Sponsoring common-law partner (USA) with DUI

[mfurgoch]

Hello everyone,

I have been reading these forums for a few months now and I think I have come to an unfortunate realization regarding our situation, but I was hoping to draw on the expertise of the group to confirm my findings.

Situation: I am a Canadian citizen (working in USA on TN), and my partner is a US citizen. We would like to move to Canada together and have ample evidence of our relationship ect. My partner was convicted of a DUI in 2011 (not even actually driving, just in car with keys in ignition), and all of the requirements were completed in June 2012. The case was dismissed.

My understanding is that he will is currently inadmissible to Canada, but will qualify to apply for rehabilitation as it has been >5 years (but that this can take 12+months). My assumption is that once he has been "rehabilitated" successfully that we can proceed with our spousal sponsorship? I have not read anywhere about being able to submit the rehabilitation application in conjunction with a spousal sponsorship so I don't think that is possible, but I'd love to be wrong about that.

Thank you all for your help.

 

[Wakki]

https://www.canadavisa.com/canada-i...-usa-invalidate-a-spousal-sponsorship.583536/

 

[LifeDreamer]

Can you clarify what you mean by that the case was dismissed? This is important to advice you on admissibility.

Yes, a rehabilitation app can be submitted with a spousal sponsorship at the same time. This has the benefit of speeding things up so that you don't have to wait for a new application processing after the rehabilitation is presumably approved.

 

[screech339]

Can you clarify what you mean by that the case was dismissed? This is important to advice you on admissibility.

Yes, a rehabilitation app can be submitted with a spousal sponsorship at the same time. This has the benefit of speeding things up so that you don't have to wait for a new application processing after the rehabilitation is presumably approved.

I don't think you can submit a rehabilitation request form at same time as spousal application. The rehabilitation must be approved first before applicant is qualified for PR. What you are doing is submitting a PR application before the rehabilitation is done and approved when the applicant is in fact not qualified for PR. I believe the PR application will get rejected until the rehabilitation is done first.

 

[LifeDreamer]

I don't think you can submit a rehabilitation request form at same time as spousal application. The rehabilitation must be approved first before applicant is qualified for PR. What you are doing is submitting a PR application before the rehabilitation is done and approved when the applicant is in fact not qualified for PR. I believe the PR application will get rejected until the rehabilitation is done first.

When you submit the PR application, the officers will ask you to complete the rehabilitation form and will hold the PR until the rehabilitation is approved. It is also possible to apply for PR after submitting the rehabilitation application and mention this as part of the LOE.

 

[mfurgoch]

Can you clarify what you mean by that the case was dismissed? This is important to advice you on admissibility.

Yes, a rehabilitation app can be submitted with a spousal sponsorship at the same time. This has the benefit of speeding things up so that you don't have to wait for a new application processing after the rehabilitation is presumably approved.

We are requesting the detailed court documents, but the court document summary says that the plea was "guilty", but that once he completed certain community service and took a DUI class it was "dismissed - defendant complied with prosecution conditions".

I have been reading about this more, and it sounds like, if it was dismissed - ie he was never convicted, he should not be inadmissible and not need to be rehabilitated? But that we should be sure to include sufficient evidence to show that it was dismissed.

I am pleased to head that should we need to submit the rehabilitation paperwork that we can do it concurrently with the PR sponsorship.

 

[LifeDreamer]

Ok. Your partner is inadmissible because after the guilty plea a sentence was imposed which was the community service hours and the DUI class. It is in 2011 which means they must go through the rehabilitation process if they intend to come to Canada.

Your partner should prepare and submit the rehabilitation application as soon as possible because on December 18 DUI will be classified as serious criminality and this will cause application fees to raise as well as lengthen the time and complexity of the application process.