Hi

[Natygabe]

I am wanting to know if my family can move to Canada. I do not know anyone in Canada. I am a US Citizen and so are my 4 children but my boyfriend is not. He was deported from the United States twice. Once in the 1995 and the other was in 2011. In 1995 he was charged for fighting someone and was deported after he was charged. In 2011 he was deported because some people found out he did not have papers and called immigration on him. Since 1995 he has not gotten into any trouble. I was wondering with all this said is there a way he can be able to migrate to canda. Since this is my first time doing anything with immigration I am clueless and I hope you can answer my questions thank you so much.

 

[crescent_jam]

I am wanting to know if my family can move to Canada. I do not know anyone in Canada. I am a US Citizen and so are my 4 children but my boyfriend is not. He was deported from the United States twice. Once in the 1995 and the other was in 2011. In 1995 he was charged for fighting someone and was deported after he was charged. In 2011 he was deported because some people found out he did not have papers and called immigration on him. Since 1995 he has not gotten into any trouble. I was wondering with all this said is there a way he can be able to migrate to canda. Since this is my first time doing anything with immigration I am clueless and I hope you can answer my questions thank you so much.

You do not need to know anyone in Canada in order to be considered for permanent residency (although having immediate family members in Canada can increase your chances of being eligible for consideration).

The general consensus among members of this forum is that illegal residency in and subsequent deportation from the US shouldn't* disqualify you from consideration (*although a criminal record could, so if the deportation was also accompanied by an arrest and/or conviction or something that could negatively impact your boyfriend's criminality assessment, that could be grounds for a refusal).

Note, as well, that you cannot apply for your 'boyfriend' as a member of your family, unless he meets the criteria for being considered a common-law spouse.
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If you do not think that anything in your common-law spouse's background would render him criminally inadmissible (keep in mind you'll have to provide police reports to prove this and a full background check will be conducted), then your first step is to find out if you or your spouse are eligible for consideration for Canadian permanent residency, under the Express Entry programme.

Unless you have 1-year of full-time Canadian work experience, you would most likely be trying to apply under the Federal Skilled Workers (FSW) programme.

• Use this webpage here to see if you're eligible under the FSW programme (you need a score of at least 67 out of 100): http://www.cic.gc.ca/english/immigrate/skilled/apply-factors.asp
  
• If you DO have at least 1 year of Canadian work experience, use this webpage to determine if you're eligible under the Canadian Experience Class (CEC) programme: http://www.cic.gc.ca/english/immigrate/cec/apply-who.asp
  
• If you don’t meet eligibility under either FSW or CEC, use this webpage to determine if you’re eligible under the Federal Skilled Trades (FST) programme: http://www.cic.gc.ca/english/resources/tools/perm/econ/fst/processing/criteria.asp

If you are NOT eligible under any of these three programmes, you are unfortunately not eligible to apply for permanent residency through Express Entry (but there may be other ways for you to pursue permanent residency – these additional ways will not be covered here).
-----------------------------------------------------------------------------------------------------------------------------

If you ARE eligible under one or more of these three programmes, please note that this does NOT guarantee you will receive an Invitation to Apply (ITA) for permanent residency. Your likelihood of receiving an Invitation to Apply is dependent on your Comprehensive Ranking System (CRS) Score.

The CRS Score is what IRCC uses to determine which candidates will get an Invitation to Apply (ITA) for permanent residency. The general consensus is that, at least at the time of writing this, you need a CRS score of at least 435 to have a chance at getting an ITA; but please note that this could easily change in the future.

• Use this tool to calculate your projected CRS Score: http://www.cic.gc.ca/english/immigrate/skilled/crs-tool.asp

-------------------------------------------------------------------------------------------------------------------------------
If you are eligible, and you have a decent CRS Score, I would recommend visiting the Canadian government's website, as well as reading through the threads on this forum (especially sticky threads) to learn more about the Express Entry programme and how to apply. People on this site are always very willing to answer any questions you might have, but there's too much information involved to rely on the members of this forum. The onus will be on you to try and learn as much as you can with the information that is available.

 

[Natygabe]

You do not need to know anyone in Canada in order to be considered for permanent residency (although having immediate family members in Canada can increase your chances of being eligible for consideration).

The general consensus among members of this forum is that illegal residency in and subsequent deportation from the US shouldn't* disqualify you from consideration (*although a criminal record could, so if the deportation was also accompanied by an arrest and/or conviction or something that could negatively impact your boyfriend's criminality assessment, that could be grounds for a refusal).

