Work permit convicted with DUI
- Thread starter Rejay
- Start date
Another fine example of cause and consequence. If you drink and drive, you're a bloody fool. No sympathy
None of us here can answer that question for you. It's entirely your choice. It depends on which lawyer you feel more comfortable working with. You want to make sure you are working with a lawyer who has experience with criminal inadmissibility since this is the issue you are facing now.
Recieved one more PFL stating to ignore previous PFL (which said I may be inadmissible) and now the new PFL says I’m punishable by 10years of jail time.
Totally confused now. I didn’t get any sentence as it was just a fine from court and license suspension.Am totally unsure of my situation now.
Totally confused now. I didn’t get any sentence as it was just a fine from court and license suspension.Am totally unsure of my situation now.
Post the full new PFL you received. The 10 years is about the maximum possible sentence, not what you received. The max sentence is what ends up being relevant when it comes to admissibility, etc. Regardless, you need a lawyer.
After careful and thorough consideration of all aspects of your application and the supporting information provided, it appears that you may not meet the requirements for a permanent resident visa because you are a person described in paragraph 36(1)(a) of the Immigration and Refugee Protection Act. You would therefore be criminally inadmissible to Canada. Please disregard the previous Procedural Fairness letter dated 2023/09/08.
Paragraph 36(1)(a) of the Act renders inadmissible a foreign national on grounds of serious criminality for having been convicted in Canada of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least ten years, or of an offence for which a term of imprisonment of more than six months has been imposed.
The court documents recently submitted show that you have been convicted in Canada on 2023/07/14 of an offence under article 320.14(1)(B) of the Criminal Code of Canada, namely Impaired Operation - Over 80, which is punishable by a maximum term of imprisonment of 10 years.
Subsection 11(1) of the Act states that the visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act. It appears that you may be inadmissible for the reasons set out above.
Before I make a final decision, you may submit additional information relating to this issue. You have 14 days from this letter date to provide any additional information
Paragraph 36(1)(a) of the Act renders inadmissible a foreign national on grounds of serious criminality for having been convicted in Canada of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least ten years, or of an offence for which a term of imprisonment of more than six months has been imposed.
The court documents recently submitted show that you have been convicted in Canada on 2023/07/14 of an offence under article 320.14(1)(B) of the Criminal Code of Canada, namely Impaired Operation - Over 80, which is punishable by a maximum term of imprisonment of 10 years.
Subsection 11(1) of the Act states that the visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act. It appears that you may be inadmissible for the reasons set out above.
Before I make a final decision, you may submit additional information relating to this issue. You have 14 days from this letter date to provide any additional information
You are inadmissable because you pled guilty to a DUI charge. The 10 years is the maximum sentence a person can receive, which you did not. As mentioned you need a lawyer but most likely too late because you cannot overturn your guilty plea. You should have worked out a plea deal before being found guilty.
It's essentially all in the letter. You are inadmissible to Canada due to the DUI. Your PR application is going to be refused. You can then expect to be ordered to leave Canada due to the inadmissibility. Again, you need a very good lawyer if you want to try to argue this or respond. Alternatively you can just leave Canada.
As foodie69 said, actions have consequences. You plead guilty, you were guilty. I'm glad your lawyer "misguided" you. Always someone else at fault, eh? Never you.
Leave Canada and be thankful you didn't receive a custodial sentence.
Leave Canada and be thankful you didn't receive a custodial sentence.
You plead guilty (i.e. admitted that you comitted a crime) . You are inadmissible to Canada.
There is no confusion. You will not get PR (if you are applying for it) and once you run out of your current status, you are/will be out of state and should go home.