Unlicensed driving

[Tynen]

Hello, I am planning to sponsor my partner to Canada through the common-law sponsorship. However, she was given a traffic ticket in Australia for Unlicensed driving (Never held). Does this mean she is considered criminally inadmissible?

I've consulted with a Canadian lawyer and he told me it was fine as long as its not an act against the Parliament. However, my partner got a reply from a different consultation and the person said it could be a problem. I was hoping someone could shine some light on this matter because we would really like to go back to Canada together. Thanks. ;D

 

[screech339]

It wont be a problem as the offense had no federal offense equivalent. Besides, that kind of offense is at provincial jurisdiction. If she was convicted of DUI, then that is completely different as it is considered to be a federal offense.

 

[bartjones]

It depends on the reason why he was driving without a license. If he was convicted because he just plain never had a license or forgot to renew the one he held, that's a provincial matter here and he won't be inadmissible. If however, he was convicted because he was caught driving while his license was suspended for some reason, that may be an offence under the Criminal Code and could present an admissibility issue.

 

[Tynen]

Thanks for replying guys. Do you think its better to just mention the traffic in the application or not necessary?

 

[Beaverdiva]

Would it show up on a police certificate? That would be a good indicator perhaps?

 

[vehla_ji]

it wont be a problem if it just an ticket. i had 2 traffic tickets and both for speeding. they dont care as long as you dont have any charges or got arrested.

 

[screech339]

Thanks for replying guys. Do you think its better to just mention the traffic in the application or not necessary?

IMO, I don't think it is worth mentioning as it has no federal equivalent charge. Like I said, it is a provincial matter. Not Federal matter like DUI.

I would only mention it if it shows up on your official country police record. Even if it does, CIC can see that there is no equivalent federal charge.

 

[Wonderland_1010]

Hey guys

I have a friend who was in two car accident and both without a license. Would that be trouble for his PR application? He wasn't charged by the police and he had to pay fines to SGI....

Please advise

 

[profiler]

Hey guys

I have a friend who was in two car accident and both without a license. Would that be trouble for his PR application? He wasn't charged by the police and he had to pay fines to SGI....

Please advise

Only if he was criminally charged might it be an issue. But I don't believe that most traffic issues are considered (outside of Driving Under the Influence).

 

[Wonderland_1010]

Only if he was criminally charged might it be an issue. But I don't believe that most traffic issues are considered (outside of Driving Under the Influence).

Well both accidents were handled without a filing a report with the police.

 

[profiler]

Well both accidents were handled without a filing a report with the police.

There's your answer then

 

[Wonderland_1010]

Well I'm just scared that Saskatchewan Government Insurance will report him to the police because it's both times he drove without a valid license

 

[profiler]

Well I'm just scared that Saskatchewan Government Insurance will report him to the police because it's both times he drove without a valid license

Wait -- you mean your friend is the sponsor?

If your friend is the sponsor, it won't matter at all. They only look for Domestic or Sexual violence with respect to sponsor criminality.

If it's the principal applicant, then it likely won't matter. I think even if it's reported to the police and charges are laid, it won't likely matter.

 

[Wonderland_1010]

Wait -- you mean your friend is the sponsor?

If your friend is the sponsor, it won't matter at all. They only look for Domestic or Sexual violence with respect to sponsor criminality.

If it's the principal applicant, then it likely won't matter. I think even if it's reported to the police and charges are laid, it won't likely matter.

He is the principal applicant with no dependents. So it should be okay right?

 

[profiler]

He is the principal applicant with no dependents. So it should be okay right?

How long ago? My gut tells me there won't even be charges... So I highly doubt it's an issue.