Procedural Fairness Letter Responses DUI

[Avinashsk]

Hello everyone,
I have received a procedural fairness letter from immigration Canada. Just to give you a little bit of background I did got caught and was charged with DUI to which I pleaded guilty. I was prohibited from driving for one year which completed in March this year. Last year I applied for PR under the provincial nominees' program, I have passed my medical and was asked to submit the PR fee, which I did. And now I have received a letter which reads;

This is in reference to your application for permanent residence in Canada.
After careful and thorough consideration of all aspects of your application and the supporting information provided it appears that you do not meet the requirements for a permanent residence visa. Because you are a person described in paragraph 36(1) (a) of the immigration and refugee protection act. You would, therefore, be criminally inadmissible to Canada.
1) paragraph 36(1) (a) renders inadmissible a foreign national on grounds of criminality for having been convicted in Canada of an offense under an act of parliament punishable by way of indictment or of two offenses under any act of parliament not arising out of a single occurrence.
You have been convicted in Canada on about March 05 2018 of an offense under Article 253(1)(B) 255(1)CC with a blood alcohol content of 80 mg namely driving under influence_ Blood alcohol content this offense would be punishable by way of indictment under section 320.14(1) of CCC punishable by up to 10 years imprisonment.
Subsection 11(1) of the act states that the visa or document shall be issued if following an examination the officer is satisfied that the foreign national is not admissible and meets the requirements of this act. It appears that you are inadmissible for the reasons set out above. Before I make a final decision, you may submit additional information relating to your criminal background.
You must provide any additional information within 30 days from the date of this letter.

#######
I made a big mistake I know that. But I have learned my lesson, I gave up drinking the very day I was caught, trying to help a friend reach home after he broke his car in front of my house.

I have worked really hard to come this far. I am in a situation that I can not figure out how to handle. I am here in Canada with my wife, my 9 years old son who goes to school, my 4 months old daughter who is born here hence a Canadian Citizen. I lost my father last month who was visiting me here in Canada and had a stroke from which he could not recover. my visa runs out in January 2020. I desperately need help.

What do you think, what do I need to do to get myself out of this situation and get my permanent residence.

I went to see a pardon officer who said that I can not apply for pardon as of now because it's too early. She pointed out that in the letter it says the charge is indictment which as per her means someone was hurt, but no one was hurt / there was no accident. They pulled me over and took me to the police station for the test. I just checked on the court papers it says summary conviction, not an indictment.

 

[k.h.p.]

As in the other thread where you commented:

If a charge is hybrid (it could be summary or indictable) immigration law considers it to be indictable. You are inadmissible for five years past the completion of your sentence. You will then need a record suspension (pardon).

While you can supply your documents and inform the officer that the conviction was a summary one, expect your PR to be denied for serious criminal inadmissibility.

At that point you will most likely need to leave Canada as CBSA will issue you a departure order once you have been found inadmissible.

A lawyer could appeal a PR refusal and argue for humanitarian and compassionate considerations as your family is here. But I'm not a lawyer and can't tell you the chances.

You could attempt to overcome inadmissibility and seek permission to remain in Canada through a TRP but your chance of getting a work permit would be likely nil.

You have committed a very serious crime that would normally see you inadmissible to Canada. You need a lawyer, now.

 

[scylla]

Hello everyone,
I have received a procedural fairness letter from immigration Canada. Just to give you a little bit of background I did got caught and was charged with DUI to which I pleaded guilty. I was prohibited from driving for one year which completed in March this year. Last year I applied for PR under the provincial nominees' program, I have passed my medical and was asked to submit the PR fee, which I did. And now I have received a letter which reads;

This is in reference to your application for permanent residence in Canada.
After careful and thorough consideration of all aspects of your application and the supporting information provided it appears that you do not meet the requirements for a permanent residence visa. Because you are a person described in paragraph 36(1) (a) of the immigration and refugee protection act. You would, therefore, be criminally inadmissible to Canada.
1) paragraph 36(1) (a) renders inadmissible a foreign national on grounds of criminality for having been convicted in Canada of an offense under an act of parliament punishable by way of indictment or of two offenses under any act of parliament not arising out of a single occurrence.
You have been convicted in Canada on about March 05 2018 of an offense under Article 253(1)(B) 255(1)CC with a blood alcohol content of 80 mg namely driving under influence_ Blood alcohol content this offense would be punishable by way of indictment under section 320.14(1) of CCC punishable by up to 10 years imprisonment.
Subsection 11(1) of the act states that the visa or document shall be issued if following an examination the officer is satisfied that the foreign national is not admissible and meets the requirements of this act. It appears that you are inadmissible for the reasons set out above. Before I make a final decision, you may submit additional information relating to your criminal background.
You must provide any additional information within 30 days from the date of this letter.

