Options for french boyfriend to live/work in Canada?

[jezebel]

Hi there,
I am a 42 year old female Canadian Citizen, with a well-established career in Toronto. I met my 34 year old boyfriend in August 2011, when he was here visiting his relatives (cousins) who also reside in Toronto. We began dating almost immediately (mid-august) and our relationship has become serious. He is from France, and I returned with him in January for 3 weeks, while we visited his family and travelled around France. We both returned to Toronto, and he has now gone back to France for 1 month - to visit family again and to have surgery on his knee. He will be returning to Toronto in 1 month. He wants to start working in Canada, and we see a serious future here together. I am wondering what our options are, and there are a few issues I am concerned about;
1. I don't think he would qualify as a "skilled worker" as he has mostly just worked in the hospitality industry, although he does have a college business degree from France.
2. He resided in the US for approximately 8 yrs, from 2001 to 2009. He was married in the US for a number of years and underwent a bitter divorce (finalized in October 2011). He left the US for a period of time as his brother was dying in France, and when he returned he was denied admittance to the US as he had let his visa expire. (This was in 2009 or 2010 and is stamped in his passport). He returned to France and did not attempt to go back to the US.
3. This is the one I am most worried about - he has a DUI conviction in the US from 2006 or 2007.
Please tell me what our options are? - He wants to start working in Canada and feel "productive", although he has significant savings. Will he likely be able to get a work visa given that he does not have an established career or skill? So far I guess he is just here as a "visitor". He has been living with me (I own a house) since early December, so could I apply to sponser him in August, or would we have to wait until December? Can he remain in Canada with me during the process? Thanks in advance for any help! and I should add that if he was able to remain in Canada during the process, could he take a few short trips (2 to 3 weeks) back to France each year? This would be important as he is very close with his family and would want to visit them frequently. Thanks

 

[NBaker]

At present the stumbling block is the conviction in the US. He is criminally inadmissible to Canada and been here a couple of times without informing the officer at the Port of Entry about this so additionally there is the possibility of misrepresenation. He might be able to apply for a TRP - to overcome the inadmissibility, but having entered a couple of times without bringing this up himself I would be concerned. If he seeks entry again in the knowledge of this information it becomes even more troubling.

As far as work goes that is out unless the inadmissibility is dealt with first.

If it is successfully then he would need to have a job offer and LMO and apply for a work permit from outside Canada.

Since you are not married and do not appear to meet the common-law 1 year rule you also could not sponsor him even if the admissibility problem were dealt with.

You need to do some research through the manuals available at the CIC website or links at this forum and may ultimately find that assistance is required if this is a path you wish to pursue.

I caution very strongly against his seeking to return to Canada until he has sorted out problems as he could risk being deported as a result.

 

[YorkFactory]

He is criminally inadmissible to Canada and been here a couple of times without informing the officer at the Port of Entry about this so additionally there is the possibility of misrepresenation.

It's not misrepresentation unless the border agent asks and you lie. You're not required to answer questions they don't ask.

 

[NBaker]

If you are aware of information that would make you inadmissible regardless of being asked or not and or allowed forward a report for misrepresentation is justified and could certainly be successful at an admissibility hearing.

Here is the section from IRPA that applies:
Marginal note:Misrepresentation

40. (1) A permanent resident or a foreign national is inadmissible for misrepresentation
(a) for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act;
(b) for being or having been sponsored by a person who is determined to be inadmissible for misrepresentation;
(2) The following provisions govern subsection (1):
(a) the permanent resident or the foreign national continues to be inadmissible for misrepresentation for a period of two years following, in the case of a determination outside Canada, a final determination of inadmissibility under subsection (1) or, in the case of a determination in Canada, the date the removal order is enforced; and

In this case not coming forward with material facts indirectly is what this gentleman has done and if he seeks entry again it would be directly so. He can also be charged criminally.

It is incorrect to believe that one needs to be asked directly about a matter to be found to have misrepesented themselves.

 

[jezebel]

Thank-you for the replies, although this is obviously not what I wanted to hear. Although I am well-educated and keep up on current events etc., I have to admit that I was very naive about immigration, and the issues you have raised. I had no idea that you had to report that you have a criminal conviction upon entering Canada. Neither did any of my friends, most of whom are lawyers (albeit not immigration lawyers) and police officers. While I fully understand that if asked, of course you must answer any questions truthfully, I had no idea that there is a duty to report this information when not asked, and that you may be arrested and charged if you fail to do so.

