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Inadmissible To Canada

Talk about immigration laws here

Inadmissible To Canada

Postby Eagon » Wed Nov 30, 2016 7:34 am

In 1998 I got a DUII(which was reduced to Diversion) and DWS(driving while suspended) because of the DUII.  In 2001, I got another DUII.  I completed my sentence for the second DUII the following year, but I didn't reinstate my license until 2004.  

I travel to Canada to visit my girlfriend, and on the last trip customs stopped me and gave me a temporary permit to enter Canada, but said I could not enter until I completed the application for rehabilitation.  

I read the statutes 36A and 36B and it looks like there is no chance of being "deemed rehabilitated".  

I have already filled out the application for rehabilitation and gathered all of the required documentation.  

My questions for the experts:

How can I legally gain entry into Canada under my circumstances?

If I turn in the application and get denied, will there be any adverse effects in future VISA related applications?

ANSWER: Dear Dot,

A person with a DWI conviction will be deemed rehabilitated for Canadian immigration purposes ten years from the date of completion of the sentence for the DWI. In your case, the ten years would appear to be around 2012.

An application for rehabilitation can be made five years after the completion of the sentence. If once you have filed this application you obtain a positive answer, then you need only present yourself at the Canadian border in order to obtain entry(assuming you are a US citizen). Entry is based on many factors, however, not just criminal considerations. You need to show that the purpose of your visit is legitimate and of a temporary duration.

You can apply for admission to Canada before obtaining a rehabilitation decision provided you have all the documents related to your inadmissibility and provided you can show that there is a compelling reason related to Canada's national interests to admit you on a temporary resident permit. Getting such a permit is not easy, but then nothing ventured nothing gained.

A refusal of admission to Canada does not affect future applications for admission.

If this response has been helpful, please let others know by completing the AllExperts.com rating form.

Best wishes,

Tim Morson, CCIC*

-----------------------------------

MORSON & ASSOCIATES

353 Saint-Nicolas

Suite 307

Montreal, Quebec

H2Y 2P1 CANADA

T: 514-845-5454

F: 514-845-8174

[email protected]

www.morson.ca

-----------------------------------

*Certified Canadian Immigration Consultant(CCIC)

Canadian Society of Immigration Consultants(CSIC)

CSIC Member No M041310

---------- FOLLOW-UP ----------

Could you please be more specific on what I need to provide in the Individual Application for Rehabilitation? For example, I found on other informational web sites information as such:

To qualify for Individual Rehabilitation, the person must:

Wait five years after the completion of their sentence before applying; and

Demonstrate that they have been rehabilitated and are no longer a risk for criminal activity. This may require demonstrating: - A stable lifestyle - Community ties - Social and vocational skills - That the criminal offence was an isolated event

Do I need to explain this in supplementals or how would you suggest?

I also found under the relevant statutes that multiple arrests will result in denial.  Have you seen multiple arrests within 20 resulting in denial?  I have DUI(diversion) in 1998, DWS in 1998, and DUI in 2001.  Is there a chance I can be admitted.

ANSWER: Persons with multiple convictions must apply for rehabilitation after five years have elapsed since the completion of the sentence, provided there have been no other offences. There is no 'deemed rehabilitation' clause for persons in this category.

To make an application for rehabilitation, complete the form and provide any documents you consider material to the application to show that you are rehabilitated, including personal testimonials from family, friends, employers(if they know about the conviction they can make an allusion to it, or they can simply speak to your excellent work ethic, stable contribution to the company), church groups or community groups, etc.

Your application will be denied if the immigration officer is not 'satisfied' you are rehabilitated. This is a subjective assessment, but the more documents you have showing your rehabilition the better.

Tim Morson

---------- FOLLOW-UP ----------

Tim,

Could you provide a sample cover letter sent to the Canadian Immigration for an Application for Rehabilitation?  Or could you provide the details that need to be on this letter?

Thanks, Dot
Eagon
 
Posts: 46
Joined: Wed Jan 29, 2014 10:36 am

Inadmissible To Canada

Postby Mikael » Thu Dec 01, 2016 11:39 am

Dot,

Unfortunately, I don't have a sample cover letter for these types of cases. Rehabilitation cases are often distinct one from the other. And the same will apply to the documents.

