one year pilot OWP for a spouse with DUI and Implied status?

[claire lee]

Hi. I am Claire
I came here in Toronto on 30th of November,2013.
My husband and I got married on April 25th 2014.(we've been together 4 and half years now)
My visitor visa would expire on 30th of June so I applied for an extention of stay as visitor on 27th of June.
and I summited my application under spousal sponsorship program include work permit application in july 2014.
In November, my application for an extention got rejected due to my DUI Charges (letterrdered me to leave on december 8th,2014.
embarrassing to even mention it. But I have one Dui charge happened 2009. (Fine paid on Dec. 16th 2009)
I wanted to apply for rehabilitation for my DUI but that time 5 years hadn't passed since completion of my sentence.
after that application got rejected . I realized with more chance, my spouse sponsorship would be rejected too.
My husband got laid off two months ago.
and I can't help my family because of my stupid mistake.
I am going back to the day I drunk drove
I rather kill my self..

Now I have three questions
1. Am I eligible for New pilot program for OWP?
2. Should I apply for rehabilitation for my dui charges since my 5years passed like one month ago.
3. If I fell out of status because my extention of stay got rejected then Am I not on implied status?
Am I here ligally or I am illigal to stay here?

 

[brucem]

Hi. I am Claire
I came here in Toronto on 30th of November,2013.
My husband and I got married on April 25th 2014.(we've been together 4 and half years now)
My visitor visa would expire on 30th of June so I applied for an extention of stay as visitor on 27th of June.
and I summited my application under spousal sponsorship program include work permit application in july 2014.
In November, my application for an extention got rejected due to my DUI Charges (letterrdered me to leave on december 8th,2014.
embarrassing to even mention it. But I have one Dui charge happened 2009. (Fine paid on Dec. 16th 2009)
I wanted to apply for rehabilitation for my DUI but that time 5 years hadn't passed since completion of my sentence.
after that application got rejected . I realized with more chance, my spouse sponsorship would be rejected too.
My husband got laid off two months ago.
and I can't help my family because of my stupid mistake.
I am going back to the day I drunk drove
I rather kill my self..

Now I have three questions
1. Am I eligible for New pilot program for OWP?
2. Should I apply for rehabilitation for my dui charges since my 5years passed like one month ago.
3. If I fell out of status because my extention of stay got rejected then Am I not on implied status?
Am I here ligally or I am illigal to stay here?

I'm not an expert in this but from what you have posted it doesn't sound too positive to me. Generally a dui makes you inadmissible to Canada which is why your application was rejected for an extension. I'm relatively certain that you do have to apply for rehabilitation before you submit a PR application therefore it will likely be rejected. Also if your husband is no longer working and is claiming welfare this would make him inelligible to sponsor you.

I'll maybe refrain from offering advice as the senior members will know more about this than I do but it may be that you would have to leave Canada, apply for rehabilitation and apply outland again. However, see if anyone with more experience can help.

 

[Alurra71]

OK. Let me see if I can help you even a little bit here.

1. No, you don't qualify for the OWP program because you were denied your extension and have no status.

2. I am not sure if that will work in this case. I suggest you send a private message to a member named Bartjones. His wife had issues similar to yours and he knows a great deal about the whys and hows.

3. You are not on implied status. You are currently in Canada illegally. You were ordered to leave on Dec 8 2014, based on your own admission.

It currently sounds as if the only way you can remedy the situation would be to possibly withdraw your application, leave on your own before you get 'caught' and receive an exclusion order, apply for your rehabilitation and a entirely new application from outside of Canada. I know you said your spouse was laid off, so would it be possible for him to return home with you while you guys wait out your application?

I think you can overcome all of this and get your PR status in Canada, but I think it's going to take a bit of backtracking on your part to get it all straightened out first.

Wish you the best of luck.

 

[Ponga]

A person can submit both simultaneously, but the rehabilitation request will be processed first, which takes a long time.

I'll add that 5 years must pass after the completion of the sentence for the DUI, NOT the date of the DUI. If this happened in November 2009, it's possible that the 5 years have not yet passed.

The OP is now out of status and was given a Departure Order to leave Canada last month. If she doesn't do that ASAP, she could be facing an Exclusion Order (which means a ban of at least 1 year, possibly longer), or even worse...a Deportation Order, which would ban her for life (unless she's granted special permission to return).

My advice, unless the 5 years HAVE passed for the sentence, would be for her to return home ASAP to prevent the Departure Order from growing into something really terrible.

I sincerely wish her (and her family) good luck. They will get through this!

 

[claire lee]

Thank you for the replies.. It helps me a lot
I was really scared if I have to leave ASAP so I called Cic call centre.
the agent told me that yes I am not on implied status or anything but I can stay here until decision is made for spouse sponsorship.
I was charged of DUI in may but i paid my fine in December 2009.
So I think my five years passed since completion of my sentence
Thank you for wishing me luck.

 

[Ponga]

Thank you for the replies.. It helps me a lot
I was really scared if I have to leave ASAP so I called Cic call centre.
the agent told me that yes I am not on implied status or anything but I can stay here until decision is made for spouse sponsorship.
I was charged of DUI in may but i paid my fine in December 2014.
So I think my five years passed since completion of my sentence
Thank you for wishing me luck.

Since you paid your fine in December 2014 (but you originally said December 2009), THAT'S when the five years starts, because that's when you COMPLETED your sentence.

Unfortunately, you will likely be denied for PR until you have applied for (and have been approved for) rehabilitation.

Good luck!

 

[claire lee]

Sorry I meant I paid my fine in Dec 2009.
Sorry for the confusion again

Since you paid your fine in December 2014 (but you originally said December 2009), THAT'S when the five years starts, because that's when you COMPLETED your sentence.

