spouse inadmissable to Canada

[Ravil00]

I am main applicant for The PNP immigration program, I have question, My wife is inadmissible  due criminal offense in Canada, Is my application gonna processed by Visa office? or my application will be refused because of my wife's offense, How do I find out?, can I immigrate alone with my son, and take my wife after seeking pardon for her.

[Leon]

As a married couple, if one of you is inadmissible, so is the other.  You can not leave your wife behind and immigrate alone with your son.  Seek the pardon for her first and then apply for all of you to immigrate.

[Ravil00]

Thank you, How did you find out about it? can you give any offical link for this information?

[Leon]

Thank you, How did you find out about it? can you give any offical link for this information?

Here:

All family members, accompanying or not, are required to be examined during processing of an application unless a properly delegated officer has determined that they were not required by the Act or the former Act, as applicable, to be examined. Normally, any inadmissible family member would render the principal applicant inadmissible as well [A42; R23].

There are, however, two exceptions to this rule. The first is the separated spouse of the applicant. The second is the child
of an applicant in the legal custody of someone other than applicant or an accompanying family member or where someone other than the applicant or an accompanying family member is empowered to act on behalf of that child, by virtue of a court order or written agreement or by operation of law.

If an applicant's separated spouse or the applicant's children who are in the custody of someone else are inadmissible, their inadmissibility would not render the applicant inadmissible. However, as separated spouses can reconcile and custody arrangements for children can change, examination is required in order to safeguard the future right to sponsor them in the family class. If these family members are not examined, they are excluded from the Family Class in the future
under R117(9)(d).

[MNM]

@ Leon

What if someone was working illegally in Australia on work permit. He was forced to do different job because of silly employer. He caught once on airport during verification and got inadmissible from Australia. It happened more than 5 years back. If he reveals all this information Will this effect on his canada immigration. What if he don't show?
What about record maintained by Australia for such people. Do Canada share that kind of information with other countries.

Regards..

[Leon]

Nobody is forced to do a job because of a silly employer.  They can say no, I wont do that and go home and never get banned from anywhere.

Excuses aside, he would have a problem getting any kind of temporary permit to Canada like a work or a study permit because he has shown that he has not followed the rules in the past in another country and they will think he will be likely to not follow them in the future either.

He will not have a problem applying for his PR though.  You can not overstay a PR.  People have applied for PR while they had overstayed and were working illegally in a 3rd country and they have been approved without a problem.

[Ravil00]

.Is that means, If I make separation and not include my spouse in application My application will be accepted? What about my son can he immigrate with me. So Just need separation letter not it is not nessary to get divorce?

[Leon]

.Is that means, If I make separation and not include my spouse in application My application will be accepted? What about my son can he immigrate with me. So Just need separation letter not it is not nessary to get divorce?

If you separate and you have full custody of your son, I suppose you could immigrate as it says a separated spouse inadmissibility will not make you inadmissible.  Your wife must be examined though because as they say there too, if she is not examined, you would never be able to sponsor her.  I do not know if they would make it a requirement also if they examine her but find her inadmissible that they will also make it so that you can never sponsor her.  You should talk to an immigration lawyer about this.

[MNM]

Nobody is forced to do a job because of a silly employer.  They can say no, I wont do that and go home and never get banned from anywhere.

Excuses aside, he would have a problem getting any kind of temporary permit to Canada like a work or a study permit because he has shown that he has not followed the rules in the past in another country and they will think he will be likely to not follow them in the future either.

He will not have a problem applying for his PR though.  You can not overstay a PR.  People have applied for PR while they had overstayed and were working illegally in a 3rd country and they have been approved without a problem.

Thanks for reply.

[Ravil00]

If you separate and you have full custody of your son, I suppose you could immigrate as it says a separated spouse inadmissibility will not make you inadmissible.  Your wife must be examined though because as they say there too, if she is not examined, you would never be able to sponsor her.  I do not know if they would make it a requirement also if they examine her but find her inadmissible that they will also make it so that you can never sponsor her.  You should talk to an immigration lawyer about this.

Thank you. Leon, I just not sure for 100% that she is inadmissable, She was given a 80$ fine yellow ticket by police in the store for changing price tags. Is that serios crime?

[Leon]

No, that is not a serious crime and I can't imagine that would make her inadmissable.

[MNM]

@ Leon
What is the difference between deportation and inadmissibility. Kindly clarify.

[Leon]

 @  Leon
What is the difference between deportation and inadmissibility. Kindly clarify.

Deportation = You are in some country, you either overstay your visa or commit a crime and as a result, you are deported, that means they make you leave this country.  Probably would be followed up with some type of ban to re-enter this country, for a couple of years or forever depending on what you did.

Inadmissibility = You apply for a temporary visa or a PR for some country but they don't want to let you in, for example because you have committed a crime in the past.  That means you are inadmissible.  In some cases if that is the situation, you can fix it by getting a pardon for your crime.

[HAZAR]

Deportation = You are in some country, you either overstay your visa or commit a crime and as a result, you are deported, that means they make you leave this country.  Probably would be followed up with some type of ban to re-enter this country, for a couple of years or forever depending on what you did.

Inadmissibility = You apply for a temporary visa or a PR for some country but they don't want to let you in, for example because you have committed a crime in the past.  That means you are inadmissible.  In some cases if that is the situation, you can fix it by getting a pardon for your crime.

Hi Leon
I have got removal order (deprture) for non compliance with PR obligations,is there any type of bane follow this kind of removal?


Do you think i will be considered inadmissable  and i will not be eligiable  to apply for vist visa to visit my PR family?

[PMM]

Hi

Hi Leon
I have got removal order (deprture) for non compliance with PR obligations,is there any type of bane follow this kind of removal?


Do you think i will be considered inadmissable  and i will not be eligiable  to apply for vist visa to visit my PR family?

1.  No ban.
2.  It is quite likely that if you apply for a TRV the overseas office will probably think you will overstay your status or have your spouse sponsor you in Canada, so will refuse,