Obviously my situation is a lot worse than I knew, and there is another issue that I didn't bring up in my first post that may or may not have some relevance. I'm in the very early stages of pregnancy (I didn't mention this before because it's so early and very few people know). We are both absolutely devastated, and don't know what to do and what my options are now, given his situation, and "inadmissability". As I mentioned before, it's really not possible for me to move to France, but I can't imagine (and don't think I could) raise a child or go through everything without him Can someone please advise if they can see any possible options. Thanks so much.

 

[NBaker]

Do some work to determine if he might meet requirements for rehabilitation or could apply for a TRP. Links below provide information/application forms.

http://www.cic.gc.ca/english/information/applications/rehabil.asp


http://www.cic.gc.ca/english/information/inadmissibility/permits.asp

 

[jezebel]

Thank-you. I have been researching everything non-stop but I can't find anywhere where they detail what might constitute "extenuating circumstances" in terms of getting a TRP, or length of time before one could be granted, IF one could be granted. Could he be in Canada while waiting for one to be granted? Also, I'm not clear on whether a TRP would allow him to work or possibly study in Canada - although I guess now this "wish" has been pushed down the priority list, and if need be, he could afford to live here for up to 3 years without working.

He is a little foggy on the details of his DUI conviction and sentence, (this was all overshadowed by a horrible car accident and slow death of his brother) but he thinks it was Dec 2007 and that he did 1 year or possibly 2 years probation, so that would make him inadmissable for at least another year or two.

Any other options? Would being married and going the route of spousal sponsorship change anything, or open up any doors? Or is that impossible anyway because of the inadmissability issue? Marriage has not been a huge priority for either of us, but we plan to spend the rest of our lives together and raise a child, so we could certainly get married.

I understand Quebec might operate under a different immigration system?? Would there be any possibility of him getting into Quebec as he is bilingual, and working there? At least we could be together more often than if he has to remain in France. I'm getting desperate here but trying to think of any option.

 

[scylla]

The inadmissibility rule applies regardless of what province he immigrates to and no - marriage won't change a thing.

This would be a very good time to find out exactly when the DUI occurred and when he finished probation. These dates are going to be extremely important.

 

[NBaker]

At a minimum, deemed rehabilitation would be looking at a period of 5 years after the probation period ended and if there were more than one charge not from the same incident it could not be considered. In that case rehabilitation would need to be applied for and approved prior to seeking entry at any time in the future.

If a TRP were to be issued it would provide a way to allow for entry since its purpose is to overcome admissibility for the period of time it is issued. The application would need to satisfy the reviewing officer that there is some great benefit to Canada to allow a person to enter. If one were to be issued and there were a job offer a work permit might be possible.

Being married provides no reason why he should or would be allowed to enter Canada. Certainly any application submitted prior to rehabilitation being granted would be refused due to the inadmissibility.

Your pregnancy also would not be a specific reason for allowing his entry to Canada. It may be something to include in the TRP application, but again may not be sufficient since he does not have a job or any offer of one to provide evidence that he might assist with support of the child.

Admissibility requirements must be met in every part of Canada at all times for foreign nationals.

 

[PMM]

Hi

At a minimum, deemed rehabilitation would be looking at a period of 5 years after the probation period ended and if there were more than one charge not from the same incident it could not be considered. In that case rehabilitation would need to be applied for and approved prior to seeking entry at any time in the future.

If a TRP were to be issued it would provide a way to allow for entry since its purpose is to overcome admissibility for the period of time it is issued. The application would need to satisfy the reviewing officer that there is some great benefit to Canada to allow a person to enter. If one were to be issued and there were a job offer a work permit might be possible.

Being married provides no reason why he should or would be allowed to enter Canada. Certainly any application submitted prior to rehabilitation being granted would be refused due to the inadmissibility.

Your pregnancy also would not be a specific reason for allowing his entry to Canada. It may be something to include in the TRP application, but again may not be sufficient since he does not have a job or any offer of one to provide evidence that he might assist with support of the child.

Admissibility requirements must be met in every part of Canada at all times for foreign nationals.

Deemed rehabilitation is 10 YEARs after the completion of the sentence for a crime that is considered indictable

 

[NBaker]

Here is where a self-assessment can be done to determine where you may sit with respect to deemed rehabilitation.

http://www.cic.gc.ca/english/information/inadmissibility/rehabilitation.asp

As noted in my previous post it is unlikely that you meet the deemed timeline regardless owing to the probation period among other things, but the assessment may help. Additionally suggestions are included at this linke related to cases where deemed rehabilitation requirements are not met.