If my husband was deported from us can he come to Canara
- Thread starter Rizzdawg7
- Start date
Was he convicted in US? Did he serve any prison time in US on those drug charges?
Your husband may need to get Criminal Rehablitation to be able to enter Canada.
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5312-rehabilitation-persons-inadmissible-canada-past-criminal-activity.html
Your husband may need to get Criminal Rehablitation to be able to enter Canada.
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5312-rehabilitation-persons-inadmissible-canada-past-criminal-activity.html
He will need to apply for rehabilitation before you can consider sponsoring him for PR. If it's been five years since he completed his sentence, then he qualifies for rehabilitation. Note that rehabilitation applications can take anywhere from a few months to well over a year to process. Also, approval is not guaranteed and depends on the seriousness of the charges and to what extend the applicant can demonstrate they are rehabilitated.
He was sentenced to 22 years but released early before completing the full sentence. I would imagine that the 5 year count for rehabilitation would start from the completion of the actual sentence of 22 years, not the early release date. Thoughts?
Yes, generally speaking, but there has to be some equating with the Canadian Criminal Code for the sentencing limits here compared to where the act was committed.
22 years is a very serious sentence and as people are often paroled much earlier for deportation, the officer will have to compare statutes, look at the actual sentence(s) and the circumstances of the parole, and perhaps other items like a police clearance certificate from where he currently lives. Sometimes orders of restitution could impact a decision.
Serious criminality equals a serious criminal - has he rehabilitated himself? It will be a very lengthy and possibly expensive process to make that determination. Since you decided to marry it absolutely must be that you entertained the idea that you will have to leave Canada in order to actually be together. He may also (eventually) be called upon to demonstrate his source of income since his removal from the USA for obvious reasons.
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5312-rehabilitation-persons-inadmissible-canada-past-criminal-activity.html#5312E4
People entertaining this process need to either read up or lawyer up$.
