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police record from over +15 years ago

Billy

Newbie
Mar 6, 2009
1
0
I am sponsoring my husband for permanent residency in Canada (we are making the application living outside Canada).

Unfortunately, he had 3 DUI convictions (outside Canada) when he was young and foolish over 17 years ago (the last one was in 1991 and included a $500 fine and lost his driver's license for 6 months).

In some places of the Immigration documentation (Sponsor's Guide, Immigrants Guide, Criminal Rehabilitation for Persons who are Inadmissible to Canada guide) the wording suggests "you may be deemed to have been rehabilitated if at least ten years have passed since you completed the sentence imposed upon you, or since you committed the offence, if the offence is one that would, in Canada, be an indictable offence punishable by a maximum term of imprisonment of less than ten years".

Does this mean his offences are exempt because it has been over 10 years, or is this at the discretion of the case officer? Meanwhile, should we to apply for rehabilitation to be on the safe side? I understand the rehabilitation application may take up to 18 months... Any advice would be greatly appreciated. BTW he hasn't drank for over 9 years and many friends family coworkers could be a reference (we have been together for 5 years) he is definately rehabilitated with a clean slate since 1991.
 

RobsLuv

Champion Member
Jul 14, 2008
1,838
127
124
Ontario
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
Original:14Mar2007; Reprocess began after appeal:26Apr2010
Doc's Request.
Original:9May'07; Reprocess:7May'10
AOR Received.
Original:28Apr'07; Reprocess:26Apr'10
File Transfer...
n/a
Med's Request
Reprocessing:7May2010
Med's Done....
Jun2010
Interview........
n/a
Passport Req..
30Nov2010!!
VISA ISSUED...
31Dec2010!!
LANDED..........
31Jan2011
The very first thing you should do is request his State and FBI clearances and see whether any of these offences show up. If they do, you have a dilemna because the question becomes who is ultimately responsible for (and qualified to) render an applicant "rehabilitated". And because that question isn't easily answered - other than the obvious separate application for rehabilitated status - you really don't want to submit an application for someone with a criminal record without knowing exactly where you stand before you go there. The process of filing a rehabilitation application reportedly takes take 12-18 months, but I've also heard that US citizens can apply for rehabilitated status at a Canadian port of entry - and I'm not sure why the discrepancy. I would suggest that you consult with a qualified immigration attorney and see if you can get some clarification on the matter before you submit a PR ap.