stuck on sponsorship eligibility (SA)

[klaus2022]

Hi,

does anyone know if DUI charge of 0.09 can prevent someone to be a sponsor.
I got charged after submitting my application and my application is stuck on eligibility as the sponsor.
Any idea or information will be highly appreciated.

thanks,

Klaus

 

[Ponga]

Are you a Canadian citizen, or are you a PR of Canada?

If the former, you may* be ok, since the only thing I see, is this:
You may not be eligible to sponsor your spouse, partner or child if you:

you were convicted of attempting, threatening to commit or committing a violent criminal offence, any offence against a relative or any sexual offence inside or outside Canada

[source]: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/eligibility.html

*I say `may', because I believe that a DUI in Canada is considered a serious criminal offence, which may very well bar you from sponsoring someone, even though the excerpt above only mentions a violent criminal offence or any offence against a relative, or any sexual offence. It's possible this could now be included...maybe?

Best to wait for others to provide their opinion!


However, if you are NOT a citizen...you will not be able to because you would now be inadmissible to Canada and could lose your own PR status.

 

[Jazzed]

Following the Bill C-46 changes, a permanent resident convicted for an impaired driving offence can lose their status and face deportation – even for a first-time DUI offence, no matter what the sentence. So the question really is what is your status in Canada?

 

[klaus2022]

Are you a Canadian citizen, or are you a PR of Canada?

If the former, you may* be ok, since the only thing I see, is this:
You may not be eligible to sponsor your spouse, partner or child if you:

you were convicted of attempting, threatening to commit or committing a violent criminal offence, any offence against a relative or any sexual offence inside or outside Canada

[source]: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/eligibility.html

*I say `may', because I believe that a DUI in Canada is considered a serious criminal offence, which may very well bar you from sponsoring someone, even though the excerpt above only mentions a violent criminal offence or any offence against a relative, or any sexual offence. It's possible this could now be included...maybe?

Best to wait for others to provide their opinion!


However, if you are NOT a citizen...you will not be able to because you would now be inadmissible to Canada and could lose your own PR status.

I’m currently a permanent resident of canada, I haven’t got the citizenship yet. In my citizenship application they found out about the charge but I’m not convicted yet. They requested my fingerprints and i submitted them and now I’m on the step on waiting for ceremony so finger crossed. I was told me that first time offence would be a summary offence not indictable offence so they may be a chance to not get deported. I called IRCC but noone can answer if I’m eligible or not.

 

[klaus2022]

Following the Bill C-46 changes, a permanent resident convicted for an impaired driving offence can lose their status and face deportation – even for a first-time DUI offence, no matter what the sentence. So the question really is what is your status in Canada?

Unfortunately I’m still a permanent residence. But I’m on a step of waiting ceremony all other thing are completed. Not sure if they will give me citizenship

 

[YVR123]

Unfortunately I’m still a permanent residence. But I’m on a step of waiting ceremony all other thing are completed. Not sure if they will give me citizenship

So you've been charged but hasn't been convicted yet?

I think your citizenship will be onhold... and same for the sponsorship. I don't know for sure.

But IMO you need a lawyer for that DUI charge.

 

[klaus2022]

So you've been charged but hasn't been convicted yet?

I think your citizenship will be onhold... and same for the sponsorship. I don't know for sure.

But IMO you need a lawyer for that DUI charge.

Yes, I’m not convicted yet. I have a lawyer, we are challenging the charge but the trial is by the end of the next year. I will wait and see but it’s too bad because IRCC can not answer any question

 

[Ponga]

I’m currently a permanent resident of canada, I haven’t got the citizenship yet. In my citizenship application they found out about the charge but I’m not convicted yet. They requested my fingerprints and i submitted them and now I’m on the step on waiting for ceremony so finger crossed. I was told me that first time offence would be a summary offence not indictable offence so they may be a chance to not get deported. I called IRCC but noone can answer if I’m eligible or not.

Don't see how a DUI would be a summary offence. I echo what @YVR123 recommends...talk with a lawyer ASAP. You might try the law firm that hosts/provides these forums. You can see their contact numbers at the upper left of the page.

 

[klaus2022]

Don't see how a DUI would be a summary offence. I echo what @YVR123 recommends...talk with a lawyer ASAP. You might try the law firm that hosts/provides these forums. You can see their contact numbers at the upper left of the page.

Don't see how a DUI would be a summary offence. I echo what @YVR123 recommends...talk with a lawyer ASAP. You might try the law firm that hosts/provides these forums. You can see their contact numbers at the upper left of the page.

Okay, thanks! I will call them and see what they suggest.