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Police check certificate has DUI

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brucettea

Newbie
Oct 30, 2013
3
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My husband just received his police check form Spain and he has a DUI from 2006. He is applying for a PR visa. Does anyone know how this would or could affect our the decision process? Should wait until the new year when he can reply for a clean record?

Thanks
 
sorry i have no much idea about it, but you can check with the police officer in spain how to waive the record on him.. i hope there is a way you guys can waive it..
 
brucettea said:
My husband just received his police check form Spain and he has a DUI from 2006. He is applying for a PR visa. Does anyone know how this would or could affect our the decision process? Should wait until the new year when he can reply for a clean record?

Thanks
Click to expand...

I believe that DUI carries prison time in Canada and can therefore make yur husband inadmissible to Canada. I am not sure if wiping the record would make a difference as you still have to declare the crime.
Wait for others to reply but I recommend seeking legal advice before proceeding
 
Hi


brucettea said:
My husband just received his police check form Spain and he has a DUI from 2006. He is applying for a PR visa. Does anyone know how this would or could affect our the decision process? Should wait until the new year when he can reply for a clean record?

Thanks
Click to expand...

1. If he "blew" over .08 (The minimum for Spain is .05) he is inadmissible to Canada as both a visitor and Immigrant.
2. He would have to apply for rehabilitation if 5 years have passed since the completion of the sentence, this includes any license suspension.
3. You can read the information on rehabilitation here: http://www.cic.gc.ca/english/information/applications/rehabil.asp
 
brucettea said:
My husband just received his police check form Spain and he has a DUI from 2006. He is applying for a PR visa. Does anyone know how this would or could affect our the decision process? Should wait until the new year when he can reply for a clean record?

Thanks
Click to expand...

Hi, I have lived in Spain as well.
How did you get the police certificate? Did you send it to the Madrid address in CIC webpage?
How long did it take to get to you?
THANKS.
 
Thanks for all the information.

I got the police certificate from Madrid police headquarters. It took about 2 weeks.

We found out his record can be cleared.

Another issue - he was charged with the same DUI charge in Dubai the same year, 2006, but it did not show up on the Police check from Spain. I am wondering if it will show up on his passport? I also did not see anywhere on the application to declare this, we don't want to lie but should we offer this information?

Thanks!
 
Hi


brucettea said:
Thanks for all the information.

I got the police certificate from Madrid police headquarters. It took about 2 weeks.

We found out his record can be cleared.

Another issue - he was charged with the same DUI charge in Dubai the same year, 2006, but it did not show up on the Police check from Spain. I am wondering if it will show up on his passport? I also did not see anywhere on the application to declare this, we don't want to lie but should we offer this information?

Thanks!
Click to expand...

He needs a Police Certificate from Dubai as well. Yes, it has to be declared in the application. It appears that he has a problem with drinking and driving, it might be the time that he addresses it.
 
I though that if you have "multiple convictions" you get extra bonus points towards inadmissibility?
 
So do you think they actually check to see the extent of the DUI conviction?? I only ask because my husband has one on his record as well. He was under 0.08 but in England anything found in your system is an immediate charge. It happened in September of 2008. Since that date he has traveled to Canada numerous times and has been living here since 2011. I am getting a bit nervous thinking they will say he is criminally inadmissible......Any thoughts at all guys??
 
Oh and I should clarify that we have applied Inland Spousal Sponsorship. So my actual question is will the contact the UK to discover the extent of the DUI or does it matter at all if he was under the 0.08 limit??
 
HI


SmithyLinds said:
Oh and I should clarify that we have applied Inland Spousal Sponsorship. So my actual question is will the contact the UK to discover the extent of the DUI or does it matter at all if he was under the 0.08 limit??
Click to expand...

DUI in the UK is .08 the same as Canada.
 
Yes of course but they also have 0 tolerance.......meaning you can get convicted with only 0.03 in your system per say. The actual title of his conviction is Driving with Excess Alcohol......my question is that if he was under the 0.08 limit (which he was) will that info be available to CIC when assessing our application?
 
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