Criminal Rehabilitation - A complicated case

[rrr..hh]

I have a bit of a tricky case and looking for some answers as I'm very confused. Any input would be very much appreciated

So basically my boyfriend was born in Pakistan but moved to the US with his family as a child. He never received his citizenship since at the age of 14 he committed a crime, was charged as an adult and sentenced to 8 years in prison.

Immediately after serving his entire sentencing he was deported back to Pakistan. This was around 12 years ago. Today, he lives in Dubai and has been living and working here for 8 years.

Now he wants to apply for a Canadian temporary resident visa SIMPLY for a visit, he is not looking to permanently move to Canada! My family lives in Canada, and he wants to come over to meet them.

So my questions are the following...1) If he simply wants to apply for a temporary resident visa, does he even need to have the Criminal rehabilitation at all? 2) If he applies for the CR and visit visa at the same time, will he immediately be rejected for the visit visa since the CR isn't approved yet?

Any advice would be helpful!

 

[scylla]

It's hard to comment without knowing the crime. Based on the seriousness of the sentence, it's quite possible he will have to go through the rehabilitation process before he will be eligible for a TRV. One option would be to apply for rehabilitation and check the "for information only" box to find out what his status is from that perspective.

https://www.canada.ca/en/immigratio...iminal-convictions/deemed-rehabilitation.html

Even if rehab is approved, the fact he has a US deportation on record will make it more difficult for him to obtain an approved TRV.

When he applies for the TRV, make sure he is 100% honest and fully declares both his criminal and immigration history.

 

[rrr..hh]

Thanks for the reply scylla! Will definitely try that
The charge is robbery with a deadly weapon....not sure if that makes a difference

 

[Buletruck]

Yup, it makes a huge difference. Even with rehab, you may find CBSA will decide its undesirable for him to enter Canada. It’s a pretty significant crime.

 

[rrr..hh]

Hmmm the only saving grace is the fact that he was 14 when it happened
Not sure if they would consider that?

 

[Buletruck]

Having been prosecuted as an adult won’t help. That’s usually reserved for the most serious cases (although it was in the US) and generally indicates a pretty severe crime. Assuming he used a gun in the act, the equivalent Canadian conviction could result in a life sentence. To be sure, he’s likely in for a tough time, even if he gets a TRV. CBSA could refuse him at the border also.

https://laws-lois.justice.gc.ca/eng/acts/C-46/section-344.html

 

[rrr..hh]

So if we get married and ever decide to move back to Canada in the future, there is likely no chance of him being able to get citizenshio then?

 

[Buletruck]

Chances of getting Permenent residence are better than getting a TRV.

Based on the information you’ve posted, you’ll probably need the council of a really good lawyer.

 

[rrr..hh]

Hmmm do you know if they actually look into the details of the case? Because there was never actually a weapon found....was a bit of a bs charge to make it “with a deadly weapon”. Also, it was an attempted robbery since they were caught in the act.