Inadmissable for criminal record?

[bobshynoswife]

This is not necessarily just for family class, but I need some info. My husband has a friend in Nigeria who would like to immigrate to Canada.

She moved to the UK as a 10 year old girl. Her entire family left Nigeria. She considers herself British, but never became a citizen (she had equivalent to our PR). A few years ago she was working in a shop and she skimmed some credit card numbers. She was convicted (of what, for sure, I don't know...probably fraud and theft) and served 1 year prison time. Britain is very harsh on people who commit crimes and are not citizens, and she was deported. As you can imagine, it was devastating to her, she is now back in Nigeria with no family, and basically is in a foreign country, stuck.

I told my husband there is no way she is admissible to immigrate to Canada with a conviction that resulted in a 1 year prison sentence. Am I correct? Does anyone have a link as to what crimes are 'okay'? She seems to think this was a minor offense...I disagree. I think it's a pretty big freaking deal.

Thanks for any info you can give me. I am trying to get her not to waste her money by applying, and keep her from getting her hopes up.

 

[CharlieD10]

http://www.canlii.org/eliisa/highlight.do?text=immigration%2C+inadmissible%2C+criminal%2C+conviction%2C+fraud&language=en&searchTitle=Search+all+CanLII+Databases&path=/en/ca/fct/doc/2011/2011fc164/2011fc164.html

The above case from CanLII deals with fraud committed by a potential PR. Check out the various sections of the IRPA that deals with criminal inadmissibility.

 

[Baloo]

Criminal inadmissibility

http://www.cic.gc.ca/english/visit/faq-inadmissibility.asp

http://www.canadavisa.com/immigration-problem-criminal-inadmissibility.html

http://www.canadavisa.com/immigration-criminality-rehabilitation.html

 

[mayasita]

maybe i'm reading it wrong, but it seems like your husband (and by some extent you) are open to helping this girl get to Canada somehow? While i can understand that she's in a place she doesn't want to be, it seems she had a good chance and blew it royally(pun not intended). After all that you've personally seen on this forum, so many people in genuine relationships struggle, I'm surprised you'd be so open to entertaining this in any way?!

maybe it's just me tho?

 

[eyeoftheocean]

I think this girl has had the correct punishment for theft and fraud , and rightly so ! she has been given the exact same treatment any English born person would have been given so quit whining !

Why should she be given special treatment to enter Canada? she committed the crime, served her time in prison , now she has to understand she could be inadmissable for at least 10 years,,you need a lawyer and my guess is they will tell you the same.

 

[jckovacs]

maybe i'm reading it wrong, but it seems like your husband (and by some extent you) are open to helping this girl get to Canada somehow? While i can understand that she's in a place she doesn't want to be, it seems she had a good change and blew it royally(pun not intended). After all that you've personally seen on this forum, so many people in genuine relationships struggle, I'm surprised you'd be so open to entertaining this in any way?!

maybe it's just me tho?

It's not just you. I don't want to be rude, it's never my intention. But she committed a crime, she has to take the punishment. She may not like it, but it's true. But she can't just squeeze into another country because she's unhappy where she is, and hope to score a partner that's truly looking for love.

We have gone through so much being apart and all we want is to be together. We would be sad if someone else wanted in just to 'get in' and got in line in front of us. It's just my opinion and feelings, as we're all entitled to them.

 

[bobshynoswife]

I appreciate the links, and now I can tell her that she will have to wait another 4 years and then apply for rehabilitation and then apply under federal skilled worker. That will take 8 or so years, so hopefully she will not put all her hopes on this, and instead will find a life and love in Nigeria.

 

[bobshynoswife]

I think this girl has had the correct punishment for theft and fraud , and rightly so ! she has been given the exact same treatment any English born person would have been given so quit whining !

Why should she be given special treatment to enter Canada? she committed the crime, served her time in prison , now she has to understand she could be inadmissable for at least 10 years,,you need a lawyer and my guess is they will tell you the same.

the exact same treatment as any english born person? i think not! she was a permanent resident of UK, having resided there since childhood. The prison sentence was the correct punishment for theft and fraud, I agree. The deportation to a country where she is essentially a stranger, which no family or friends or any kind of life is where I think the punishment was harsh.

I was never asking for her to have 'special treatment to enter Canada'. I was asking for links to CIC policy to show her that immigrating to Canada is NOT AN OPTION FOR HER.

Have a little bit of sympathy, for goodness sake.

 

[bobshynoswife]

Criminal inadmissibility

http://www.cic.gc.ca/english/visit/faq-inadmissibility.asp

http://www.canadavisa.com/immigration-problem-criminal-inadmissibility.html

http://www.canadavisa.com/immigration-criminality-rehabilitation.html

thank you! I really appreciate this and have forwarded the links to my husband to send to her.

 

[Baloo]

thank you! I really appreciate this and have forwarded the links to my husband to send to her.

It may be a good move to contact the owners of this site.

http://www.canadavisa.com/

 

[bobshynoswife]

It may be a good move to contact the owners of this site.

http://www.canadavisa.com/

The thing is, even removing the criminal record, she hasn't got a very good shot at immigrating here under any conditions. She has a degree but doesn't have any special skills. She has no money.

I really wish I could help her, but her stupid mistake (and it was a mistake, she is a good person but her boyfriend convinced her to do it, saying she'd never get caught) has really dug her into a deep, deep hole.

 

[Material]

The thing is, even removing the criminal record, she hasn't got a very good shot at immigrating here under any conditions. She has a degree but doesn't have any special skills. She has no money. I am more interested in convincing her that Canada is not an option, and not to waste her time and money applying.

I really wish I could help her, but her stupid mistake (and it was a mistake, she is a good person but her boyfriend convinced her to do it, saying she'd never get caught) has really dug her into a deep, deep hole.

Each country has its rules and policies and sadly just because she lived in the UK for 10 years doesnt give her the right to be treated as a UK citizen (It is how immigration works there).Committing a crime is a whole different story , I think she is old enough to take responsibility for her actions and just because her boyfriend told her to do something she was suppose to make sense of what is right and whats wrong anyways she was punished and probably learned from her mistake so I dont think that she should be jugged for the rest of her life. As for immigration to Canada she is going to have a tough time getting here as you already know by now I guess.

Just my opinion!! dont mean to be rude or anything

Thanks