+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Am i inadmissible?

IndianaBanks

Member
Jan 11, 2017
14
0
Back in the year 2000, my father was issued a 6-months temporary resident visa to Canada but grossly overstayed till 2007 when he was forcefully removed. I just got ITA in the last draw and getting things ready to apply when my brother called my attention to the fact that our dad overstaying
could make us(his children) inadmissible to Canada. I also read from CIC website that having a relative who is inadmissible makes you so too. I have been having sleepless nights because of this and i would like to know if this is indeed the case. And if it is, is there any hope of a recourse?

Your inputs would be deeply appreciated. Thanks
 

mgnlky

Champion Member
Jan 22, 2016
1,558
277
Vancouver
Category........
FSW
Visa Office......
Ottawa
NOC Code......
1122
Pre-Assessed..
Yes
App. Filed.......
22-12-2016
AOR Received.
22-12-2016
Med's Done....
04-11-2016
Passport Req..
22-3-2017
LANDED..........
04-09-2017
To be safe I would suggest contacting an immigration attorney for advice. Most of them will have an initial discussion for free.
 

IndianaBanks

Member
Jan 11, 2017
14
0
mgnlky said:
To be safe I would suggest contacting an immigration attorney for advice. Most of them will have an initial discussion for free.
Thanks a lot for that piece of advice. I'll however be glad to hear what members have to say about that first, especially those who've ever been in a situation like that
 

ashu1710

Hero Member
Nov 7, 2016
806
131
35
Vancouver, BC
Visa Office......
Ottawa
NOC Code......
2174
Job Offer........
Yes
App. Filed.......
21-12-2016
IndianaBanks said:
Back in the year 2000, my father was issued a 6-months temporary resident visa to Canada but grossly overstayed till 2007 when he was forcefully removed. I just got ITA in the last draw and getting things ready to apply when my brother called my attention to the fact that our dad overstaying
could make us(his children) inadmissible to Canada. I also read from CIC website that having a relative who is inadmissible makes you so too. I have been having sleepless nights because of this and i would like to know if this is indeed the case. And if it is, is there any hope of a recourse?

Your inputs would be deeply appreciated. Thanks
My understanding of inadmissibility, limited though it may be, is that you only become inadmissible of one of your dependent relatives are inadmissible. This means you, your spouse and your kids all need to be admissible. I don't think it applies to parents.
 

IndianaBanks

Member
Jan 11, 2017
14
0
ashu1710 said:
My understanding of inadmissibility, limited though it may be, is that you only become inadmissible of one of your dependent relatives are inadmissible. This means you, your spouse and your kids all need to be admissible. I don't think it applies to parents.
Thanks for your input..... anybody else with a different view?
 

newbutterfly

Star Member
May 31, 2016
155
35
Inland
Category........
Job Offer........
Pre-Assessed..
You cannot be inadmissble because of your father. That will even be illegal coz its like arresting a father for the crime of his son because his son went into hiding.

In this case, I think dependants means your spoue or children who will be accompanying you to Canada. If your spouse is found inadmissible, you all will be found inadmissible.
 

xpressentry

VIP Member
Nov 27, 2016
3,106
187
London
Category........
NOC Code......
0631
Job Offer........
Pre-Assessed..
App. Filed.......
29-03-2017
Doc's Request.
Schedule A - upfront
AOR Received.
29-03-2017
IELTS Request
Upfront
File Transfer...
Waiting
Med's Request
Upfront
Med's Done....
28-03-2017
Passport Req..
Waiting
VISA ISSUED...
Waiting
LANDED..........
Waiting
I dont think there is a problem for you. There might be a problem if you want to sponsor your father in future. Your father is inadmissible, not you.
 

canuck_in_uk

VIP Member
May 4, 2012
31,548
7,210
Visa Office......
London
App. Filed.......
06/12
IndianaBanks said:
Thanks for your input..... anybody else with a different view?
There is no different view. Your father's inadmissibility in no way makes you inadmissible and has no effect on your application.
 

