Procedural Fairness Letter - Criminal History

[Avinashsk]

You have to wait to 2024 to be eligible to apply.

You can certainly submit all your paperwork in relation to this PFL but you can expect your PR application to be refused. You will need to leave Canada as you are inadmissible, though as your family is here you may have some slim hope of humanitarian considerations.

You really, really need a lawyer.

if I go ahead and submit all the documents with a letter explaining my current situation, there is a possibility that they might approve my PR application on Humanitarian grounds? or they might let me stay and work in Canada till 2024 and I will have to apply again? could you please clarify.

I desperately need a lawyer but i need to know what are the options i have, what to ask and what to expect.
thanks

 

[k.h.p.]

They will not allow you to stay and work and wait to apply again.

A lawyer may help you appeal criminal inadmissibility denial of PR. I do not believe you can overcome this PFL and your pending rejection by just mentioning H and C grounds.

But I can't give you advice about your options. There are basically none. DUI is a very serious offence and you are inadmissible to Canada.

 

[Buletruck]

Lawyer up..….
The fact you plead guilty in court to the charges confirms IRCC's findings. After the 30 days, they will assess your application on the information you provide. Not a lot of humanitarian grounds to overcome a DUI. If they find you criminally inadmissible, you can no longer stay in Canada. They will cancel your visa and turn your file over to CBSA to execute a departure order. If you fail to leave in 30 days, it will become a deportation order and it will all become far more complicated for you later.

 

[canuck_in_uk]

if I go ahead and submit all the documents with a letter explaining my current situation, there is a possibility that they might approve my PR application on Humanitarian grounds? or they might let me stay and work in Canada till 2024 and I will have to apply again? could you please clarify.

I desperately need a lawyer but i need to know what are the options i have, what to ask and what to expect.
thanks

No, your app will not be approved on humanitarian grounds. A DUI is a serious conviction; you put the lives of others in danger. You are inadmissible.

 

[ihardy19]

They will not allow you to stay and work and wait to apply again.

A lawyer may help you appeal criminal inadmissibility denial of PR. I do not believe you can overcome this PFL and your pending rejection by just mentioning H and C grounds.

But I can't give you advice about your options. There are basically none. DUI is a very serious offence and you are inadmissible to Canada.

I was wondering about your response because I am in a similar situation. I was found inadmissible to Canada and issued a deportation order for failure to declare a prohibited item at port of entry. I was not charged or arrested. Seven months later I attended an admissibility hearing where I admitted that I did fail to declare and was issued a deportation order, Permanently banning me from Canada. My Husband is Canadian and I have been here on a work visa awaiting my PR for spousal sponsorship. Today I received a procedural fairness letter and I don't know what to make of it seeing as to the immigration board already made their decision. I have reached out to lawyers who have said they cant really help me. They don't understand why the extreme measures when I was not and have never been charged or convicted of a crime. I was advised to leave Canada and apply for ARC and outland spousal application from my home country which is the US. Any advice? No one seems to really have any answers for me.

 

[k.h.p.]

I don't know. I'm surprised, if you were issued a deportation order, that you got a work visa.

If you got a deportation order that permanently banned you from Canada you should not have been able to return.

What did your PFL state was the reason why it was sent? Was it that you're banned from Canada, or that you didn't declare the deportation, or something else entirely?

 

[ihardy19]

I don't know. I'm surprised, if you were issued a deportation order, that you got a work visa.

If you got a deportation order that permanently banned you from Canada you should not have been able to return.

I was already in Canada on my work Visa when I received the deportation order. What do you even put in a PFL? I cant find any information on deportation order being lifted in response to it.

 

[k.h.p.]

Okay, then your options are either:

1. find a lawyer who can find some reason to appeal the deportation order (expensive and hard)

2. leave Canada and apply for an ARC and outland sponsorship (not as expensive or hard)

You can't really respond to the PFL in any way that will save your PR application, aside from trying humanitarian and compassionate reasons. But that's why you need a lawyer.

 

[canuck78]

Very hard to comment without knowing what you were caught with. For this level of response you would expect it to be pretty sever like drugs, child pornography, etc. Would wait and see what the PFL says and work with a lawyer.

 

[ihardy19]

Very hard to comment without knowing what you were caught with. For this level of response you would expect it to be pretty sever like drugs, child pornography, etc. Would wait and see what the PFL says and work with a lawyer.

I had a 17 round magazine for one of my firearms

 

[keesio]

I had a 17 round magazine for one of my firearms

yeah, this is pretty serious here.

 

[k.h.p.]

Yeah, that's super serious.

 

[ihardy19]

yeah, this is pretty serious here.

Yes but banned for LIFE serious? I have a firearms license. The item left Canada with me(where it was purchased). All my magazines were in the car and 10 round except for this one which I was not aware was over capacity. have an active PAL and I explained To them the oversight. I even got the Canadian retailer where I purchased the firearm to admit it was purchased there and it could have been an oversight because it was a consignment piece that probably was supposed to be pinned not to exceed 10 but was not. The local authorities declined to lay charges. I was not the driver of the vehicle so in actuality I did not fail to declare because I was not asked specifically any questions. The immigration lawyers I consulted with said I need to speak to criminal lawyers. The criminal lawyers say I wasn’t charged or convicted so no options for rehabilitation or anything. I don’t know what to put in the response to my PPL. So I suppose I’m totally screwed

 

[k.h.p.]

You did fail to declare. "Declare" means to proactively disclose. "Respond" means to answer questions.

You can't, for example, have 120kg of cocaine with you and if it's discovered on a secondary inspection, say "well, I didn't declare it because you didn't ask."

You can leave Canada and apply for an ARC. Or hire a lawyer for an appeal of the deportation order. But since there is no pathway to appeal for inland spousal sponsorship, you'll likely need to start the sponsorship process over again.

 

[ihardy19]

You did fail to declare. "Declare" means to proactively disclose. "Respond" means to answer questions.

You can't, for example, have 120kg of cocaine with you and if it's discovered on a secondary inspection, say "well, I didn't declare it because you didn't ask."

You can leave Canada and apply for an ARC. Or hire a lawyer for an appeal of the deportation order. But since there is no pathway to appeal for inland spousal sponsorship, you'll likely need to start the sponsorship process over again.

I get what you are saying. I was just pointing that out because they originally said I was smuggling but then amended it to failure to declare. But I had nothing to hide. It’s hard to express what I’m trying to say in person because I was not trying to hide anything. When I entered Canada I knew I was getting sent to secondary because my husband received a seizure for a pocket knife in 2018, they did not fine is because the ban was recent but put a notice on our record for 7 years. Every time entering Canada since then we were sent to secondary. So, I was not actively trying to withhold anything which they know which is why they made the amendment. They knew me, I was crossing minimum 8 times a month. What happened was an honest mistake/misunderstanding. All I’m saying is I took full responsibility for what happened and my property I just think a lifetime ban and separating me from my family is extreme.