Quickest way to enter Canada

[Ang3liika]

My fiancée was recently deported from US to Colombia. Obviously we are trying to figure out a way for us to be reunited as quickly as possible. Therefore, my question is what is the best way for him to enter Canada? Applying for a federal skilled worker visa, which would mean waiting until May to submit the application plus all the processing time, or would be wise for him to attempt to enter Canada on a temporary worker visa, possibly with an arranged employment, and once in Canada to apply for permanent status?

He owned his own auto parts and auto shop business here in States and has over 7 yrs of experience. His entire family is here, including a son, whom he has with another woman. I am a U.S. citizen and we were going to get married in couple of months, but I guess life had other plans for us. With that said though, I am willing to go to Colombia and get married to him if that could facilitate the immigration process for him. I can't live in Colombia, due to me finishing my bachelor degree, and I also have my entire family in US. Therefore, Canada is the best option for everyone.

Also I need to mention he has criminal record, possession of over 30 grams of marijuana, however, the conviction is older than 5 years, so i understand he needs a rehabilitatin waiver. Please any help would be greatly appreciated. Thank you in advance.

 

[scylla]

Forget about any kind of temporary visa (work permit, visit visa). To be approved for one of these, your fiance would have to prove that he has strong ties to his home country and has no intentions of remaining in Canada long term. This will be impossible to prove given his recent deportation.

His best bet is to apply for PR through one of the immigration streams (skilled worker, provincial nominee). I think it's extremely unlikely he'll be able to come to Canada while his application is being processed. Expect that he won't be able to come to Canada until he has been approved for PR.

 

[amikety]

Also I need to mention he has criminal record, possession of over 30 grams of marijuana, however, the conviction is older than 5 years, so i understand he needs a rehabilitatin waiver. Please any help would be greatly appreciated. Thank you in advance.

If he served time, it's five years since the completion of his sentence. I believe this applies to probation as well.

You can apply for individual rehabilitation if at least five years have passed since you completed your criminal sentences.

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

Just an FYI, I've seen several users here posting about their rehab applications and some have taken a very long time to process. It might be a wise idea to search the forum and read about some of the experiences others have had.

In addition, Skilled Workers are generally considered workers with bachelor's degrees or above. Semi-skilled are tradesman and the options for coming to Canada are fewer.

 

[time to go]

easy way to enter in canada just cross 2 borders and enter in Canada ;D

 

[time to go]

better apply visit visa for canada and enter in Canada, or apply as refugee

 

[amikety]

I wouldn't advise that. Canada is cracking down on Mexicans applying as refugees because of the massive fraud.

 

[Ang3liika]

I wouldn't advise that. Canada is cracking down on Mexicans applying as refugees because of the massive fraud.

Well, he was trying to get residency in US based on political asylum but the judge rejected the appeal because nobody out of his family was hospitalized, and that is the basic requirment for asylum in the US. He has proofs that his family was and still is in danger if came back to Colombia. So would refugee work for Canada?? I mean, I am so scared for him to go back there!

 

[amikety]

Here's the CIC's official website:

http://www.cic.gc.ca/english/refugees/inside/apply-who.asp

Refugee claims are for people in real danger, not percieved danger. He can take the self assesment, and if he's completely honest, it will give a fairly accurate claim.

Please note, if he leaves Canada while his claim is in process, it will cancel the claim and could get him banned.

Also, please do not make a bogus refugee claim. If he wasn't granted asylum by the USA, the chances of him getting it hear are low. There's already too many bogus cases in process in Canada, too many people abusing the system, an clogging up the court system for real refugees. It gives refugees a bad name in general.

Also note, that during the coup in Hondurus, not even that made it's citizens eligible for refugee status. It has to be serious immediate life threatening. The reasons you've described so far are not life threatening. Using the refugee claim just to meet a US citizen is not right.

But, of course, he has to get to Canada first.

