is crime = inadmissible?

[kirimaru]

hi everyone

I'm outside Canada. I had first stage approved on H&C ground. Medical and Police certificate all clear and passed, but now the CIC ask me whether to accompany my spouse in Canada or not, he'll still be required to do medical and police check. He's protected person, legally stay here already. But because he had conviction 10 years ago (in jail under 1 month). Will he be consider to be inadmissible? Is this affected to my application?

 

[Bigal653]

yes, he should apply for rehab.

 

[kirimaru]

yes, he should apply for rehab.

thanks you,

do you know how long does it take? because CIC are asking him to do both within 30 days from now

 

[scylla]

You can get the medical within days. How long the police checks take depends on where you're getting them from.

If CIC determines a rehab application is required, that can take several months to process - sometimes close to a year.

I would submit the PCC and medical and then see if CIC asks for the rehab application.

 

[kirimaru]

You can get the medical within days. How long the police checks take depends on where you're getting them from.

If CIC determines a rehab application is required, that can take several months to process - sometimes close to a year.

I would submit the PCC and medical and then see if CIC asks for the rehab application.

thank you,

yes, he will absolutely do PCC and medical asap. But I just wonder will CIC consider ask for rehab application or refuse my application because of him?
and I don't know should I accompany him with my application or not? can anyone give me advice please

 

[scylla]

thank you,

yes, he will absolutely do PCC and medical asap. But I just wonder will CIC consider ask for rehab application or refuse my application because of him?
and I don't know should I accompany him with my application or not? can anyone give me advice please

You have to include your spouse in your application and he has to pass the medical and security/background check. Whether you include him as accompanying or non-accompanying is up to you. I think you might as well go with accompanying.

I'm not sure what will happen with regards to the rehab application (assuming one is required). You'll just have to wait and see.

 

[kirimaru]

You have to include your spouse in your application and he has to pass the medical and security/background check. Whether you include him as accompanying or non-accompanying is up to you. I think you might as well go with accompanying.

I'm not sure what will happen with regards to the rehab application (assuming one is required). You'll just have to wait and see.

THANK YOU SCYLLA,

He can't apply rehab in advance (because it take 6 months). We have to wait till CIC ask for it? it could take us another one more year . We have 2 kids and we separated 1 year and half. I miss them a lot. Can I apply Visitor or open work permit after AIP and from outside Canada? I want to meet my kid asap.

 

[scylla]

Sorry - I just re-read your original post. Is your spouse already in Canada and already classified as a protected person. What's the status of his PR application?

Also, are you outside of Canada? (Normally you can only apply for H&C if you are in Canada.)

 

[kirimaru]

Sorry - I just re-read your original post. Is your spouse already in Canada and already classified as a protected person. What's the status of his PR application?

Also, are you outside of Canada? (Normally you can only apply for H&C if you are in Canada.)

yes, he's already in Canada, he's protected person. he had removal order but CBSA can't deport him because he's Convention Refugee.
I'm principal of my H&C application? now CIC ask him to do Medical and Police check.
I used to live in Canada for 5 years, I applied H&C in Canada, been deported, now got AIP, medical and background check all clear.

 

[Mother2017]

Hi,

Sorry for bugging you.
Where you able to apply for H&C outside of Canada?

 

[scylla]

Hi,

Sorry for bugging you.
Where you able to apply for H&C outside of Canada?

No. OP applied for H&C while in Canada and was then deported. It's not possible to apply for H&C from outside of Canada. You have to be physically in Canada.

 

[Mother2017]

Oh, I see.

So, if I travel to Canada as a tourist and fill in for h&c ground and leave the country that works as well?

 

[scylla]

Oh, I see.

So, if I travel to Canada as a tourist and fill in for h&c ground and leave the country that works as well?

No - you need to remain in Canada. OP was removed (meaning was forced to leave). If you come to Canada, apply for H&C and then leave voluntarily - that will demonstrate that you really don't need to be in Canada and you can pretty much guarantee your H&C claim will be refused.

 

[kirimaru]

hi Scylla, do u have any idea that I can apply visa to Canada right now? processing time takes too long

 

[scylla]

hi Scylla, do u have any idea that I can apply visa to Canada right now? processing time takes too long

You would need a visitor visa (TRV) and would apply via the normal route just like anyone else. Have you been through the ARC process yet? If not, you'll need to go through that as part of the visa process since you were deported - this can take quite a number of months to process.

To be honest, I would wait out the processing of the H&C application and wouldn't bother applying for the TRV. I think it's highly unlikely a visitor visa will be approved given your history in Canada and the fact CIC knows you want to stay in Canada long term.

Is there a reason why you weren't included in your husband's refugee application as a dependent? That's the part I don't quite understand unless you got married after he got protected status. If you were married before he went through the refugee process, you would/should have been included as a dependent - that would be a much easier way to get residency than H&C which has a very low rate of approval.