I have 2 Dui's in the past 2 yrs. I am going to be finished with my probation in may with no violations. I want to apply for a Temp Resident Permit. I am marrying my Fiance tomorrow! Can anyone give me info on how this might go? Hopefully positive. I havn't heard too much positive on this subject.
Thanks Eric
It depends on how the charge translates here. However that being said..... you would likely have to fill out a rehabilitation form..... and even that wouldn't be accepted until 5 years after.....
Read this, hopefully it will help and I'll continue to search for you:
http://www.cic.gc.ca/english/information...ehabil.asp
Page 4 of the guide for the rehabilitation form states:
CIC's Guide Wrote:Are you inadmissible because of past criminal activity?
In general, temporary residents and applicants applying for permanent residence are considered to be criminally inadmissible if the person:
- was convicted of an offence in Canada;
- was convicted of an offence outside of Canada that is considered a crime in Canada; and/or
- committed an act outside of Canada that is considered a crime under the laws of the country where it occurred and would be punishable under Canadian law.
Note: In order to determine inadmissibility, foreign convictions and laws are equated to Canadian law as if they had occurred in Canada.
I certainly hope you aren't looking for a TRP to get into Canada
tomorrow.
Here's a starting point for a
TRP
Note this from the site:
Visiting Canada: Overcoming criminal inadmissibilityâ Frequently asked questions
Quote:
What can I do if I must come to Canada but I do not qualify for rehabilitation?
If less than five years have elapsed or if justified by extremely compelling circumstances, people who are inadmissible to Canada may be issued a temporary resident permit allowing them to enter or remain in Canada.
Note: Temporary resident permits are only issued in exceptional circumstances, for reasons of national interest or on strong humanitarian or compassionate grounds. A temporary resident permit may be cancelled at any time.
To be honest, I wouldn't get my hopes up too much after 2 DUIs so close together & so recently.
Links and advice above spot on.
Unless you are a world class athlete, a renowned literary figure, a highly esteemed artist, or own large companies with operations in Canada employing a lot of Canadians, need to donate a kidney to a dying nephew in Canada, or something on that scale, it is going to be a few years before you can legally get into Canada. Even then it will take some paperwork.
Behavior carries consequences. And more so for the record than ever.
Right, not much positive. Although my wife, who tends to be tough on crime, would consider this quite positive. A few years ago the prospects of casually crossing the border in your circumstances, with no hint of disability to do so, were very high. Technology and American pressure on Canada to "tighten" the border are the major factors in the trend. Not likely to be getting any easier going forward.
Seriously, you don't want the headache - you'll be fighting an uphill battle. Unfortunately, you didn't give yourself much time or opportunity to flesh this out before you're getting married. Wish you had - because I think it's easier to get a fiance visa for your bride-to-be to enter the States. Once you're married, it seems it's harder to sponsor a spouse to the States.
Either way, if you want to build a life together, don't have any illusions about doing it in Canada for quite awhile. It's going to have to be in the States - so I'll recommend
this immigration forum where you can get answers about bringing your new bride home with you.
nah, process to sponsor a fiancee or a spouse to the US is about the same, but spousal sponsorship takes a couple months longer (which no one with a brain can figure out why, but its a government process, so we quit trying ;) ) The affidavit of support requirements are exactly the same for both.
There's more detailed info regarding rehabilitation process on the
Consulate General - Buffalo website.
But you're not even eligible to apply yet, so your best bet is to sponsor your fiancee/spouse to go the US and wait out the 5 years til you can apply for rehab.
For info on immigrating to the US via fiancee or marriage based visa, check out
http://www.visajourney.com
I've done the K3 to green card route to the US myself, and we've also tried to navigate the CIC rehab process before that. We're trying again now because its so much easier to do together rather than living in separate countries!
Thank you all for the info! Does anyone know how to get a sample of a Character reference for the Temporary residence or the permanent residence? Just wanting to get our ducks in a row and try and get all the documents right!
Thank you
Eric and Dawn
Sounds compelling to me - but you never know. It's good that you have an attorney and that you've followed his/her advice. We'll keep you in our thoughts - please let us know how it goes. I find it discouraging that someone can get off track, make a big mistake, and the "system" can be so unforgiving. I'm a PR applicant who's never broken the law in my life - but my young son (who is with his father in the States) has a substance abuse problem and got arrested. Because of that, my daughter and I were refused PR and my "new" family has been through a year of waiting on an appeal hearing, even though our application was unjustly refused. In the meantime I find myself feeling really resentful when I listen to the news and see this person arrested for a drive-by shooting, and that person who's killed his estranged wife. My son's "crimes" are so insignficant and he's not even trying to come to Canada - yet I'm being held accountable for them. So I feel for you, and hope things work out.