I am wondering what my options are for my boyfriend and I to be together. He is a US citizen and I am Canadian. We know we want to be together and we are prepared to get married if necessary, however my divorce is not final yet. We are not sure if I should move down there or if he should move up here. In most ways financially it would make more sense for him to move here as I am in a much better position to support him financially until he is able to work. The main glitch is that he has a conviction from 10 years ago. I believe that since it has been over 10 years that he is considered rehabilitated and can visit Canada without issue, however I am not sure if moving here would be a different story? If in fact his conviction is no longer an issue what are our options for him moving here? I can easily support him if he never worked, but I know he would want to work and so I know he would need a work visa and likely residency, and I think that both of these typically take about a year to obtain, would that be accurate? If we were to get married then I believe the process is easier and quicker but I am not certain as how all that works? I guess my biggest concern is, does or could his over 10 year old conviction pose any sort of problem and if so what steps would be necessary to take in order for him to move here with me? Thank you for any information you can provide as we begin to try and figure out all of our possible options.
US boyfriend
- Thread starter Justine44
- Start date
Without knowing the type of conviction you're talking about, it's impossible to say.
Other than that, you can't sponsor him for PR until you're married or common-law (having lived together 12 months).
Before you get married/common-law, he can just "visit" Canada (again depends on seriousness of previous conviction), but as a visitor would not be able to work here. In order to work earlier, he would need to obtain a work visa on his own either via a professional job that qualifies under NAFTA or from an employer willing to go through LMIA process to hire him (typically very hard to do and only if his skills are in high demand).
Other than that, you can't sponsor him for PR until you're married or common-law (having lived together 12 months).
Before you get married/common-law, he can just "visit" Canada (again depends on seriousness of previous conviction), but as a visitor would not be able to work here. In order to work earlier, he would need to obtain a work visa on his own either via a professional job that qualifies under NAFTA or from an employer willing to go through LMIA process to hire him (typically very hard to do and only if his skills are in high demand).
He was convicted of Indecent solicitation of a minor. He was innocent, but he could not afford to take the charge to trial and on bad advice from his lawyer he plead guilty to the charge. He served no jail time but had to go for counselling, be on the sex offender list and comply with all of the restrictions associated with that. If I had been in his life at the time I would have never allowed him to plead guilty to this charge which has haunted him in a massive way ever since. He has had no other charge of any kind his entire life, other than 1 speeding ticket. Due to the sensitivity of the charge involved I wonder if things become more difficult or not?
Assume his conviction will be an issue - but one that you can hopefully overcome and that will only result in longer processing times. He will definitely need to go through the rehabilitation process to come here given the nature of the conviction. I would advise speaking with an experienced immigration lawyer in Canada for advice before starting.
I was afraid of that and was hoping that since the 10 years had passed that the rehabilitation process would not be necessary, from what I understand that also takes a year or so. I guess I need to speak with a lawyer to see if him coming up here makes any sense at all or if I just go down there.... 
thanks for your help
thanks for your help
I was afraid of that and was hoping that since the 10 years had passed that the rehabilitation process would not be necessary, from what I understand that also takes a year or so. I guess I need to speak with a lawyer to see if him coming up here makes any sense at all or if I just go down there....
You have to look at the equivalent charge in Canada, and what the max sentence would be. I believe for this conviction, the max penalty in Canada is 10 years or more. So following would apply meaning automatic rehabilitation doesn't happen, and must be specifically applied for. Again though, best to see a lawyer to confirm.
https://www.canada.ca/en/immigratio...ble-canada-past-criminal-activity.html#5312E4
If you were convicted of an offence or you committed an offence outside Canada that, if committed in Canada, would be punishable by a maximum term of imprisonment of ten years or more:
- You are deemed rehabilitated: not applicable.
- You are eligible to apply for rehabilitation: five (5) years from completion of the sentence or commission of the offence.