Hi
lightblue7 said:
I am a Canadian and have been married for 1 yrs and a half. We have decided to live in Quebec. With a past criminal issues and after applying for rehabilation at the Canadian Consulate and being refused , stating that I remain inadmissible to Canada because I am a person described in Subsection 36 (1)(b) I am not sure what to do or what my options are.
Thank-you in advance
1. You mean your spouse don't you?
Serious criminality
36. (1) A permanent resident or a foreign national is inadmissible on grounds of serious criminality for
(a) having been convicted in Canada of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years, or of an offence under an Act of Parliament for which a term of imprisonment of more than six months has been imposed;
(b)
having been convicted of an offence outside Canada that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years; or
(c) committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years.
You can apply for rehabilitation 5 years after the completion on the sentence. See; http://www.cic.gc.ca/english/pdf/kits/guides/5312E.PDF If this was refused, then the only thing that your sponsor can do is appeal to the IAD, the information should have been in the refusal letter s/he was given.
PMM
