Out of status in US come to Canada?

[hsksata]

Hello,
I am wanting to sponsor my BF under the common law sponsorship. He lives in the US as an out of status (overstayed, he was on F1 visa few years back. But landed in US legally at young age).
We are wanting to do inland sponsorship due to the fact that I would have to study in the US (for some sorta of temp. Pr) to live with him for a year continuously to do an outland.. which is very costly.
We are wanting to be together and he wants to move up here in the new year when his lease is up. (He can drive to a Canadian border from where he is..idk if this helps lol)
Is there any way he can get an eTA or visitor visa to cross Canada from the US? I am worried he will be denied at the Canadian border because of his current status in the US.
Also he has one count in DUI... (am aware if he leaves the US there will be 10 year ban)

TLDR; Want to do inland sponsorship for out of status bf living in US. How can he come over to Canada with little or no chance of denial?

Please help me out! Many thanks

 

[scylla]

Hello,
I am wanting to sponsor my BF under the common law sponsorship. He lives in the US as an out of status (overstayed, he was on F1 visa few years back. But landed in US legally at young age).
We are wanting to do inland sponsorship due to the fact that I would have to study in the US (for some sorta of temp. Pr) to live with him for a year continuously to do an outland.. which is very costly.
We are wanting to be together and he wants to move up here in the new year when his lease is up. (He can drive to a Canadian border from where he is..idk if this helps lol)
Is there any way he can get an eTA or visitor visa to cross Canada from the US? I am worried he will be denied at the Canadian border because of his current status in the US.
Also he has one count in DUI... (am aware if he leaves the US there will be 10 year ban)

TLDR; Want to do inland sponsorship for out of status bf living in US. How can he come over to Canada with little or no chance of denial?

Please help me out! Many thanks

We need more information.

Where is he originally from?

How long ago was the DUI and when did he complete any fines / probation related to the DUI?

 

[hsksata]

We need more information.

Where is he originally from?

How long ago was the DUI and when did he complete any fines / probation related to the DUI?

he is from S.Korea, I think the DUI was issued 3 years ago.

 

[scylla]

he is from S.Korea, I think the DUI was issued 3 years ago.

The DUI could be a very big problem and prevent him from being able to enter Canada for several years. What was his BAC? Was it 0.08 or more?

 

[hsksata]

Im not too sure at this very moment.. I can ask him and get back to you?! We were going to do a outland sponsorship through marriage, but we want to keep our relationship status as a common law partner for now.. for him to come live with me in Canada wont cost much but for me to study in the US for a continuous year to live together for our proof cost too much for me..

 

[scylla]

Im not too sure at this very moment.. I can ask him and get back to you?! We were going to do a outland sponsorship through marriage, but we want to keep our relationship status as a common law partner for now.. for him to come live with me in Canada wont cost much but for me to study in the US for a continuous year to live together for our proof cost too much for me..

If his BAC was 0.08 or more, then he is currently inadmissible to Canada - meaning he cannot enter Canada for any reason. To be able to enter Canada, he would need to apply for rehabilitation. However he cannot apply for rehabilitation until a full five years have passed from the time he completed any probation or paid any fines related to the DUI. So if the DUI was only 3 years ago - he still has 2 years to wait before he can apply for rehabilitation.

It's very important that you find out the details of the DUI. Depending on the answer, Canada may not be an option for him for several years and you may have to both move to South Korea if you want to be together while you wait for him to become admissible to Canada.

 

[hsksata]

If his BAC was 0.08 or more, then he is currently inadmissible to Canada - meaning he cannot enter Canada for any reason. To be able to enter Canada, he would need to apply for rehabilitation. However he cannot apply for rehabilitation until a full five years have passed from the time he completed any probation or paid any fines related to the DUI. So if the DUI was only 3 years ago - he still has 2 years to wait before he can apply for rehabilitation.