Unfortunately, you will likely be denied for PR until you have applied for (and have been approved for) rehabilitation.

Good luck!

 

[canuck_in_uk]

letterrdered me to leave on december 8th,2014.

If a person is ordered to leave but doesn't, it's CBSA that takes action to formally remove that person from Canada.

You were told to leave. Regardless of the inland PR app and everything else, it's possible that when CBSA checks and sees that you haven't left, they will start deportation proceedings.

 

[claire lee]

But as heard by Call centre and Paralegal.
I can stay in canada no one takes action until decision is made for PR application. ..

If a person is ordered to leave but doesn't, it's CBSA that takes action to formally remove that person from Canada.

You were told to leave. Regardless of the inland PR app and everything else, it's possible that when CBSA checks and sees that you haven't left, they will start deportation proceedings.

 

[canuck_in_uk]

But as heard by Call centre and Paralegal.
I can stay in canada no one takes action until decision is made for PR application. ..

That's not true. Inland applicants can and HAVE been removed from Canada during the PR process.

The call centre staff are not trained immigration consultants. They type the stuff you say into a computer and follow what it says. They are notorious on here for providing misleading or completely wrong advice. A paralegal is also not a trained immigration consultant and like the call centre, they and even lawyers often provide wrong advice.

I'm not trying to scare you but you need to be aware of the possibilities.

 

[Ponga]

But as heard by Call centre and Paralegal.
I can stay in canada no one takes action until decision is made for PR application. ..

Since you were told to leave Canada (in a letter), this means that you are more than likely already `Removal Ready'. This means that [if you are], you would NOT benefit from the public policy that CBSA has/had in place, to defer removal for someone that has an inland application submitted.

Generally (but not always), a person that is out of status that has submitted an Inland application is not removed (unless there are criminality issues), but if that person is already on CBSA's `radar', they may not be as fortunate.

 

[claire lee]

I seriously don't know what to do.
I can't just leave without knowing that where am I and What am I here.
as advised by the paralegal who helped me whole process for my PR application.
He told me I didn't even have to apply for an extention because once I send off my application(and I got AOR letter on July 22th 2014) then I can stay in canada until decision is made and I included my OWP application and all the proofs and evidence related to my DUI charge if it's faild he said he will try to send application on H&C grounds.
I called CIC centre and talked 3,4 agents. and they giving me the same answer. I fell out of status since My extention visa got rejected but I can stay still.
how can I actually know who is right? who can I call so I can at least know the truth.
It's much harder than I could ever expect...
I just found the one I love and want to be with him building our life together..
I know I made the terrible mistakes and since that happened I didn't even dare try to get my license back because I got disgusted myself for what I did.

Since you were told to leave Canada (in a letter), this means that you are more than likely already `Removal Ready'. This means that [if you are], you would NOT benefit from the public policy that CBSA has/had in place, to defer removal for someone that has an inland application submitted.

Generally (but not always), a person that is out of status that has submitted an Inland application is not removed (unless there are criminality issues), but if that person is already on CBSA's `radar', they may not be as fortunate.

 

[Ponga]

I seriously don't know what to do.
I can't just leave without knowing that where am I and What am I here.
as advised by the paralegal who helped me whole process for my PR application.
He told me I didn't even have to apply for an extention because once I send off my application(and I got AOR letter on July 22th 2014) then I can stay in canada until decision is made and I included my OWP application and all the proofs and evidence related to my DUI charge if it's faild he said he will try to send application on H&C grounds.
I called CIC centre and talked 3,4 agents. and they giving me the same answer. I fell out of status since My extention visa got rejected but I can stay still.
how can I actually know who is right? who can I call so I can at least know the truth.
It's much harder than I could ever expect...
I just found the one I love and want to be with him building our life together..
I know I made the terrible mistakes and since that happened I didn't even dare try to get my license back because I got disgusted myself for what I did.

It might be time for you to talk with an experienced lawyer, not a paralegal. AFAIK, you no longer have implied status because your initial visitor extension request was denied. The inland application doesn't give you implied status on its own.

If you are eventually deported (and nobody here wishes that for you), this will be a MAJOR problem for you. Since you have already been told to leave (and haven't) that may have an impact on any possible H&C application, since a PRRA (Pre-Removal Risk Assessment) may not be available to you now...or, if it is, may not be successful. I'm not saying that with certainty, only asking how/if your letter to leave affects your options now.

 

[bankerguy]

I think you should leave the country on your own accord.... asap.

then apply OUTLAND not inalnd... along with your rehabilitation request since by the time they process everything, the 5 years would have passed.

If your man got laid off, he should go with you and back to your home country for a while.. Try to see this as a vacation..or an adventure.

What country are you from? You can check the visa office pr processing times based on country

 

[canuck_in_uk]

I included my OWP application and all the proofs and evidence related to my DUI charge if it's faild he said he will try to send application on H&C grounds.
I called CIC centre and talked 3,4 agents. and they giving me the same answer. I fell out of status since My extention visa got rejected but I can stay still.

Stay away from this paralegal. If he knew anything about the process, he should have known that there was no point in submitting a PR app when you didn't even qualify to apply for rehabilitation. Also, telling you that he could send another app based on H&C was bull****; you have no H&C grounds, so CIC would have simply told you to apply for rehabilitation along with a new spousal sponsorship app. Sounds like nothing more than a money grab.

The CIC call centre agents are not looking at the fact that you have been ordered to leave Canada, nor can they see whether your info has been passed to CBSA, as is the procedure when a person has been ordered to leave. Do not base any decisions on what the call centre tells you.

Your best option is to leave Canada, cancel the inland app and apply outland with a rehab app.