5 year exclusion

[Missmiserable2022]

hi everyone

My common law partner was taken in by immigration for serious criminality in Barbados.
At his inadmissibility hearing he was given a positive decision regarding the criminality but he was given a five year exclusion for misrepresentation.
Cbsa didn’t appeal the decision. His Ppra cane back negative and our JR of the Prra was negative. We tried to obtain a stay based on the best interests of my 5 year old child but he was removed on nov 21st 2017. We have a pending H and C application that was sent in October 2017.
Can he apply for an ARC. He can’t get a pardon in Barbados and he finished serving his sentence in Nov 2015.
Is there anything else we can do? Will spousal sponsorship with an ARC work for us.

Thanks in advance

 

[scylla]

hi everyone

My common law partner was taken in by immigration for serious criminality in Barbados.
At his inadmissibility hearing he was given a positive decision regarding the criminality but he was given a five year exclusion for misrepresentation.
Cbsa didn’t appeal the decision. His Ppra cane back negative and our JR of the Prra was negative. We tried to obtain a stay based on the best interests of my 5 year old child but he was removed on nov 21st 2017. We have a pending H and C application that was sent in October 2017.
Can he apply for an ARC. He can’t get a pardon in Barbados and he finished serving his sentence in Nov 2015.
Is there anything else we can do? Will spousal sponsorship with an ARC work for us.

Thanks in advance

If he has a criminality issue - then he not only needs an ARC but also need to apply for rehabilitation before he can return to Canada. Rehab is the bigger deal since he cannot apply until five years have passed since he finished serving his sentence. So that means he cannot apply for rehab until November 2020.

Spousal sponsorship can't be processed without rehab being approved first.

 

[scylla]

Sorry - I missed the misrepresentation bit. When was he given the misrep finding? If he was charged with misrep then he needs to wait five years before he can apply for spousal sponsorship or anything else to come to Canada. An ARC overcomes a deportation but it does not overcome misrep.

He has a lot going on - recommend you start working with an excellent immigration lawyer if you aren't already. Of course there's really nothing you can apply for until the 5 year misrepresentation ban is completed.

 

[Missmiserable2022]

If he has a criminality issue - then he not only needs an ARC but also need to apply for rehabilitation before he can return to Canada. Rehab is the bigger deal since he cannot apply until five years have passed since he finished serving his sentence. So that means he cannot apply for rehab until November 2020.

Spousal sponsorship can't be processed without rehab being approved first.

At the inadmissibility hearing he wasn’t found guilty of serious criminality though and it wasn’t appealed by cbsa

 

[Missmiserable2022]

If we attached the judges decision would it even help

 

[scylla]

If we attached the judges decision would it even help

I'm not sure I understand this question. If he was given a five year misrepresentation ban then he cannot enter Canada for any reason for those five years (this includes spousal sponsorship). Canada won't be an option until the five years have passed.

 

[Missmiserable2022]

I'm not sure I understand this question. If he was given a five year misrepresentation ban then he cannot enter Canada for any reason for those five years (this includes spousal sponsorship). Canada won't be an option until the five years have passed.

Sorry I mean since he wasn’t found to be criminally inadmissible although he does have a record. Ten years has passed since the conviction but he wasn’t released until nov 2015. Does this mean our h and c is void? Do we have appeal options based on my child’s best interests not being considered before removal? We have concrete proof that my child has been negatively effected by his removal

 

[scylla]

Sorry I mean since he wasn’t found to be criminally inadmissible although he does have a record. Ten years has passed since the conviction but he wasn’t released until nov 2015. Does this mean our h and c is void? Do we have appeal options based on my child’s best interests not being considered before removal? We have concrete proof that my child has been negatively effected by his removal

The H&C application will continue to be processed. However since he has a misrepresentation finding and is outside of Canada, I don't see how he will be able to return until the five year ban has passed. There's no way to waive the ban.

For rehabilitation, what matters is when he completed the sentence - not when the crime occurred. A person qualifies to apply for rehab once five years have passed from the date the sentence was completed.

Again, your case is extremely complicated. I would recommend you hire a very experienced lawyer. All of us on this forum are just normal people like you.