 

[Ang3liika]

Amikety,
We want to live in Canada permanently. I am in the US now, he is going to be in Colombia any day now. I'm just looking for the best option for him to enter Canada legally and once he's there I'm going to move as well. His criminal record makes the situation difficulty. I did the self assessment test to see if he qualifies under the federal skilled worker program and he received 70 points, pass mark is 67. His entire family is here in States, so it just makes sense that being in Canada is the best option for him to be able to continue on with normal life. I also thought about temporary visitor/resident permit.

 

[amikety]

1) You can't just move to Canada. You'll be a visitor until you get a different status. If you show up at the border with a moving van and no papers, they'll turn you around and you'll be flagged.

2) Even if he gets citizenship in Canada, he'll still be banned from the USA. Canadians don't get to enter the USA automatically and vice versa.

If he qualifies for FSW, then he can apply if he wishes. The program is closed and is scheduled to re-open in March. There will be a flood of applications upon opening, so having the application ready is a good idea. Keep in mind, FSW was one of the slowest methods. CIC has aimed to improve speed, but there are people still waiting 8 years after applying.

Did you review the professions in demand?

Also, if he is certified as a tradesman (or can get one) there are provinces that offer jobs and nomination for PR for jobs such as welder and pipe fitter. (But you must be in that province and intend to settle there.)

I really feel the chances for getting a temporary visa is low. He will have to admit to living in the USA and provide an FBI police clearance. Canada will know about the deportation. They probably won't risk giving him a temporary visa, even with a job offer. FSW is permanent so it won't matter if he applies that way.

According to CIC's website, the Rehab waiver is five years after the completion of the sentence, including probation. Not conviction.

It might be best, since he has a criminal record, it may be best to obtain legal aid with his application, whichever way he goes. Most law offices give a free consultation, but if any of them go 100% against the advice here, run. They are only after fees. A good lawyer will tell you it's going to be difficult. I've had lawyers tell me 110% WRONG advice according to CIC and people here so these lawyers aren't perfect. Anyone that tells you he can get a visa fast without problems and guarantee a job - scammer. (I'm only ranting on here because I know there's a lot of fraud with lawyers and you're desperate to get together with him again. Scammers smell that like blood in the water.)

Canada isn't going to be a quick easy fix.

 

[Ang3liika]

He qualifies for Alberta's Provincial Nominee Program under mechanic trades. That is also location where we would love to settle. I understand I can't just move to Canada without proper paperwork and visa. It has been 5 yrs since probation. He was not sentenced to any jail time.

I thought that FSW re opens in May, not March??

 

[amikety]

Last I saw was March. They might've changed it to May.

Alberta PNP would be a great way to go. Probably faster too. Depending on his NOC code (job rating) you would be eligible for a work permit. Then you could bring household items. Both of you can also claim dual intent for the temporary visa if his job leads to PNP. That means work temporarily but permanent immigration is your goal. As long as he's on the path to earning credit for PNP AINP or CEC (all experience based programs) he can claim dual intent.

Also, you could look into NAFTA. If you are a member of a valid profession (needing a bachelors is pretty much required) you could go that route. The same applies here - if your job qualifies, you can try to sponsor him temporarily for a work permit.

Go to www.kijiji.ca. There were some semi-skilled jobs posted recently in Calgary. Probably more in Edmonton and Fort McMurray. FMM is really cold... Just a warning. He may need to get a professional certification if he doesn't already have one.

 

[Ang3liika]

Thank you so much for your help!!! Truly a great advice.

 

[Ang3liika]

One more question...how would we go about obtaining a professional certification? He has 7 yrs of experience but never obtained any certificate. Could he obtain it now even though he will be in Colombia?

 

[Layman]

he has criminal record, possession of over 30 grams of marijuana, however, the conviction is older than 5 years, so i understand he needs a rehabilitatin waiver.

OMG! All this hassle just because he was in possession of 30 grams of marijuana more than five years ago? Is Canada on planet Earth? Seems likes it´s easier for a camel to pass through the eye of a needle than anyone with a minor offence making it to Canada in a reasonable period.

In Portugal he would be considered as someone in need of reintegration. In Canada he´s just a plain criminal. despite possessing skills the country is in dire need of ... :