This is a multi-part message in MIME format. ---------------------- multipart/alternative attachment I am going to use this as the definitive answer for the lady who asked about bringing in a husband with a DUI charge in Texas. Read on and Thanks Donald Cameron For those who do not know, Donald was the former Canadian Consul in Seattle and opened Canadian Immigration offices in several other cities. His name and contact numbers are at the bottom David, Because the American husband has been convicted of an offence in the U.S. which, in Canada, is an indictable offence punishable by up to 5 years imprisonment he is prohibited from entering Canada for any purpose - temporary or permanent - until 10 years have elapsed since the completion of the sentence imposed provided, of course, that he has no other convictions in the meantime. However, after 5 years have elapsed since the completion of the sentence imposed for the offence, the American husband may apply to satisfy the Minister of Citizenship & Immigration that he (the husband - not the Minister) has been rehabilitated. If the Minister is satisfied, the American husband is no longer prohibited from entering Canada. Prior to being deemed to have been rehabilitated by the passage of 10 years or by a decision of the Minister after 5 years, the only way the American husband can enter Canada (even as a tourist) is with a Temporary Resident Permit. These Permits are issued to persons who are prohibited from entering Canada if there are compelling reasons for doing so without risking harm to Canadians. As one who had the authority to issue Temporary Resident Permits when I was the Canadian Consul in Seattle I found it very difficult to decide between the humanitarian requirement to reunite a Canadian with her American spouse and the requirement to protect Canadians from a foreign national who had been proven to have driven while drunk. More often than not I refused to issue a Temporary Resident Permit in these circumstances. An application from the American husband for permanent residence in Canada under the sponsorship of the Canadian wife must be refused - because the American husband is not yet eligible to apply to satisfy the Minister that the husband has been rehabilitated - because 5 years have not yet elapsed after the completion of his sentence for drunk driving. Let me repeat - the Immigration Officer has no choice but to refuse the application for permanent residence of the foreign spouse of a Canadian when the foreign spouse has been convicted outside of Canada of what, in Canada, would be an indictable offence. To sum up, the ONLY option available in this case for the American husband to enter Canada is for him to apply for a Temporary Resident Permit. This application can be made at the Canadian Consulates in Los Angeles and Seattle. I would add that should he enter Canada without telling the Canadian Customs officer who examines him at the Port of Entry that he has been convicted of DUI one year ago he does not help his future application for permanent residence. Refusing to admit to convictions can be taken by an Immigration Officer as evidence that the applicant has not been rehabilitated. Regards, Don Donald Cameron 708 North Tower, Oakridge Centre 650 West 41st Avenue Vancouver, BC Canada V5Z 2M9 Telephone: (604) 303-9992 FAX: (604) 303-5844 E-mail: [email protected] ---------------------- multipart/alternative attachment An HTML attachment was scrubbed... URL: http://www.centa.com/CEN-TAPEDE/centapede/attachments/7c08746e/attachment.htm ---------------------- multipart/alternative attachment--