#######
I made a big mistake I know that. But I have learned my lesson, I gave up drinking the very day I was caught, trying to help a friend reach home after he broke his car in front of my house.

I have worked really hard to come this far. I am in a situation that I can not figure out how to handle. I am here in Canada with my wife, my 9 years old son who goes to school, my 4 months old daughter who is born here hence a Canadian Citizen. I lost my father last month who was visiting me here in Canada and had a stroke from which he could not recover. my visa runs out in January 2020. I desperately need help.

What do you think, what do I need to do to get myself out of this situation and get my permanent residence.

I went to see a pardon officer who said that I can not apply for pardon as of now because it's too early. She pointed out that in the letter it says the charge is indictment which as per her means someone was hurt, but no one was hurt / there was no accident. They pulled me over and took me to the police station for the test. I just checked on the court papers it says summary conviction, not an indictment.

You are inadmissible to Canada at this time and a pardon is not possible. You will need to wait for 5 years to pass from the time you completed your penalty / paid your fine before you will qualify for rehabilitation. So if that was March this year, you will qualify to apply for rehabilitation in March 2024. Until rehabilitation is approved, PR is not an option for your and your family. As the other poster said above, your only option at this time to remain in Canada past the expiry of your work permit is a TRP. However even if you get the TRP approved, this still won't allow you to apply for PR. Applying for PR won't be possible until 2024 or 2025.

 

[Avinashsk]

As in the other thread where you commented:

If a charge is hybrid (it could be summary or indictable) immigration law considers it to be indictable. You are inadmissible for five years past the completion of your sentence. You will then need a record suspension (pardon).

While you can supply your documents and inform the officer that the conviction was a summary one, expect your PR to be denied for serious criminal inadmissibility.

At that point you will most likely need to leave Canada as CBSA will issue you a departure order once you have been found inadmissible.

A lawyer could appeal a PR refusal and argue for humanitarian and compassionate considerations as your family is here. But I'm not a lawyer and can't tell you the chances.

You could attempt to overcome inadmissibility and seek permission to remain in Canada through a TRP but your chance of getting a work permit would be likely nil.

You have committed a very serious crime that would normally see you inadmissible to Canada. You need a lawyer, now.

So i should not try to tell the officer that it was a summary not the other one. I got the point. But what to reply? And do i apply for TRP right away? Can i start the pardon process now or do i need to wait for 5 years.

You are inadmissible to Canada at this time and a pardon is not possible. You will need to wait for 5 years to pass from the time you completed your penalty / paid your fine before you will qualify for rehabilitation. So if that was March this year, you will qualify to apply for rehabilitation in March 2024. Until rehabilitation is approved, PR is not an option for your and your family. As the other poster said above, your only option at this time to remain in Canada past the expiry of your work permit is a TRP. However even if you get the TRP approved, this still won't allow you to apply for PR. Applying for PR won't be possible until 2024 or 2025.

Thanks for the advice. When should I apply for TRP ?

 

[k.h.p.]

This is why you need a lawyer.

You can't apply for a pardon yet. The pardon officer told you that.

You can't apply for the TRP until you're inadmissible.

 

[canuck78]

You still would need a work permit to work so your TRP plan still has quite a few issues. Hopefully your father took out insurance before visiting Canada or you may also be paying off a large hospital bill on top of your PR issues.

 

[Avinashsk]

You still would need a work permit to work so your TRP plan still has quite a few issues. Hopefully your father took out insurance before visiting Canada or you may also be paying off a large hospital bill on top of your PR issues.

Yes, he was insured for a medical emergency. I am talking to a lawyer to help me with PFL. They are expensive to write a letter but I don't have a choice. as per them because it is my first and only offense and I have my family, my son, my 4 months old daughter who is Canadian citizen, my wife here with me, I have lived in Canada for the last 5 years now, so they might grant me the approval on H and C. my blood alcohol was 96 and my lawyer made me plead guilty. Even the judge asked me on three occasions that if I was sure to plead guilty but I was dumb enough to say yes. I don't have any property back home and the profession I am in if I had to go back I will not be able to afford to send my kids to a good school, forget about anything else so I really can't go back. My father was the one paying for my son's education and other expenses. I am a big believer in GOD and in the mysterious ways he works in, I gave up drinking alcohol the very day I was charged, maybe it happened for good as no one was hurt and I am sure giving up drinking alcohol is good for my health too. I wrote a letter to my case officer last year to inform them about the DUI. My family and I have been asked for a medical, background check and PR fee, and pre-arrival letter has been issued for my wife and son, and this is after I made them aware of the DUI, which gives me hope. I pray to Lord to give me this approval so that I can help my family with a better life ahead and not make them pay for my mistake.