You may wish to consider hiring a experienced immigration professional to assist you if you want to minimize the risks of making mistakes.

Tim Morson
Mikael
 
Posts: 41
Joined: Wed Mar 05, 2014 6:30 pm

Inadmissible To Canada

Postby Llwybyr » Wed Dec 07, 2016 3:13 pm

In 1998 I got a DUII(which was reduced to Diversion) and DWS(driving while suspended) because of the DUII.  In 2001, I got another DUII.  I completed my sentence for the second DUII the following year, but I didn't reinstate my license until 2004.  

I travel to Canada to visit my girlfriend, and on the last trip customs stopped me and gave me a temporary permit to enter Canada, but said I could not enter until I completed the application for rehabilitation.  

I read the statutes 36A and 36B and it looks like there is no chance of being "deemed rehabilitated".  

I have already filled out the application for rehabilitation and gathered all of the required documentation.  

My questions for the experts:

How can I legally gain entry into Canada under my circumstances?

If I turn in the application and get denied, will there be any adverse effects in future VISA related applications?

ANSWER: Dear Dot,

A person with a DWI conviction will be deemed rehabilitated for Canadian immigration purposes ten years from the date of completion of the sentence for the DWI. In your case, the ten years would appear to be around 2012.

An application for rehabilitation can be made five years after the completion of the sentence. If once you have filed this application you obtain a positive answer, then you need only present yourself at the Canadian border in order to obtain entry(assuming you are a US citizen). Entry is based on many factors, however, not just criminal considerations. You need to show that the purpose of your visit is legitimate and of a temporary duration.

You can apply for admission to Canada before obtaining a rehabilitation decision provided you have all the documents related to your inadmissibility and provided you can show that there is a compelling reason related to Canada's national interests to admit you on a temporary resident permit. Getting such a permit is not easy, but then nothing ventured nothing gained.

A refusal of admission to Canada does not affect future applications for admission.

If this response has been helpful, please let others know by completing the AllExperts.com rating form.

Best wishes,

Tim Morson, CCIC*

-----------------------------------

MORSON & ASSOCIATES

353 Saint-Nicolas

Suite 307

Montreal, Quebec

H2Y 2P1 CANADA

T: 514-845-5454

F: 514-845-8174

[email protected]

www.morson.ca

-----------------------------------

*Certified Canadian Immigration Consultant(CCIC)

Canadian Society of Immigration Consultants(CSIC)

CSIC Member No M041310

---------- FOLLOW-UP ----------

Could you please be more specific on what I need to provide in the Individual Application for Rehabilitation? For example, I found on other informational web sites information as such:

To qualify for Individual Rehabilitation, the person must:

Wait five years after the completion of their sentence before applying; and

Demonstrate that they have been rehabilitated and are no longer a risk for criminal activity. This may require demonstrating: - A stable lifestyle - Community ties - Social and vocational skills - That the criminal offence was an isolated event

Do I need to explain this in supplementals or how would you suggest?

I also found under the relevant statutes that multiple arrests will result in denial.  Have you seen multiple arrests within 20 resulting in denial?  I have DUI(diversion) in 1998, DWS in 1998, and DUI in 2001.  Is there a chance I can be admitted.

ANSWER: Persons with multiple convictions must apply for rehabilitation after five years have elapsed since the completion of the sentence, provided there have been no other offences. There is no 'deemed rehabilitation' clause for persons in this category.

To make an application for rehabilitation, complete the form and provide any documents you consider material to the application to show that you are rehabilitated, including personal testimonials from family, friends, employers(if they know about the conviction they can make an allusion to it, or they can simply speak to your excellent work ethic, stable contribution to the company), church groups or community groups, etc.

Your application will be denied if the immigration officer is not 'satisfied' you are rehabilitated. This is a subjective assessment, but the more documents you have showing your rehabilition the better.

Tim Morson

---------- FOLLOW-UP ----------

Tim,

Could you provide a sample cover letter sent to the Canadian Immigration for an Application for Rehabilitation?  Or could you provide the details that need to be on this letter?

Thanks, Dot
Llwybyr
 
Posts: 38
Joined: Mon Mar 10, 2014 12:38 am


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