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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]
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