Note, as well, that you cannot apply for your 'boyfriend' as a member of your family, unless he meets the criteria for being considered a common-law spouse.
---------------------------------------------------------------------------------------------------------------------

If you do not think that anything in your common-law spouse's background would render him criminally inadmissible (keep in mind you'll have to provide police reports to prove this and a full background check will be conducted), then your first step is to find out if you or your spouse are eligible for consideration for Canadian permanent residency, under the Express Entry programme.

Unless you have 1-year of full-time Canadian work experience, you would most likely be trying to apply under the Federal Skilled Workers (FSW) programme.

• Use this webpage here to see if you're eligible under the FSW programme (you need a score of at least 67 out of 100): http://www.cic.gc.ca/english/immigrate/skilled/apply-factors.asp
  
• If you DO have at least 1 year of Canadian work experience, use this webpage to determine if you're eligible under the Canadian Experience Class (CEC) programme: http://www.cic.gc.ca/english/immigrate/cec/apply-who.asp
  
• If you don’t meet eligibility under either FSW or CEC, use this webpage to determine if you’re eligible under the Federal Skilled Trades (FST) programme: http://www.cic.gc.ca/english/resources/tools/perm/econ/fst/processing/criteria.asp

If you are NOT eligible under any of these three programmes, you are unfortunately not eligible to apply for permanent residency through Express Entry (but there may be other ways for you to pursue permanent residency – these additional ways will not be covered here).
-----------------------------------------------------------------------------------------------------------------------------

If you ARE eligible under one or more of these three programmes, please note that this does NOT guarantee you will receive an Invitation to Apply (ITA) for permanent residency. Your likelihood of receiving an Invitation to Apply is dependent on your Comprehensive Ranking System (CRS) Score.

The CRS Score is what IRCC uses to determine which candidates will get an Invitation to Apply (ITA) for permanent residency. The general consensus is that, at least at the time of writing this, you need a CRS score of at least 435 to have a chance at getting an ITA; but please note that this could easily change in the future.

• Use this tool to calculate your projected CRS Score: http://www.cic.gc.ca/english/immigrate/skilled/crs-tool.asp

-------------------------------------------------------------------------------------------------------------------------------
If you are eligible, and you have a decent CRS Score, I would recommend visiting the Canadian government's website, as well as reading through the threads on this forum (especially sticky threads) to learn more about the Express Entry programme and how to apply. People on this site are always very willing to answer any questions you might have, but there's too much information involved to rely on the members of this forum. The onus will be on you to try and learn as much as you can with the information that is available.

Thnak you so much..

 

[Natygabe]

Thnak you so much..

What if there was 1 misdemeanor and 1 felony involved dating back to 1995 would that be an automatic disqualification?

 

[Natygabe]

Thnak you so much..

You do not need to know anyone in Canada in order to be considered for permanent residency (although having immediate family members in Canada can increase your chances of being eligible for consideration).

The general consensus among members of this forum is that illegal residency in and subsequent deportation from the US shouldn't* disqualify you from consideration (*although a criminal record could, so if the deportation was also accompanied by an arrest and/or conviction or something that could negatively impact your boyfriend's criminality assessment, that could be grounds for a refusal).

Note, as well, that you cannot apply for your 'boyfriend' as a member of your family, unless he meets the criteria for being considered a common-law spouse.
---------------------------------------------------------------------------------------------------------------------

If you do not think that anything in your common-law spouse's background would render him criminally inadmissible (keep in mind you'll have to provide police reports to prove this and a full background check will be conducted), then your first step is to find out if you or your spouse are eligible for consideration for Canadian permanent residency, under the Express Entry programme.

Unless you have 1-year of full-time Canadian work experience, you would most likely be trying to apply under the Federal Skilled Workers (FSW) programme.

• Use this webpage here to see if you're eligible under the FSW programme (you need a score of at least 67 out of 100): http://www.cic.gc.ca/english/immigrate/skilled/apply-factors.asp
  
• If you DO have at least 1 year of Canadian work experience, use this webpage to determine if you're eligible under the Canadian Experience Class (CEC) programme: http://www.cic.gc.ca/english/immigrate/cec/apply-who.asp
  
• If you don’t meet eligibility under either FSW or CEC, use this webpage to determine if you’re eligible under the Federal Skilled Trades (FST) programme: http://www.cic.gc.ca/english/resources/tools/perm/econ/fst/processing/criteria.asp

If you are NOT eligible under any of these three programmes, you are unfortunately not eligible to apply for permanent residency through Express Entry (but there may be other ways for you to pursue permanent residency – these additional ways will not be covered here).
-----------------------------------------------------------------------------------------------------------------------------

If you ARE eligible under one or more of these three programmes, please note that this does NOT guarantee you will receive an Invitation to Apply (ITA) for permanent residency. Your likelihood of receiving an Invitation to Apply is dependent on your Comprehensive Ranking System (CRS) Score.

