Rehabilitation issues?

[crassy]

My husband and I applied for his permanent residency in September. I have been approved as a sponsor and his application is now in process. We have had to apply for individual rehabilitation due to a DUI he had in 2003 (and a rather embarrassing public drunkenness charge in 2005). Here, though, is my issue.

We have visited Canada twice as a family. Neither time was he asked about his conviction. I am not entirely sure when I found out about the DUI or if I knew when it happened. In my letter for his rehabilitation I do say that he was upfront about his poor behaviour as a teenager.

Tonight when looking at the CIC website it says:

If you knowingly enter Canada while you are inadmissible, then later make an application for permanent residence in Canada, your application for permanent residence is likely to be refused. This applies even if you are sponsored as the spouse or partner of a Canadian citizen or permanent resident.

So, I don't know if a) I knew that he had a DUI, b) that I knew at the time you couldn't enter Canada with a DUI, c) that he knew you couldn't enter with a DUI.

I realise that ignorance is not an excuse and we should have checked prior to visiting but we didn't.

My questions:

Has anyone come across this situation before?


What, if any, was the outcome?

How does one prove that the knew/did not know they were inadmissible or will it generally be looked upon as people should have known and thus PR will be denied?

Is there anything I can do other than sit here and have a heart attack?


I have been Googling like mad but nothing comes up concerning people having entered Canada whilst still inadmissible, not being asked and not knowing that they couldn't enter, and then applying for PR.

 

[barcomi]

Hi,

Any luck with the rehabilitation application? Which office did you apply in? I did in the UK.

I am pretty much in your shoes ...

I had DUI in 2004, got my license back in February 2005. I have visited Canada 3 times in the last few years and noone asked me about my conviction. Did I know I cannot enter Canad with DUI? Absolutely not! I did a basic police certificate in 2009 that did not show anything, it did not show anything as convictions in the UK are considered "spent" after 5 years. With this I mind I visited Canada with clear mind.

I just started preparting my documents to apply for immigration through the new Federal Skilled Worker program. My wife is the main applicant.
When I received my ACRO police certiticated it showed my DUI from 2004 and this is when I realized I need to apply for individual rehabilitation. I did last week and now I am waiting to see what happens. What worries me is the fact that it might take up to an year to get approved, where I was hoping to send documents for visa next month ... In my rehab application I told them that I have visited Canada 3 times and noone asked me about my conviction. I didn't say I didn't know I should have visited, perhaps I should have, but reading at other forums other people have done the same and have been approved.

What my questions is, can I send documents for federal skilled worker whilst waiting for rehab approval? Reading the same Quote you have posted, it seems I cannot apply for federal skilled worker visa until I get the approval. Not sure if I could argue I didn't know.

I have decided to wait for a month or two and discuss/hire a lawyer.

 

[crassy]

Do not fret! I spoke to a lawyer and he said that since there was no misrepresentation it shouldn't be an issue. CIC can still deny a visa, but he said this probably won't be the reason they do.

 

[barcomi]

Well, I guess I'll just wait until I receive the Rehabilitation approvel (hopefully approval). Have you received yours yet?

 

[crassy]

Nope. We were told that for family class it takes 2-4 weeks. It is done at the same times as our PR application so we won't know until we are proved or denied for that. Just doing a rehab application can take over a year.

 

[rbkrzmarcik]

Nope. We were told that for family class it takes 2-4 weeks. It is done at the same times as our PR application so we won't know until we are proved or denied for that. Just doing a rehab application can take over a year.

Hi there,

I am sponsoring my husband for Permanent residency from Outside canada (us citizen) and our application has been in process for 19 months already and we found out we now have to apply for Rehabilitation.
This 2-4 week for processing... would that apply to us once we submit the application for rehabilitation at the visa office in the US? We were concerned it would take another year on top of the 19 months we've already been in process... do you have any insight on this?

Thanks!

 

[ReedieBC]

Hello,

I'm new to the forum and have a question. I'm applying via the BC PNP. My PR application & medical exam were received in December, 2012. I received a message from CIC-Sydney requesting the original police report and court documentation from a criminal matter that occurred in the States. I contacted the state where this happened and they sent copies (I don't have the originals).

1. Will the copies the court and police sent be ok? If they demand originals, which don't exist, what can I do?

2. Is there a risk that I can be denied PR status due to the criminal record? It was a charge of Improper Use of 911 which was charged as a violation (same degree of seriousness as a traffic ticket). If I am denied, what can I do?

I'm having some serious anxiety about this. Mostly because it is bringing up unpleasant memories of a regrettable incident that happened 13 years ago when I was 20 years old. I really want to stay and live in Canada, be a productive citizen (once I'm eligible) and enjoy my new life.

Thanks

 

[jonaldopr]

Hi folks,

Im from Dublin and had a regrettable DUI stop in Perth back in 2007. Obviously its now been over 5 yrs since so I have to apply for individual rehabilitation in order to get a working holiday visa for canada next year. Im aware that i need police certs from every place I lived in so have applied for ireland and the UK certs but have a cert from Australia which shows my dui convictions from 2007 but I got it in may of last year 2012. Due to the fact I havent been back since I left in 2009 do I still have to have a cert which is recently dated. The way I look at it, I havent been back in the country since so this Police cert from last year shows whatever criminal history I have. Any help/feedback would be great, much appreciated.

 

[PMM]

Hi

Hi folks,

Im from Dublin and had a regrettable DUI stop in Perth back in 2007. Obviously its now been over 5 yrs since so I have to apply for individual rehabilitation in order to get a working holiday visa for canada next year. Im aware that i need police certs from every place I lived in so have applied for ireland and the UK certs but have a cert from Australia which shows my dui convictions from 2007 but I got it in may of last year 2012. Due to the fact I havent been back since I left in 2009 do I still have to have a cert which is recently dated. The way I look at it, I havent been back in the country since so this Police cert from last year shows whatever criminal history I have. Any help/feedback would be great, much appreciated.

It doesn't matter,thats not the way CIC looks at it, you need a new PCC from Australia, as they can't older than 3 months when submitted.