Inadmissible or not?

[GEoffJoff]

Hello, I was wondering if someone was able to help me, kindly.

I have a son who lives in Texas at a residence I own, as I am American. I am currently in Canada with my partner about to start up a spouse application. I would like to see if I could get a couple things answered. 1) My son who is 25 years old was convicted of a violent act when he was 13 years old (Long drawn out complicated case). I will not go into details of it, but as a youth, he had to serve time at a juvenile prison for 12 months and was then deemed rehabilitated once he completed that and some other community things. Would this make him inadmissible to Canada, even though he was a youth, or since he was tried as a youth, he would be admissible?

And 2) Since he is now 25 years old and depends on me financially, as I wire him funds, and has been diagnosed by a medical doctor with bipolar disorder, could he qualify as any type of dependent on my application? I hired a care aid to check in on him weekly at home.

Thanks so much for any answers I do receive!

 

[NancyBD]

I cannot really answer the first question. To answer the second one -

Definition of a dependent child as of October 24, 2017

Children qualify as dependants if they meet both of these requirements:

• they’re under 22 years old, and
• they don’t have a spouse or common-law partner.

Children 22 years old or older (also known as an overage dependent children) qualify as dependants if they meet both of these requirements:

• they have depended on their parents for financial support since before the age of 22, and
• they are unable to financially support themselves because of a mental or physical condition.

For more visit here.

 

[Rob_TO]

Hello, I was wondering if someone was able to help me, kindly.

I have a son who lives in Texas at a residence I own, as I am American. I am currently in Canada with my partner about to start up a spouse application. I would like to see if I could get a couple things answered. 1) My son who is 25 years old was convicted of a violent act when he was 13 years old (Long drawn out complicated case). I will not go into details of it, but as a youth, he had to serve time at a juvenile prison for 12 months and was then deemed rehabilitated once he completed that and some other community things. Would this make him inadmissible to Canada, even though he was a youth, or since he was tried as a youth, he would be admissible?

And 2) Since he is now 25 years old and depends on me financially, as I wire him funds, and has been diagnosed by a medical doctor with bipolar disorder, could he qualify as any type of dependent on my application? I hired a care aid to check in on him weekly at home.

Thanks so much for any answers I do receive!

No he can not be a dependent on your app, since I assume he works and lives on his own. You occasionally giving him money for support or having someone check on him once in a while, does not make him a dependent. You could do the same while in Canada.

To be a dependent he would need to live with you due to being incapable to hold a job or function on his own.

 

[GEoffJoff]

No he can not be a dependent on your app, since I assume he works and lives on his own. You occasionally giving him money for support or having someone check on him once in a while, does not make him a dependent. You could do the same while in Canada.

To be a dependent he would need to live with you due to being incapable to hold a job or function on his own.

Even if he cannot hold down a job? He has not been able to work for many years. He lives off the money I wire him and a social worker checks in on him twice a week. He also sees a Psychologist once a week. Still not a dependent?

Also, would he be inadmissible because of his conviction as a juvenile?

 

[Rob_TO]

Even if he cannot hold down a job? He has not been able to work for many years. He lives off the money I wire him and a social worker checks in on him twice a week. He also sees a Psychologist once a week. Still not a dependent?

Also, would he be inadmissible because of his conviction as a juvenile?

If he doesn't need to live with you due to his condition, he will probably not be considered as a dependent and can't be included in your own PR app. However you can always try and see what the visa officer says, worst case they simply tell you he doesn't qualify as a dependent.

For the conviction, it was around 10 years ago since he finished the sentence so he may be deemed rehabilitated to Canada by now. Or he may need to apply for rehabilitation. This really depends on the specific of the conviction, and how it translates to Canadian law.
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5312-rehabilitation-persons-inadmissible-canada-past-criminal-activity.html

 

[GEoffJoff]

If he doesn't need to live with you due to his condition, he will probably not be considered as a dependent and can't be included in your own PR app. However you can always try and see what the visa officer says, worst case they simply tell you he doesn't qualify as a dependent.

For the conviction, it was around 10 years ago since he finished the sentence so he may be deemed rehabilitated to Canada by now. Or he may need to apply for rehabilitation. This really depends on the specific of the conviction, and how it translates to Canadian law.
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5312-rehabilitation-persons-inadmissible-canada-past-criminal-activity.html

Ok, thank you. I thought since he was a youth and convicted as a juvenile he would follow under the youth act and be admissible to Canada without having to apply for rehabilitation since he was told he was rehabilitated once he finished his sentence in juvenile detention.

 

[Rob_TO]

Ok, thank you. I thought since he was a youth and convicted as a juvenile he would follow under the youth act and be admissible to Canada without having to apply for rehabilitation since he was told he was rehabilitated once he finished his sentence in juvenile detention.

Actually you may be correct on this part, I don't think rehabilitation is needed. Even if he is not allwoed to be included as a dependent, this would be important even if he just attempted to visit Canada.

From the link I posted:


Were you convicted as a juvenile?
In Canada, a young offender is someone who is 12 years of age or older but less than 18 years of age.

You are not inadmissible if you:

• were treated as a young offender in a country which has special provisions for young offenders, or