Can my husband and I move to Canada if he has aDUI as well as a domestic abuse on his record?

UPDATED: May 18, 2011

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Can my husband and I move to Canada if he has aDUI as well as a domestic abuse on his record?

My husband has a DUI from over 10 years ago and domestic charges from 5 years ago. We want to relocate to a city in Canada. What do we need to do to be allowed to leave the USA and become residents of Canada?

Asked on May 18, 2011 under Criminal Law, Alaska


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

A criminal record will negatively affect your ability to immigrate to Canada. In fact it is illegal to visit Canada if you have a criminal record unless you have acquired special permission from Citizenship and Immigration Canada (CIC). If you have a foreign record, you will need to apply for a Minister's Permit or submit an Application for Rehabilitation.

If you have a criminal record your application for Canadian citizenship can be denied, delayed or put on hold. If the individual's application is part of a "family" application, the discovery of the criminal by Immigration Canada may put everyone's application on hold, and may result in every family member who is part of that application being denied entry or being deported if they are already in the country.

A Temporary Resident Permit or TRP is a Canadian immigration Permit issued by Citizenship and Immigration Canada. It allows you to enter to Canada as a visitor, worker or student even if you are considered inadmissible to Canada due to a criminal record or certain medical conditions. In some cases, TRPs can be issued to people applying for Canadian immigration who are also inadmissible due to Criminal records or certain medical problems

If you are applying for Canadian citizenship, it is best to do so only after you have sealed or destroyed your criminal record, if that option is available to you.

At this point you should speak with an immigration attorney in Canada, or a US attorney that handles Canadian immigration matters.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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