partner is pregnant Canadian resident UK criminal record immigration PLEASE HELP

[beanutbutter]

Hello forum This is my first post and quiet a complicated one so please bare with me (would REALLY like some advice with this)

My partner is a Canadian born citizen whom ive been seeing for 5 years now via her visits to myself in the UK

During our most recent time together we believe she may have fallen pregnant although we do need to confirm this

My question is being that i have a UK criminal record for crimes committed back in 2010 when my life was going through a very bad patch and i had issues with drink which i am now 3 years T total

I have 4 offences to my name all of which i was under the influence hence my realization that alcohol was a major problem in my life that had to be erased, i have served no jail time and none of the crimes committed were of drug or violent nature (not to take away the seriousness but just to help paint the picture here)

given that 5 years have almost passed since my ending of probation and no further crime has been committed and my life is evidently changed drastically, if my partner is pregnant i intend to marry her sooner than expected and she hopes to sponsor me as her spouse

in peoples experience or knowledge what is the likelihood i am permitted entry to Canada?

Any questions please ask and any advice or opinions are invaluable to me

Thank you

 

[saria1]

Each case is so individual, I don't think you will know until you apply for rehabilitation after you hit the 5yr mark. Good luck!

 

[beanutbutter]

I appreciate that and thank you for your response

Just as a very broad overview do you think my case appears to be an open and shut? or is there really no way at all of predicting

Do people in my positions get a face to face chance to try and prove their change in character and reasons why chance of re offending are nil?

I feel given an interview if there was even a slim chance that I have an overwhelming amount of evidence to prove that my convictions were most certainly out of character due to intoxication and that I have completely come to terms with the negative effects alcohol had on me

 

[saria1]

I wish I was able to help more, or give you some peace of mind, but I don't have any experience with this. Maybe they will be more willing to approve it if you marry a Canadian and are planning to apply for PR? Can you schedule an appointment to speak with someone at the embassy?

Hopefully other members with experience can help out with this.

 

[beanutbutter]

I have been really stressed about this, the mistakes we make in the past definitely come back to haunt you

I dont want it to be perceived as I am simply looking for an IN, my commitment to my partner means I would move to where ever she resided regardless of location, its due to family constraints that she is unable to permanently reside in the UK although can do whilst waiting for myself to be permitted entry to Canada

Yes i am looking to get permanent residence and given the circumstances from what I can gather it would be fairly likely she would be able to sponsor me as her spouse if not for my criminal history

at some stage i would be able to speak to the Canadian embassy which is 2 hours from my home down in London i believe

I have come to this forum for as you say just some sort of peace of mind or a glimmer of hope, ill spare the whole "people deserve a second chance" which so many fall back on however I have literally turned my life around in every aspect, I am nothing of the man i was and i believe i can prove this given the opportunity to do so outside of just filling in a questionnaire

 

[scylla]

I suspect you shouldn't have any issues having a rehabilitation application approved.

A few things to keep in mind...

You haven't disclosed the nature of your offences, however chances are you won't be able to apply for rehabilitation until five years have passed from the time you completed the sentence/penalty for your last conviction.

It takes time for the rehabilitation application to be processed and you won't be able to enter Canada (even as a visitor) until the rehabilitation application is approved.

Your partner cannot sponsor you for permanent residency until you are either married or common law (have lived together for at least a year).

 

[bartjones]

Agree with scylla. Without knowing the exact offences you were convicted of, it's impossible to say.

 

[beanutbutter]

Ok well thank you for shedding some light

My offences are as follows:

DUI, failure to stop, Driving without due care and attention (all of which fall under the same offence as committed at the same time)

Threatening behavior (one sentence of threat to a large group of people whod hurled homophobic insults at my friend)

failure to adhere to a court order (this is very arguable)

*as committed as a minor* criminal damage

My brief for sake of ease explanation of each are the DUI yes i put my hands up out right unacceptable, followed a 24 month ban reduced to 18 due to attendance and completion of a drink driving awareness course

threatening comment i have no recollection of making however due to me being intoxicated the court came to the conclusion i was guilty under account of not being aware of my actions

failure to adhere to court order was on the final session of community service for which i was sentenced for the DUI i came in "smelling of alcohol" I had drank the night before but believed enough time had passed

criminal damage was my sister was an ex drug user and she had ran off threatening to re use, upon arriving at her bedsit with her ex partner she did not answer the door although we knew she was inside, concerned for her safety i forced entry damaging the front door to the bedsit, my sister had phoned the police believing she was under attack although tried to withdraw the complaint on realizing the circumstance however because the property was not hers it was down to the land lord and he decided to press charges (i was 15 at the time)

Im aware that my biggest threat to residency is the DUI but feel if i can prove my abstinence from alcohol through my commitment to meetings and never actually showing a physical dependence and passing a liver enzyme test to get my license back, maybe i can prove i am rehabilitated

i guess my main case in interview would be that every offence i committed was within a 2 year period of my life (aside from the offence at 15) and that i was a regular binge drinker at that time as many people in the uk are at that age (sadly its ingrained in the culture) and now that I have eradicated alcohol from my life there is a zero chance of re offending

 

[Alurra71]

I think your biggest hurdle is going to be the DUI as well. The others, likely would play a very minimal part in this entire situation.

