PR convicted of DUI.

[Milton29]

Hi all

I have lived in Canada for more than 10 years and found a wife and had my children here so needless to say that i consider myself a Canadian even though I do not hold the documentation. (wife and kids are Canadian)
18 months ago a lapse in Judgement landed me a conviction of a DUI charge without contesting it. I was served with a year ban and have since returned to driving following completion of ban and payment of fine.

In light of the upcoming C6 bill amendment, What are my chances of been eligible for Canadian citizenship.
It was a first time offence and I did escape a jail sentence. No one was hurt apart from conscience thanks to my stupidity and I totally deserved it. I have since travelled numerous times through the borders via driving and flying with no issue.
Please advice and thank you in anticipation.

 

[robw]

Were you charged summarily or by Indictment?

In any case, you need to get a lawyer. There is no simple answer for this, but know that you're in a precarious position even without applying for citizenship. You may be subject to removal since a DUI makes you inadmissible for entry into Canada.

Before you apply, you need to make sure that this DUI is expunged from your record. Most criminal charges are automatically purged after 3 years, but DUI's stay on there forever. The only way to get it off is to request a pardon after 5 years after you've paid your fine or finished your sentence (whichever comes later).

As far as I know, you will likely be rejected if you apply with a DUI on your police record.

 

[Milton29]

Thank you for your response Robw.
I have spent the day attempting to figure out if I was convicted by Indictment or by Summary but unless I take a RCMP records check I won't know definitely. How ever because I admitted to my charge and didn't let it got to trial, in the absence of a Jury the Justice of the Piece just went by the Crown Prosecutors recommendation, so I am fairly confident that it was by Summary.

In regards to been possibly under removal order, could you please link me to this OFFICIAL post as all the ones I see refer to if your are a TRP holder and also as stated in my initial post I have crossed over the border numerous times and had encounters with CBSA who haven't mentioned anything. I also recall reading on these forums that the RCMP are obligated to notify the CBSA of this charge when it happens and again I haven't heard from them as well.

 

[PMM]

Hi

Were you charged summarily or by Indictment?

In any case, you need to get a lawyer. There is no simple answer for this, but know that you're in a precarious position even without applying for citizenship. You may be subject to removal since a DUI makes you inadmissible for entry into Canada.

Before you apply, you need to make sure that this DUI is expunged from your record. Most criminal charges are automatically purged after 3 years, but DUI's stay on there forever. The only way to get it off is to request a pardon after 5 years after you've paid your fine or finished your sentence (whichever comes later).

As far as I know, you will likely be rejected if you apply with a DUI on your police record.

1. The OP is NOT removable from Canada, as he was not sentenced to 6 months or more and could of only received a maximum of 5 years.

 

[nairaboy]

Hi




1. The OP is NOT removable from Canada, as he was not sentenced to 6 months or more and could of only received a maximum of 5 years.

Is being on disability after a car accident an issue with application for citizenship?

 

[Milton29]

Hi




1. The OP is NOT removable from Canada, as he was not sentenced to 6 months or more and could of only received a maximum of 5 years.

Hi and thank you for your response.
What about in regards to Citizenship? According to the CIC website it hinges on weather or not it was an Indictable offence.

 

[dpenabill]

As PMM observed, a driving under the influence offence does not make a PR inadmissible.

(A DUI can, depending on particular factors, and usually does result in a FN being inadmissible for a number of years, but NOT PRs).

At the very least, any period of time spent on probation will not count toward physical presence.

The offence is a hybrid offence in Canada, meaning it may be prosecuted as either a summary or an indictable offence. For IRPA purposes, it does not matter whether the offence was actually prosecuted as a summary offence, hybrid offences can be prosecuted as an indictable offence and thus are considered to be indictable offences. Which is why the offence results in the inadmissibility of a FN . . . regardless of how it was actually prosecuted, under Canadian law it could be prosecuted as an indictable offence and therefore is, in the context of IRPA, an indictable offence.

I am not familiar with how these offences are considered relative to citizenship applicants. My guess, but just a guess, is that they are handled the same, meaning a DUI conviction may indeed result in a four year prohibition . . . that is, the PR may need to wait four years after the offence before becoming eligible for citizenship. Check with a qualified immigration lawyer about this. Do not rely on the IRCC help centre telephone representatives for a question like this.

In the meantime, PRs are Canadians under Canadian law. So, you should feel like a Canadian since you are.