 

[canuck78]

Yes, he was insured for a medical emergency. I am talking to a lawyer to help me with PFL. They are expensive to write a letter but I don't have a choice. as per them because it is my first and only offense and I have my family, my son, my 4 months old daughter who is Canadian citizen, my wife here with me, I have lived in Canada for the last 5 years now, so they might grant me the approval on H and C. my blood alcohol was 96 and my lawyer made me plead guilty. Even the judge asked me on three occasions that if I was sure to plead guilty but I was dumb enough to say yes. I don't have any property back home and the profession I am in if I had to go back I will not be able to afford to send my kids to a good school, forget about anything else so I really can't go back. My father was the one paying for my son's education and other expenses. I am a big believer in GOD and in the mysterious ways he works in, I gave up drinking alcohol the very day I was charged, maybe it happened for good as no one was hurt and I am sure giving up drinking alcohol is good for my health too. I wrote a letter to my case officer last year to inform them about the DUI. My family and I have been asked for a medical, background check and PR fee, and pre-arrival letter has been issued for my wife and son, and this is after I made them aware of the DUI, which gives me hope. I pray to Lord to give me this approval so that I can help my family with a better life ahead and not make them pay for my mistake.

You will have to see what happens but not being able to pay for a good school is not seen as a good reasons if your child can attend school. Same thing as not having any property back home. You could easily rent somewhere to live on arrival. Wish you the best but your lawyer was really stupid and there are often very negative consequences to driving drunk. Luckily you didn’t kill anyone or yourself but whatever happens you have only yourself (and your lawyer I guess) to blame.

Strange that your wife and child got prearrival letters but you didn't. PR is usually an all or nothing situation unless your wife applied without you.

 

[PMM]

Hi

You will have to see what happens but not being able to pay for a good school is not seen as a good reasons if your child can attend school. Same thing as not having any property back home. You could easily rent somewhere to live on arrival. Wish you the best but your lawyer was really stupid and there are often very negative consequences to driving drunk. Luckily you didn’t kill anyone or yourself but whatever happens you have only yourself (and your lawyer I guess) to blame.

Strange that your wife and child got prearrival letters but you didn't. PR is usually an all or nothing situation unless your wife applied without you.

1. There is an excellent chance that the OP will be going to inquiry. 36(1) is serious criminality. A PR would be reported for this offence, and would have no rights of appeal. The chances that a non PR being allowed to remain, are somewhere between slim and none.

 

[Avinashsk]

You will have to see what happens but not being able to pay for a good school is not seen as a good reasons if your child can attend school. Same thing as not having any property back home. You could easily rent somewhere to live on arrival. Wish you the best but your lawyer was really stupid and there are often very negative consequences to driving drunk. Luckily you didn’t kill anyone or yourself but whatever happens you have only yourself (and your lawyer I guess) to blame.

Strange that your wife and child got prearrival letters but you didn't. PR is usually an all or nothing situation unless your wife applied without you.

Well I guess there is only one way to find out what happens next.

I have no idea why pre arrival letters came for my family and not for me. Maybe because I was already in Canada but not my family at that time.

 

[Avinashsk]

Hi




1. There is an excellent chance that the OP will be going to inquiry. 36(1) is serious criminality. A PR would be reported for this offence, and would have no rights of appeal. The chances that a non PR being allowed to remain, are somewhere between slim and none.

I hope to find out soon.

 

[ihardy19]

I hope to find out soon.

Had there been an update in your case? I am in a similar situation and was wondering did you reply to the PFL? If yes, have they made a decision?

 

[babsizkil]

Hello everyone,
I have received a procedural fairness letter from immigration Canada. Just to give you a little bit of background I did got caught and was charged with DUI to which I pleaded guilty. I was prohibited from driving for one year which completed in March this year. Last year I applied for PR under the provincial nominees' program, I have passed my medical and was asked to submit the PR fee, which I did. And now I have received a letter which reads;

This is in reference to your application for permanent residence in Canada.
After careful and thorough consideration of all aspects of your application and the supporting information provided it appears that you do not meet the requirements for a permanent residence visa. Because you are a person described in paragraph 36(1) (a) of the immigration and refugee protection act. You would, therefore, be criminally inadmissible to Canada.
1) paragraph 36(1) (a) renders inadmissible a foreign national on grounds of criminality for having been convicted in Canada of an offense under an act of parliament punishable by way of indictment or of two offenses under any act of parliament not arising out of a single occurrence.
You have been convicted in Canada on about March 05 2018 of an offense under Article 253(1)(B) 255(1)CC with a blood alcohol content of 80 mg namely driving under influence_ Blood alcohol content this offense would be punishable by way of indictment under section 320.14(1) of CCC punishable by up to 10 years imprisonment.
Subsection 11(1) of the act states that the visa or document shall be issued if following an examination the officer is satisfied that the foreign national is not admissible and meets the requirements of this act. It appears that you are inadmissible for the reasons set out above. Before I make a final decision, you may submit additional information relating to your criminal background.
You must provide any additional information within 30 days from the date of this letter.

