visa office you mail your application to. After initial review, your application (with suggested action from the reviewing immigration officer) is forwarded to Canada Immigration (in Canada) for final review and approval/denial. I would suggest checking each location's posted time frame for rehabilitation. At the time I applied, Washington DC was the shortest. I lived in Idaho and knew by applying in Washibngton DC I was taking the chance of having to travel there for any interviews (should they be required). Here is the link to the Canada Visa office location websites: http://www.cic.gc.ca/english/information/offices/missions.asp

I applied for rehabilitation in April 2009 and was approved in December 2010.

Good luck!

 

[caribgrl55]

Hi, I have a question for the last 2 posters. Did you apply on your own, and did the VO ask for missing or additional documents? I know that this could cause an extended timeline. Also, did you receive any communications from the VO during the process?

 

[Woman_USA_to_Canada]

Yes, I applied on my own. Yes, they asked for additional documents. The reason for that is that the police certificates are only good for 3 months from their stamped date. When They are sent to Immigration in Canada for final review and possible approval, the certificates must be current. So, I was asked for updated police certificates. This is a normal thing and is to be expected.

 

[brisal13]

I also applied and my own and my situation is pretty much the same as Woman_USA_to_Canada, the VO did requested updated FBI and State Police Certificates.

As of today, I am still awaiting a decision for Authorization to Return which application was filed in October 2010. After inquiries by email to the VO, they replied on Feb 23, 2011 for additional information re: proof of solvency and family members' status which was sent to them on Feb. 28, 2011 and still no decision. I requested the status of the application on numerous occasions by email, only to receive the standard email "... we will not respond to your inquiry if the time of process has not expired ..." They had the application since October 2010 and at that time processing period was 3 to 6 months. It has now been well over 12 months and still no reply, so I ordered CAIPS, GCMS and FOSS notes, and guess what, I'm still awaiting those docs too. Request was sent and acknowledge on October 28th. Then on November 28th get an email from Immigration with:

"Despite our best efforts to process your request within the 30-day statutory limit, an extension of up to 30 days pursuant to paragraph 9(1)(b) of the Access to Information Act, is required. This paragraph states that an extension may be taken where "consultations are necessary to comply with the request that cannot reasonably be completed within the original time limit".

The extension has now expired and no documents received yet. Simply frustrating. :

 

[caribgrl55]

Thanks for both of your replies....Gosh, what a drawn out and exhausting process!

@ woman- congrats on your success, and I hope your fam application goes smoothly
@ brisal- man, I hope you hear some news soon. I can't imagine how you are feeling seeing that it has taken more than the average time stated. Don't lose hope.

 

[brisal13]

caribgrl55:

Thank you for your kind words. I keep telling myself, no news is goods news ;-) but I'll certainly share any developments and keep you posted.

 

[Woman_USA_to_Canada]

I received my First Stage Approval letter, work permit and study permit - all which was dated April 12, 2012. Just short of one year after applying inland. Wonderful news!

 

[jeffz_101]

I acquired a DUI back in 2008 in Tulsa Oklahoma its the only "criminal" offense on my record. I ignorantly flew all the way to Canada to meet my gf of 3 years, only to be turned away at immigration for the DUI . But luckily the immigration officer was considerate to grant me a day pass , but i had to sign a paper stating i would return the next morning at 6am and resign my application into Canada. The officer told me that i can apply for a appeal, which i was given really vague details about. Sadly enough i returned home and went to work on figuring out this dilemma . Apparently i have really limited options because my DUI was only 3 and a half years ago, and to apply for the criminal rehabilitation permit it has to at least be five years. Although i did notice that i had an option to check the box that states "for information only" if enough time has not passed since the offence, and that they might ( and i'm sure "might" is stressed in my case) consider me access into Canada. But my question is what would be the likely hood of this to occur? and how much does it cost to process all this info? i read over all the available information on the website and also notice i had a 2nd option which would be to apply for a temporary resident permit. Another question would be which should i go for in this case? the criminal rehabilitation permit or the temporary permit? Also can either of these applications bar me from Canada for good if they happen to deny me, or will i simply just have to wait the five years to apply again for the crp?

 

[scylla]

You won't qualify for rehabilitation until five years have passed. See:

http://www.cic.gc.ca/english/information/applications/guides/5312ETOC.asp#5312E4

I'm not super familiar with TRPs - however I think they are only granted in exception cases. However I suppose you could always try.

 

[Woman_USA_to_Canada]

scylla is correct about qualifying for rehabilitation.

TRPs are granted for exceptional circumstances when an applicant is not eligible for rehabilitation (for example, a dying relative or mandatory job travel).

DUIs in the States (US) are generally considered minor in criminality (called "Misdemeanor Conviction" in the US and "Summary Conviction" in Canada) whereas in Canada they are considered major in criminality (called "Felony Conviction" in the US and "Indictable Offence" in Canada).

So, when is is not such a big deal in the US (obviously unless there is property or bodily damage to others than the intoxicated driver) it is a really big deal in Canada.

Bottom line is: Based on what you stated, you will not likely have a good enough reason to be granted a TRP and are not yet eligible for Rehabilitation. In your case the rehabilitation would be Major Criminality and the processing fee is greater (roughly $1,000 USD when you consider the fees for records and police certificates) and length of time to process is longer (once eligible to apply).

I hope this is helpful, even though I know it is not the news you wished to receive.

Good day.

 

[Woman_USA_to_Canada]

Additionally, you asked:

"Also can either of these applications bar me from Canada for good if they happen to deny me, or will i simply just have to wait the five years to apply again for the crp?"

If you are denied (after applying), then yes, it means you do not meet the requirements to enter Canada and will not be permitted to cross the border.

The second question I refer to my previous post about TRPs (Temporary Resident Permits)