+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Traffic Offence/Violation and Criminal Inadmissibility Question

wuzhi516

Newbie
Aug 24, 2015
4
1
I am a worker under CEC program. During the time im applying the PR card. I am charge with the DUI. After trial, My charge change to HAT Act for careless driving, under HAT act section 130. With this charge, CIC will reject my immigration? Does it effect my apply?
 

bartjones

Champion Member
Jan 5, 2013
1,071
62
Category........
Visa Office......
Manila
Job Offer........
Pre-Assessed..
App. Filed.......
03/08/2013
Doc's Request.
08/27/2013 and 12/20/13 and 07/24/14
AOR Received.
16/03/2013
File Transfer...
04/04/13
Med's Done....
29/01/2013 redone 13/02/14 and 25/03/14
Interview........
none
Passport Req..
N/A
VISA ISSUED...
2014/08/27
LANDED..........
09/09/2014
I'm assuming that the conviction is in some province in Canada and you're saying it was a careless driving conviction under the Highway Traffic Act of some province, and not an impaired driving conviction under the Criminal Code. If that's the case you'll be fine. Convictions under provincial statutes don't render you criminally inadmissible.
 

Ottawa-applicant

Hero Member
Apr 16, 2015
557
64
Job Offer........
Pre-Assessed..
hello there


I have applied for CEC in 2014 and I was charged with DUI and refusal in Feb 2015, I have court date in December 2015 and I'm not sure what to do? in my CEC application the criminality came fine since the incident occurred after the incident. now its about to expire and am afraid CIC ask for another one.

Would this affect my application? any suggestions or advice? also charges hasn't been approved yet since i have trails in December

thank you
 

bartjones

Champion Member
Jan 5, 2013
1,071
62
Category........
Visa Office......
Manila
Job Offer........
Pre-Assessed..
App. Filed.......
03/08/2013
Doc's Request.
08/27/2013 and 12/20/13 and 07/24/14
AOR Received.
16/03/2013
File Transfer...
04/04/13
Med's Done....
29/01/2013 redone 13/02/14 and 25/03/14
Interview........
none
Passport Req..
N/A
VISA ISSUED...
2014/08/27
LANDED..........
09/09/2014
Ottawa-applicant said:
hello there


I have applied for CEC in 2014 and I was charged with DUI and refusal in Feb 2015, I have court date in December 2015 and I'm not sure what to do? in my CEC application the criminality came fine since the incident occurred after the incident. now its about to expire and am afraid CIC ask for another one.

Would this affect my application? any suggestions or advice? also charges hasn't been approved yet since i have trails in December

thank you
If you're convicted of the impaired or refusal you'll be inadmissible to Canada for 5 years from the date of the completion of your sentence, and your application will be rejected. Sorry to be the bearer of bad news but DUI is a Criminal Code offence in Canada and renders you inadmissible for any visa except a TRP.
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
Ottawa-applicant said:
I have applied for CEC in 2014 and I was charged with DUI and refusal in Feb 2015, I have court date in December 2015 and I'm not sure what to do? in my CEC application the criminality came fine since the incident occurred after the incident. now its about to expire and am afraid CIC ask for another one.

Would this affect my application? any suggestions or advice? also charges hasn't been approved yet since i have trails in December
You are required to inform CIC that you have been charged with a crime. Your app will be put on hold pending the outcome of the trial. If you are convicted, your app will be refused.
 

Ottawa-applicant

Hero Member
Apr 16, 2015
557
64
Job Offer........
Pre-Assessed..
canuck_in_uk said:
You are required to inform CIC that you have been charged with a crime. Your app will be put on hold pending the outcome of the trial. If you are convicted, your app will be refused.
why would I have to inform cic ? i haven't been convicted yet! I have a trail coming in few months hopefully all goes well. any ideas on what to do in trails
 

Aquakitty

VIP Member
Mar 21, 2011
3,014
164
BC
Category........
FAM
Visa Office......
Ottawa
App. Filed.......
04-03-2015
AOR Received.
14-04-2015 - SA Received: 20-04-2015
Med's Done....
28-01-2015 Upfront
Interview........
Waived
Passport Req..
N/A
VISA ISSUED...
25-06-2015
LANDED..........
11-07-2015
How bout not drinking and driving in the first place? God people are stupid.
 

kangamoose

Hero Member
Jul 13, 2015
361
17
Category........
Visa Office......
Sydney
Job Offer........
Pre-Assessed..
App. Filed.......
03/08/2015
AOR Received.
02/09/2015
File Transfer...
AOR2 06/10/2015
Med's Request
Upfront
Med's Done....
11/07/2015
Passport Req..
DM 10/02/2016 Passport Copy Request 11/02/2016
LANDED..........
03/03/2016
Ottawa-applicant said:
why would I have to inform cic ? i haven't been convicted yet! I have a trail coming in few months hopefully all goes well. any ideas on what to do in trails
If they haven't already completed your criminal record check they will find out, if they did the check after you were charged they may even already know.
 

DanSlh

Champion Member
Dec 24, 2014
1,279
81
124
Brazil
Category........
Visa Office......
Sao Paulo
Job Offer........
Pre-Assessed..
App. Filed.......
09-03-2015
AOR Received.
17-04-2015
File Transfer...
07-05-2015 AOR2............: 15-05-2015
Med's Request
Upfront
Med's Done....
19-02-2015
Interview........
Waived
Passport Req..
22-06-2015
VISA ISSUED...
25-06-2015
LANDED..........
02-07-2015
Aquakitty said:
How bout not drinking and driving in the first place? God people are stupid.
+1
 

Ottawa-applicant

Hero Member
Apr 16, 2015
557
64
Job Offer........
Pre-Assessed..
Aquakitty said:
How bout not drinking and driving in the first place? God people are stupid.
lol if you didn't like what you saw yo shouldn't commented... you have no idea what are the charge nor the story behind these charges...so I suggest you to keep quit, no one ask for your negative comments.
 

Ottawa-applicant

Hero Member
Apr 16, 2015
557
64
Job Offer........
Pre-Assessed..
kangamoose said:
If they haven't already completed your criminal record check they will find out, if they did the check after you were charged they may even already know.
thanks for ur response... my notes said that I cleared criminality since they checked in 2014 October, but t he file is waiting for second review yet. so not on what to do.. either keep waiting for cic response or !!!!! ??? ??? :(
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
Ottawa-applicant said:
thanks for ur response... my notes said that I cleared criminality since they checked in 2014 October, but t he file is waiting for second review yet. so not on what to do.. either keep waiting for cic response or !!!!! ??? ??? :(
You are not going to become a PR while charged with a DUI. Even if CIC doesn't become aware of it prior to issuing your COPR, CBSA will find out when you land. They will refuse to land you and bounce your app back to CIC. Your app will be put in holding until the trial is done. If you are convicted, your COPR will be cancelled. Also, CIC may charge you with misrepresentation for not informing them about the charge and trying to land.