Re: Can one come back to Canada after a deportation (has no criminal record)
needhimback said:
Hello all,
here is my story. One year ago my boyfriend who I have been with for approx. 2 and half years was ordered to leave Canada, unfortunately he did not leave. One year later he was picked up by Toronto police while riding his scoter (on oct 14, 2013), they then asked for his ID which he presented and was told their is a warrant out for his arrest by Immigration Canada. (he has no criminal record and was told this by immigration and the metro police. He was then placed in Immigration Holding Centre at Rexdale , unfortunately I was not able to come up with bond money. I then cooperated with his deportation officer and followed all procedures for his deportation (I purchased his one way ticket back to Guyana) He is now gone, he left Oct 24, 2013. My boyfriend were planning to get marry and was just awaiting his divorce papers to take affect. (which is still being process and should be cleared up by next month). After his divorce which will take approx. 2 months to become official I will be going to Guyana (I to was born there but have been Canadian Citizen for over 40 years). After our marriage which will be in April of next year 2014 I want to sponsor him to Canada. I've been educating myself with this process and understand a fair amount of information mentioned. I know he has to apply for ARC and the cost is $400.00 he did pay his own ticket so there will be no fee to pay back Canada. My question is what are my chances for his return to Canada, at that time he will be my husband I have so much proof of our relationship before and after marriage. Can he apply for the ARC before the one year ban or does he do that during the sponsorship process. Again my husband to be has no criminal record he just didn't go back when he was order too and after being detained he had no choice but to return to his homeland. Can someone help me please with some answers.
You will have a tough hill to climb through sponsorship, because your soon to be husband, has shown a continued defiance of Canadian law, first of all, by remaining illegally in the country in the first place, and then defying a deportation order. This shows that he has a strong desire to remain in Canada, even illegally. And you chose not to marry him, until after he was deported, so that could give the impression that the marriage was done primarily for immigrating to Canada, which will lead to an automatic refusal of your application for sponsorship.
It would've been a lot easier for both of you had he left the country when he was supposed to, and then you married him after that. By staying illegally, he actually made it harder for him to stay in Canada, because of what I had explained above. Not really worth the gamble is it? Besides, if he stays illegally, how is he supposed to get free health care? How can he get a driver's license? How can he get a SIN card? How can he obtain a mortgage to buy a house or a car? How can he get employment without taking low paying cash jobs? How can he file for tax refunds? How can he apply for a bank card, direct deposit for bills, etc? Has your husband even thought about any of this? Or was he so desperate to stay in Canada, that he didn't even care? You know, as an illegal immigrant, all he needs is for one police officer to pull him over for a broken taillight, speeding, etc, and they will see he not have a license, that he's illegal immigrant, and now he's getting deported. Is it really worth the risk to be an illegal? He couldn't even try to take a skilled trade in his home country for 2 years and apply as a provincial nominee? Or even easier, just marry you after he left Canada when he was supposed to?
Seriously, I hate it when people try to abuse our immigration system and don't play by the rules.