Refusal and Appeal
- Thread starter Dolly1982
- Start date
What did you apply?
What is your status in Canada?
Did he disclose his deportation from USA in the application?
What was the reason of refusal?
When did you get married and did you ever live together for a continuous year? When did you get PR? How long have you been living in Canada? Are you compliant with your RO? Was your spouse not included in the application? Was he non-accompanying? Was his criminal record disclosed?
Hello. I am a registered under the Indian Act. Yes, they were aware. When we appealed they request criminal records from the US
We got married in the Bahamas and lived there for 2 years before I returned to Canada. We have 3 children. I am a registered under the Indian Act. When we appealed they request criminal records from the US
Just to clarify you got PR before you got married and had not lived with your future spouse for over 1 continuous year. Are you a US citizen who has sought PR as part of one of the aboriginal communities? Does he need a visa to travel to the US? It is very unusual to be able to visit the US after you’ve been deported and have a criminal record.
i am an Indian born to Indian parents. I am a PR. Yes, he needs a Visa but he has been denied, He needs a waiver to travel to the USA. i am aware that he is unable to travel to the US as he has been convicted. However, what I want to know is, since he is unable to travel to the US will it be a problem with him being approved via the appeal to Canada? he was convicted and spent 5 years in the US before deportation for drugs and assault
Just want to clarify are you from the country India or are you a Native Indian from the Americas?
Ok just clarifying since I have encountered many that think the Indian act is for people who are from the country India. Did you get PR before you were married or lived with your husband? Have you been living with him abroad for the past 20 years? What his crime is classified as in the Canadian criminal code will be one of the issues. Did he disclose his criminal history and apply for rehabilitation?
I was living in Canada most of my life with my parents. I met my husband in 2014 and we married in 2016. so, yes, I had my PR many years before meeting my husband. as stated earlier. I was living with him for 2 years in the bahamas and we have been married for 6 years now. He is from the bahamas and was deported back to the bahamas. I dont know what his crime is classified as. He was charged with drugs and assault in the US over 20 years now. I think we did disclose his criminal history. when we applied for an appeal they requested criminal records from the US
Think many were confused because you were mentionning that he’d been deported 20 years ago and you had 4 kids. It made it seem that you had been married much longer than since 2016. Have you been living in Canada since 2016 or 2018? It will come down to what his crime is classified as in the criminal code. Otherwise he should be able to be sponsored and qualify for rehabilitation given that he has been out of jail and off probation for over 5 years. The only other requirement will be that you have to show that you can support him financially in Canada without government assistance. Why was he denied? Did your lawyer not apply for rehabilitation before sponsorship?
I have been back in Canada since 2018. We had our 3 children back to back lol. No. our lawyer did not apply for rehabilitation. Will he b e able to lice in Canada if he is approved for rehabilitation
If criminality was the reason for the denial, would the appeal division allow the appeal to be heard??? The fact that they asked for the criminal record from the US tells me that that is the reason for the denial but in the court of appeal ruling they allowed it to be heard because I have 3 young children that I need assistance with. Is that a good sign
Really depends on what the crime was but based on the information you posted he should be able to be sponsored once he had completed rehabilitation and as long as you can prove you can support yourselves financially without government support and that you can show that you continue to be in a relationship although living separately since 2018. It will take some time to get processed.