Bringing Mexican fiance to Canada

[kmarr90]

HI there i am new to the site and i just need advice as to what steps i should take next.
My fiance was living in canada in 2011-2012.His family and himself were denied to stay in canada so instead of having the government pay for their tickets they took the voluntary leave, so that one day they might be granted entrance into the country again. However, my fiance was givin a DUI back in September 2011, pleaded guilty and paid his fee. Now Ocotber 11th was the day they left (on voluntary leave), however i came with him and we had our son here in mexico. My son is good to go to Canada, as he has his citizenship certificate and we are in the process of getting his passport. However, What can we do so that my fiance can come back with my son and myself? What are the next possible steps? I do not want to go back to Canada without my future husband. This has been a battle for me personally, and i refuse to be defeated and breaking up my family over some papers. So if someone knows what is the next step please share with me the information. i would GREATLY apprecite your advice! <3 thank you!

 

[screech339]

HI there i am new to the site and i just need advice as to what steps i should take next.
My fiance was living in canada in 2011-2012.His family and himself were denied to stay in canada so instead of having the government pay for their tickets they took the voluntary leave, so that one day they might be granted entrance into the country again. However, my fiance was givin a DUI back in September 2011, pleaded guilty and paid his fee. Now Ocotber 11th was the day they left (on voluntary leave), however i came with him and we had our son here in mexico. My son is good to go to Canada, as he has his citizenship certificate and we are in the process of getting his passport. However, What can we do so that my fiance can come back with my son and myself? What are the next possible steps? I do not want to go back to Canada without my future husband. This has been a battle for me personally, and i refuse to be defeated and breaking up my family over some papers. So if someone knows what is the next step please share with me the information. i would GREATLY apprecite your advice! <3 thank you!

Because your fiancé had a DUI record, it will be very tough for him to get approved PR sponsorship to Canada.

As for your other posting about your desperation of your "future" father-in-law trying to get back into Canada. There is an option. There is a parent sponsorship, however this can be done when your fiancé gets PR status first through spousal sponsorship. Once you and your husband settle in Canada, your husband would have to be the sponsor with you being the co-signer if the husband cannot get the 3 year minimum LICO requirement. So it is very long shot as your fiancé has a DUI record that is a major roadblock to getting PR himself first.

 

[kmarr90]

hi screech339
ok so it might be tough but what can we do? can we start an application? the officials at the court told him that they would erase his record after 3 years.

 

[screech339]

hi screech339
ok so it might be tough but what can we do? can we start an application? the officials at the court told him that they would erase his record after 3 years.

Reasons for inadmissibility

Note: This information is for guidance and reference only. A decision on your admissibility can only be made when you apply to come to Canada or at a port of entry.

A person may be denied a visa, refused entry to, or removed from Canada on any of these grounds:

•having been convicted of a crime, including driving while under the influence of drugs or alcohol (see note 1)

Note 1: Overcome criminal convictions

Individual rehabilitation

Rehabilitation means that you are not likely to commit new crimes.

You can apply for individual rehabilitation to enter Canada. The Minister, or their delegate, may decide to grant it or not. To apply, you must:

•show that you meet the criteria,
•have been rehabilitated and
•be highly unlikely to take part in further crimes.

Also, at least five years must have passed since:
•the end of your criminal sentence (this includes probation) and
•the day you committed the act that made you inadmissible.

So it appears that even though the record will be erased after 3 years, he still have to wait 5 years to be deems rehabilitated (Sept 2016) to qualify for PR sponsorship.

Screech339

 

[Rob_TO]

So it appears that even though the record will be erased after 3 years, he still have to wait 5 years to be deems rehabilitated (Sept 2016) to qualify for PR sponsorship.

I believe in Sept 2016 they will just qualify for rehabilitation, and the actual process to get rehabilitated status could take another 1 year.

Although i'm no expert on this topic and not sure if PR app could be going on at same time as rehabilitation app, so best to check with an experienced immigration lawyer with experience in criminality issues.

It's also good to request RCMP report, just to see how the charge actually shows up on your record.

 

[kmarr90]

How can i request a RCMP report?

 

[screech339]

How can i request a RCMP report?

http://www.rcmp-grc.gc.ca/cr-cj/fing-empr2-eng.htm

Here is the link.

 

[kmarr90]

thank you!

 

[screech339]

thank you!

You're welcome and good luck. You will have a long road ahead of you.