It's very important that you find out the details of the DUI. Depending on the answer, Canada may not be an option for him for several years and you may have to both move to South Korea if you want to be together while you wait for him to become admissible to Canada.

does this go for outland sponsorship as well? If we applied as outland sponsorship say next year, and be honest about everything in the application including his DUI, would he still be able to get PR in Canada?

 

[scylla]

does this go for outland sponsorship as well? If we applied as outland sponsorship say next year, and be honest about everything in the application including his DUI, would he still be able to get PR in Canada?

It applies to everything, including outland sponsorship. If he's inadmissible he cannot be sponsor for PR and cannot apply for PR. He also cannot enter as a tourist, or student or on a work permit.

 

[zardoz]

does this go for outland sponsorship as well? If we applied as outland sponsorship say next year, and be honest about everything in the application including his DUI, would he still be able to get PR in Canada?

No, not if the DUI makes him inadmissible. It's basically "Game Over" until he becomes admissible again.

 

[scylla]

Again, most important thing is to find out the details of the DUI. When was it exactly. What was his BAC. What was the conviction (was it for a DUI or did he manage to reduce the charge to a non-DUI). What was the penalty given and when did he complete that penalty (probation, fine, license suspension, etc.).

 

[Buletruck]

I’m a little confused. Have you actually lived together for 12 months already?

 

[hsksata]

I’m a little confused. Have you actually lived together for 12 months already?

No we have not yet lived together for 12 months

 

[hsksata]

Again, most important thing is to find out the details of the DUI. When was it exactly. What was his BAC. What was the conviction (was it for a DUI or did he manage to reduce the charge to a non-DUI). What was the penalty given and when did he complete that penalty (probation, fine, license suspension, etc.).

If I found our all the details to his DUI, worse case could he request special permission to enter Canada and then apply for TRP if they allow him?

"
Coming to or remaining in Canada without approval of rehabilitation
If you need to come to Canada but cannot apply for rehabilitation because five (5) years have not passed since the end of the sentence imposed or you are not eligible to apply for a record suspension (formerly a pardon) for convictions in Canada, you may request special permission to enter or remain in Canada. To do this, complete the Application for Criminal Rehabilitation (IMM 1444) (PDF, 1.18MB) and make sure you check the box that states “For Information Only”. Attach the documents outlined in the Document Checklist."

^ just found this info off of canada.ca

 

[scylla]

If I found our all the details to his DUI, worse case could he request special permission to enter Canada and then apply for TRP if they allow him?

"
Coming to or remaining in Canada without approval of rehabilitation
If you need to come to Canada but cannot apply for rehabilitation because five (5) years have not passed since the end of the sentence imposed or you are not eligible to apply for a record suspension (formerly a pardon) for convictions in Canada, you may request special permission to enter or remain in Canada. To do this, complete the Application for Criminal Rehabilitation (IMM 1444) (PDF, 1.18MB) and make sure you check the box that states “For Information Only”. Attach the documents outlined in the Document Checklist."

^ just found this info off of canada.ca

Yes - he could. However TRP approval is never guaranteed - and I would say that his chances of approval would be close to nil given he is out of status in the US.

 

[scylla]

If I found our all the details to his DUI, worse case could he request special permission to enter Canada and then apply for TRP if they allow him?

"
Coming to or remaining in Canada without approval of rehabilitation
If you need to come to Canada but cannot apply for rehabilitation because five (5) years have not passed since the end of the sentence imposed or you are not eligible to apply for a record suspension (formerly a pardon) for convictions in Canada, you may request special permission to enter or remain in Canada. To do this, complete the Application for Criminal Rehabilitation (IMM 1444) (PDF, 1.18MB) and make sure you check the box that states “For Information Only”. Attach the documents outlined in the Document Checklist."

^ just found this info off of canada.ca

Just to clarify... He would have to apply for the TRP FIRST - before he comes to Canada. He cannot enter Canada without an approved TRP.

The approved TRP is the special permission to enter Canada.