NEED URGENT HELP: PR denied due to driving impaired case not updated

[dvargas]

Hi... I'm a newbie here and i just needed your advise regarding the case of my brother and his wife.
They applied together for PR in Canada, since they got married there. Then while in the process, my brother was caught driving under the influence of alcohol. He plead guilty and they were able to settle the issue and paid the corresponding penalty to the court. As per his wife, during the processing of their PR, immigration did not asked for the police clearance so they assume that everything is fine. When asked during the interview, they admitted the case filed to my brother but unfortunately, his wife was not able to update their application (written) about the case. Now, immigration denied their PR application and my brother was given until 2nd week of September to stay in Canada with 2 yrs ban from entering.

I would like to ask if they have other option so that my brother need not to be deported. Can they appeal? I would appreciate your comments. Thank you in advance.

 

[dvargas]

Dear Readers,

Would really appreciate if you can give me some advise regarding this matter... Thank you

 

[scylla]

There's no point in appealing - your brother has no options.

He was given a 2 year ban from Canada for misrepresentation (failing to mention the drinking and driving charge). Even if he could reverse the misrepresentation finding, he still has to leave Canada and he is no longer eligible to immigrate.

Because of the drinking and driving charge, your brother is now inadmissible to Canada. Inadmissible means that he cannot enter Canada and cannot apply to immigrate as long as he's "inadmissible". He will be inadmissible to Canada for five years after paying the court fine for his drinking and driving charge. Once five years have passed since he paid the fine, he and his wife can apply to immigrate again or to visit Canada or apply for a work visa.

He needs to leave Canada. Unfortunately he did an extremely stupid thing by breaking the law.

 

[scylla]

More information on being inadmissible to Canada is available here:

http://www.cic.gc.ca/english/information/inadmissibility/index.asp

To be able to return to Canada, your brother will have to apply for a pardon from the National Parole Board of Canada. More information here:

http://www.cic.gc.ca/english/information/applications/guides/5312ETOC.asp#5312E2

 

[hope_life]

brother, I wud suggest, ask your brother to consult any professional lawyer immediately without wasting any time.

I have seen few cases where people have broken laws and found inadmissible but when they appealed they succeeded.

good luck.

Dear Readers,

Would really appreciate if you can give me some advise regarding this matter... Thank you

 

[dvargas]

thank you for all your response. My brother went back here in the our country last Sept. 14. In accordance with the notice given by Immigration. They filed for pardon but there no good news yet.

His wife stayed in Canada, she was given LMO to continue her work there. I just like to ask, since she was also denied of PR, will she be able to re-apply as independent (solo) , she is surely eligible and she doesn't have any criminal offence in record. How long does she needs to wait to re-apply?.


Hope you can help me.

 

[PMM]

Hi

thank you for all your response. My brother went back here in the our country last Sept. 14. In accordance with the notice given by Immigration. They filed for pardon but there no good news yet.

His wife stayed in Canada, she was given LMO to continue her work there. I just like to ask, since she was also denied of PR, will she be able to re-apply as independent (solo) , she is surely eligible and she doesn't have any criminal offence in record. How long does she needs to wait to re-apply?.


Hope you can help me.

Nope, her husband is inadmissible, so she is inadmissible as a PR.

 

[dvargas]

Hi PMM,
thank you for the quick reply..

Just thinking about the worst scenario....
Would it be possible for his wife to file for a divorce while my brother is here in our country? Will it be granted?
And if so, will then she can re-apply for PR?

I just ask this because, we tried to contact the wife but we haven't heard from her since my brother returned home...

Thank you in advance.

 

[PMM]

Hi

Hi PMM,
thank you for the quick reply..

Just thinking about the worst scenario....
Would it be possible for his wife to file for a divorce while my brother is here in our country? Will it be granted?
And if so, will then she can re-apply for PR?

I just ask this because, we tried to contact the wife but we haven't heard from her since my brother returned home...

Thank you in advance.

She could only apply for divorce in Canada, if they have been separated for a year. (There are some other grounds, but difficult to prove)

 

[dvargas]

Hi PMM.

Thank you for your replay. My brother and his wife is still facing huge problem because of this negligence.

I have few other questions:
1. Because of my brother DUI case and PR application for both of them was put on hold by immigration, his wife was advised that she may also be deported after her work contract finishes this January.. It is possible?
2. Is there any other way that she can ask the immigration to give her extension to stay in Canada?
3. They still have obligations (credit card bill, house, car loan) that is not yet fully paid.
4. What can she/my brother do for her to continue her work in Canada.

Thank you in advance. Happy holidays.

 

[scylla]

1. I doubt they'll deport her immediately. But they could issue a departure order which will turn into a deportation order if she doesn't leave within a specified time frame.
2. Sure. She can apply for a new work permit based on a new LMO. She can apply to change her status to that of a visitor. However it's entirely possible these applications would be refused based on the misrepresentation.
3. It doesn't matter. CIC doesn't care and these debts have no impact on her status in Canada.
4. This is a complicated case. Probably a good time to seek legal advice.