IndianaBanks

Member
Jan 11, 2017
14
0
canuck_in_uk said:
There is no different view. Your father's inadmissibility in no way makes you inadmissible and has no effect on your application.
Thank you all very much for your responses. At least, they allayed my anxieties, till I talk to the immigration lawyer
 

Amaljohan

Star Member
Jun 6, 2015
161
3
IndianaBanks said:
Back in the year 2000, my father was issued a 6-months temporary resident visa to Canada but grossly overstayed till 2007 when he was forcefully removed. I just got ITA in the last draw and getting things ready to apply when my brother called my attention to the fact that our dad overstaying
could make us(his children) inadmissible to Canada. I also read from CIC website that having a relative who is inadmissible makes you so too. I have been having sleepless nights because of this and i would like to know if this is indeed the case. And if it is, is there any hope of a recourse?

Your inputs would be deeply appreciated. Thanks

First of all in your EE CIC is not asking your parents overseas records or their Passport numbers. Without their passport numbers theres no way of tracking down anyone's travel record. So wont be an issue and you're good to go.
Secondly, Inadmissible in most of the cases are limited to 5 years if its not a terrorism or criminal...etc. If your father appeals again he wont found inadmissible.
Finally, i suggest you to calm down and focus on your PR and there's nothing to worry about your Dad's case. But if you decide to sponsor your parents after you becoming a Citizen you might have to hire a migration lawyer to make it quick. According to my knowledge you dad suppose to get the clearance after 5 of ban. Nothing to worry as i said focus on your PR first then your done. Dont worry and sleep tight ;-)
 

canuck_in_uk

VIP Member
May 4, 2012
31,548
7,210
Visa Office......
London
App. Filed.......
06/12
Amaljohan said:
Secondly, Inadmissible in most of the cases are limited to 5 years if its not a terrorism or criminal...etc. If your father appeals again he wont found inadmissible.

But if you decide to sponsor your parents after you becoming a Citizen you might have to hire a migration lawyer to make it quick. According to my knowledge you dad suppose to get the clearance after 5 of ban.
As the father was deported, his ban is permanent. The only way he could return to Canada is by getting an ARC, Authorization to Return to Canada.
 

IndianaBanks

Member
Jan 11, 2017
14
0
canuck_in_uk said:
As the father was deported, his ban is permanent. The only way he could return to Canada is by getting an ARC, Authorization to Return to Canada.
I have no intention of sponsoring my father in the future as he is very fine where he is now so whether his ban or permanent or not is the least of my concerns. What interests me is it's possible impact on my application. Thanks for all your help
 

Amaljohan

Star Member
Jun 6, 2015
161
3
IndianaBanks said:
I have no intention of sponsoring my father in the future as he is very fine where he is now so whether his ban or permanent or not is the least of my concerns. What interests me is it's possible impact on my application. Thanks for all your help
You're good to go and it won't affect to your application.
 

Amaljohan

Star Member
Jun 6, 2015
161
3
canuck_in_uk said:
As the father was deported, his ban is permanent. The only way he could return to Canada is by getting an ARC, Authorization to Return to Canada.
Thanks for pointing out man. I taught you're good to go after 5 years of deporting. 1+
 

TanakaM

VIP Member
Dec 29, 2016
3,504
3,026
Category........
Job Offer........
Pre-Assessed..
AOR Received.
14-04-17
Hi,

I agree that you should not be affected by your father's immigration record, particularly a record from 10 years ago. However, one thing you must consider is whether or not you need to mention it in your application. In my opinion, the fact that they ask for family details means they will run them in some sort of background check and will know about this. Therefore, I would clearly document this in my Letter of Explanation as not doing so may be seen as withholding information. The fact that you will have been upfront and truthful may work in your favour, should it be an issue.

All the best