The CRS Score is what IRCC uses to determine which candidates will get an Invitation to Apply (ITA) for permanent residency. The general consensus is that, at least at the time of writing this, you need a CRS score of at least 435 to have a chance at getting an ITA; but please note that this could easily change in the future.

• Use this tool to calculate your projected CRS Score: http://www.cic.gc.ca/english/immigrate/skilled/crs-tool.asp

-------------------------------------------------------------------------------------------------------------------------------
If you are eligible, and you have a decent CRS Score, I would recommend visiting the Canadian government's website, as well as reading through the threads on this forum (especially sticky threads) to learn more about the Express Entry programme and how to apply. People on this site are always very willing to answer any questions you might have, but there's too much information involved to rely on the members of this forum. The onus will be on you to try and learn as much as you can with the information that is available.

What if there was 1 misdemeanor and 1 felony involved dating back to 1995 would that be an automatic disqualification?

 

[scylla]

What if there was 1 misdemeanor and 1 felony involved dating back to 1995 would that be an automatic disqualification?

Yes - that certainly makes a difference. This would make him inadmissible to Canada (meaning he cannot currently enter Canada). He will need to apply for rehabilitation to be admitted into Canada. Rehabilitation can take quite a bit of time to process (anywhere from a few months to well over a year) and whether he's approved will depend on the nature of his felony. More information about rehabilitation here:

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5312-rehabilitation-persons-inadmissible-canada-past-criminal-activity.html

 

[crescent_jam]

What if there was 1 misdemeanor and 1 felony involved dating back to 1995 would that be an automatic disqualification?

Unfortunately, that I wouldn't know - you might be able to read up more about criminal inadmissibility at www.Canada.ca (https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility/overcome-criminal-convictions.html) , or you might need to consult an immigration lawyer...

 

[Natygabe]

Yes - that certainly makes a difference. This would make him inadmissible to Canada (meaning he cannot currently enter Canada). He will need to apply for rehabilitation to be admitted into Canada. Rehabilitation can take quite a bit of time to process (anywhere from a few months to well over a year) and whether he's approved will depend on the nature of his felony. More information about rehabilitation here:

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5312-rehabilitation-persons-inadmissible-canada-past-criminal-activity.html

It became a felony because the guy was beat up pretty bad.. since he has not gotten into any trouble since 1995 (which was when the fight happened) would that be taken into consideration or no?

 

[lampbreaker]

It is better to check if he is qualified under CEC, FSW or FST program. If not, the criminal record will not matter. Also, if he is not scoring more than 430 or so on the CRS, there is not much hope of getting invited to apply.

 

[Natygabe]

It is better to check if he is qualified under CEC, FSW or FST program. If not, the criminal record will not matter. Also, if he is not scoring more than 430 or so on the CRS, there is not much hope of getting invited to apply.

Im looking into getting an attorney for this.. does anyone know anyone that would be able to help us..

 

[Natygabe]

It is better to check if he is qualified under CEC, FSW or FST program. If not, the criminal record will not matter. Also, if he is not scoring more than 430 or so on the CRS, there is not much hope of getting invited to apply.

Are these tests he has to take? If so what are they on?

 

[scylla]

Im looking into getting an attorney for this.. does anyone know anyone that would be able to help us..

An attorney can help you to complete the paperwork - but using an attorney won't make the criminal issues go away or reduce them - you still need to deal with them in the application.

 

[scylla]

Are these tests he has to take? If so what are they on?

If he's the primary applicant, he'll need to complete an authorized English or French language test and achieve a minimum score. If you're the primary applicant - you will have to do this.

Whether you can qualify as a family will depend on things like the level of education you and your boyfriend have, what kind of work experience (i.e. in what occupations) and how many years - you'll also need to show that you have enough funds in your bank account to settle in Canada. For a family of six, this is around $30K in Canadian dollars.

 

[Natygabe]

If he's the primary applicant, he'll need to complete an authorized English or French language test and achieve a minimum score. If you're the primary applicant - you will have to do this.

Whether you can qualify as a family will depend on things like the level of education you and your boyfriend have, what kind of work experience (i.e. in what occupations) and how many years - you'll also need to show that you have enough funds in your bank account to settle in Canada. For a family of six, this is around $30K in Canadian dollars.

After all that has been said is there a possible way that he can enter Canada.. is there a possibility for him..

 

[scylla]

If he qualifies to apply for PR and has enough points to be selected, this rehabilitation application is approved, and his PR application is approved - then yes, he would be able to enter Canada. However until all of this happens - he won't be able to enter.