As stated before. You will need to apply for rehabilitation no less than 5 years after COMPLETION of your sentence.

In regards to the failure to adhere, did you finally complete your sentence and do you now have the 'all clear' that all of your probation and sentences have been cleared? All fines and/or restitution are now paid in full?

If you can answer yes then you can likely apply for rehabilitation and once you and your girl are married, you can then proceed with your sponsorship. I suspect Bart will be a fount of useful information in regards to the DUI as he has also gone through this situation with his wife. Follow any and all steps he outlines for you in regards to getting that part taken care of he knows what he's talking about.

Finally, good luck and if you're ready, congrats on the potentially new baby in your life

 

[bartjones]

Okay, thanks. It looks like the 3 most recent convictions (DUI, Uttering Threats, Failure to Comply with a Court Order) are going to create a problem for you. Can you tell us the dates on which you completed your sentence for each of those offences? The 5 year period to apply for rehabilitation begins to run from those dates. Without knowing the dates it's impossible to say whether you're in a position to apply for criminal rehabilitation.

All 3 of those offences are 'hybrid' under the Criminal Code, and therefore deemed indictable under the IRPA. You'll need to be concerned with all of them.

 

[beanutbutter]

thats most certainly brightened my day

it will be a long an arduous road i am sure and myself and my partner intend to hire a lawyer to make sure everything is covered and i have the best possible chance

the DUI is without a doubt my biggest regret in life even before my decision to try to immigrate to Canada

i cannot thank you all enough for your advice as i have spent HOURS and hours researching on CIC and previously started threads however as stated by an above poster each case is individual so its very difficult to get an idea of what to expect

Having a child on the way would be fantastic, i just hope i am as fortunate in my goals of settling with my partner in Canada as i have been on meeting her and potentially fathering a child with her

EDIT - I will grab my CRB check now and confirm dates and end of court orders, fines, probation etc

 

[beanutbutter]

25/08/11

failure to comply with the requirements of a community order

guilty resulting from original conviction of 18/01/11 order revoked

10/01/11

----------------------------------------------

failing to stop after an accident

guilty sentence postponed

sentenced 18/01/11

guilty community order 17/01/12
driving license endorsed
costs £85
unpaid work - 50hrs
curfew 3 months
order revoked 25/08/11
subsequently varied 25/08/11

----------------------------------------

DUI

sentenced 18/01/11

disqualified from driving for 24 months, reduced if course completed - rehab course completed disqualification reduced by 6 months
unpaid work requirements 50hrs
curfew with tag 3months

----------------------------------------------------

driving without due car and attention

sentenced 18/01/11

no separate penalty

--------------------------------------------------

use threatening abusive insulting words

sentenced 08/11/10

community order 07/11/11

costs £85
community service 100hrs



Any other questions please ask

 

[bartjones]

Thanks, that’s somewhat helpful but I’m only able to discern your sentence completion date for the DUI charge. On that one, you appear to have completed the license suspension on July 18, 2012. That would mean you will be eligible to apply for criminal rehabilitation on the DUI on July 19, 2017. Unfortunately, until you are able to get a rehabilitation order on that offence, you will be inadmissible to Canada and your PR application will most certainly fail.

The same applies to the other charges. You can apply for rehabilitation 5 year from the date you completed your sentence. Like I said, based on the information you provided, I can’t see the sentence completion dates for the other offences.

Sorry to be the bearer of bad news, but it looks like you’re going to have to wait it out.

 

[beanutbutter]

I think you are correct on that date to mark 5 years since the last court imposed punishment

all court costs and fines were paid in full

and all probation was met

as i say the failure to comply with a court order i still believe is arguable however ist done now and i technically did attend and complete nearly every session as this was my second to last session leaving me with 6 hours remaining when it was terminated, i hadnt missed a single session or showed late up

Im aware that my chance of visiting or residing in Canada before the 5 year mark are practically nil however given the information provided at this point and given the circumstance would you believe i have a strong enough case to warrant PR after the 5 year mark

is it unheard of for people with multiple offences ever getting permanent residency in Canada?

EDIT - You mentioned that my offences were hybrid and of large concern due to the fact theyre considered indictable offences

baring in mind the potential of a child on the way (not definite) and the fact i intend to marry my partner do you believe that these factors would be taken in to consideration after the 5 years mark and could influence my case in anyway?

 

[bartjones]

Im aware that my chance of visiting or residing in Canada before the 5 year mark are practically nil however given the information provided at this point and given the circumstance would you believe i have a strong enough case to warrant PR after the 5 year mark

is it unheard of for people with multiple offences ever getting permanent residency in Canada?

I really don't know the answer to that question. Issues of criminal inadmissibility are complicated. You would be well advised to consult an experienced Canadian immigration lawyer to determine what your chances are.

Best of luck to you.