#######
I made a big mistake I know that. But I have learned my lesson, I gave up drinking the very day I was caught, trying to help a friend reach home after he broke his car in front of my house.

I have worked really hard to come this far. I am in a situation that I can not figure out how to handle. I am here in Canada with my wife, my 9 years old son who goes to school, my 4 months old daughter who is born here hence a Canadian Citizen. I lost my father last month who was visiting me here in Canada and had a stroke from which he could not recover. my visa runs out in January 2020. I desperately need help.

What do you think, what do I need to do to get myself out of this situation and get my permanent residence.

I went to see a pardon officer who said that I can not apply for pardon as of now because it's too early. She pointed out that in the letter it says the charge is indictment which as per her means someone was hurt, but no one was hurt / there was no accident. They pulled me over and took me to the police station for the test. I just checked on the court papers it says summary conviction, not an indictment.

DUI

Hello everyone,
I have received a procedural fairness letter from immigration Canada. Just to give you a little bit of background I did got caught and was charged with DUI to which I pleaded guilty. I was prohibited from driving for one year which completed in March this year. Last year I applied for PR under the provincial nominees' program, I have passed my medical and was asked to submit the PR fee, which I did. And now I have received a letter which reads;

This is in reference to your application for permanent residence in Canada.
After careful and thorough consideration of all aspects of your application and the supporting information provided it appears that you do not meet the requirements for a permanent residence visa. Because you are a person described in paragraph 36(1) (a) of the immigration and refugee protection act. You would, therefore, be criminally inadmissible to Canada.
1) paragraph 36(1) (a) renders inadmissible a foreign national on grounds of criminality for having been convicted in Canada of an offense under an act of parliament punishable by way of indictment or of two offenses under any act of parliament not arising out of a single occurrence.
You have been convicted in Canada on about March 05 2018 of an offense under Article 253(1)(B) 255(1)CC with a blood alcohol content of 80 mg namely driving under influence_ Blood alcohol content this offense would be punishable by way of indictment under section 320.14(1) of CCC punishable by up to 10 years imprisonment.
Subsection 11(1) of the act states that the visa or document shall be issued if following an examination the officer is satisfied that the foreign national is not admissible and meets the requirements of this act. It appears that you are inadmissible for the reasons set out above. Before I make a final decision, you may submit additional information relating to your criminal background.
You must provide any additional information within 30 days from the date of this letter.

#######
I made a big mistake I know that. But I have learned my lesson, I gave up drinking the very day I was caught, trying to help a friend reach home after he broke his car in front of my house.

I have worked really hard to come this far. I am in a situation that I can not figure out how to handle. I am here in Canada with my wife, my 9 years old son who goes to school, my 4 months old daughter who is born here hence a Canadian Citizen. I lost my father last month who was visiting me here in Canada and had a stroke from which he could not recover. my visa runs out in January 2020. I desperately need help.

What do you think, what do I need to do to get myself out of this situation and get my permanent residence.

I went to see a pardon officer who said that I can not apply for pardon as of now because it's too early. She pointed out that in the letter it says the charge is indictment which as per her means someone was hurt, but no one was hurt / there was no accident. They pulled me over and took me to the police station for the test. I just checked on the court papers it says summary conviction, not an indictment.

DUI is now a serious crime under immigration law, therefore you're likely to be issued a removal order. Except if you're applying for your PR as a protected person and your lawyer can defend that loosing your protection will put your life and that of your family at risk, if they decided to leave with you. Only then you can remain in Canada as a protected person and not a PR, until you're found admissible or rehabilitated as the case maybe. Alternatively, your lawyer can apply for a TRP or H&C for the interest of a child/ren. Unfortunately, these two applications have no average processing times. Minister delegate has the discretion to grant or refuse your application.

 

[ihardy19]

DUI


DUI is now a serious crime under immigration law, therefore you're likely to be issued a removal order. Except if you're applying for your PR as a protected person and your lawyer can defend that loosing your protection will put your life and that of your family at risk, if they decided to leave with you. Only then you can remain in Canada as a protected person and not a PR, until you're found admissible or rehabilitated as the case maybe. Alternatively, your lawyer can apply for a TRP or H&C for the interest of a child/ren. Unfortunately, these two applications have no average processing times. Minister delegate has the discretion to grant or refuse your application.

I do not have a DUI, I do not have a criminal record either but I was found criminally inadmissible to Canada for failure to declare a over capacity magazine. I was currently going through the spousal sponsorship as my husband is Canada and received a deportation letter as a result of my admissibility hearing. I have been in Canada for 4 years and was sent a PFL but I was thinking it’s pretty pointless to respond.