I am indmissiable

[vancouver2019]

I am looking for some help please I have recently been inadmissible to Canada for 2 simple assult warrants that I commited in Australia in 2011
I was living in Canada from 2017 to May 2019 and applied for 2 more years on the iec program and got denied because of my Australian police check
I flew home to England and went to Australia 3 months ago and went to court and got $1000 fine which I payed .
I have to wait 4 years 9 months before I can apply for rehabilitation even thou my crimes took place nearly 8 years ago. I have no other convictions I commited 2 stupid drunken crimes at age 22 and now I am 30.
my daughter was born 5 weeks ago in Canada and my girlfriend is also Canadain .does the government give any special visas for indmissiable fathers to help them see there child thanks for any help

 

[k.h.p.]

Not if you're a criminal.

At this point you really need to hire a lawyer. It looks like having your girlfriend and daughter travel to you for the next while is more likely than you getting a TRP despite inadmissibility.

 

[scylla]

I am looking for some help please I have recently been inadmissible to Canada for 2 simple assult warrants that I commited in Australia in 2011
I was living in Canada from 2017 to May 2019 and applied for 2 more years on the iec program and got denied because of my Australian police check
I flew home to England and went to Australia 3 months ago and went to court and got $1000 fine which I payed .
I have to wait 4 years 9 months before I can apply for rehabilitation even thou my crimes took place nearly 8 years ago. I have no other convictions I commited 2 stupid drunken crimes at age 22 and now I am 30.
my daughter was born 5 weeks ago in Canada and my girlfriend is also Canadain .does the government give any special visas for indmissiable fathers to help them see there child thanks for any help

There is no specific visa for inadmissible parents who have Canadian children. The only workaround is a TRP (temporary resident permit) - which is a special visa that allows those who are inadmissible to Canada entry into the country. No guarantee of approval but certainly worth a try. If approved, this would allow you to come to Canada temporarily as a visitor. To be sponsored for permanent residency, you will still have to wait the 4 years, 9 months, - then apply for rehabilitation - and then apply for PR once rehabilitation is approved.

It's a shame you only paid the fine this year. You are right in understanding that the five year clock doesn't start ticking until all penalties / fines related to the crimes are completed / paid.

 

[vancouver2019]

There is no specific visa for inadmissible parents who have Canadian children. The only workaround is a TRP (temporary resident permit) - which is a special visa that allows those who are inadmissible to Canada entry into the country. No guarantee of approval but certainly worth a try. If approved, this would allow you to come to Canada temporarily as a visitor. To be sponsored for permanent residency, you will still have to wait the 4 years, 9 months, - then apply for rehabilitation - and then apply for PR once rehabilitation is approved.

It's a shame you only paid the fine this year. You are right in understanding that the five year clock doesn't start ticking until all penalties / fines related to the crimes are completed / paid.

 

[vancouver2019]

I thought I would have a chance of getting a trp because I lived in Canada for 2 years and and never done anything wronge o payed my tax s aswell . I have a clean record in Canada and the UK it's only austrailia where I messed up I was young 21/22 years old when the crimes took place and I am 30 now. it was my first time leaving home and got in to trouble I got no jail time or probation
I can come and go to austrailia as much as I want
it's hard to believe Canada will not let me see my only child

 

[k.h.p.]

Assault is a serious charge. Canada attempts to protect its citizens and residents from people who commit assault.

Did you declare the assault charges on your earlier visa application?

 

[vancouver2019]

I never knew I had assult charges until I got my Australia police check I did not get a court Letter when I was in Australia I thought I was let off with a minor assult so I did not mention it on the first application

 

[scylla]

I thought I would have a chance of getting a trp because I lived in Canada for 2 years and and never done anything wronge o payed my tax s aswell . I have a clean record in Canada and the UK it's only austrailia where I messed up I was young 21/22 years old when the crimes took place and I am 30 now. it was my first time leaving home and got in to trouble I got no jail time or probation
I can come and go to austrailia as much as I want
it's hard to believe Canada will not let me see my only child

It's really impossible for any of us to say what the chances of approval are. Working for you is the fact that you have been in Canada recently and have a child here. Working against you is the fact that you have two offences. IRCC tends to be more willing to approve TRPs where there is only one offence involved.

In terms of denying you access to your child - Canada is not doing that. Canada is denying you access to the country based on criminality. It just so happens your child is in Canada. You have to appreciate that criminality is taken extremely seriously. Appreciate this was 8 years ago. Again, it's a real shame you didn't know about and complete the penalty that was given to you. If you had, you would have qualified for rehab years ago. Anyway - nothing you can do about that now. Apply for the TRP and hope for the best. TRPs can take anywhere from a few weeks to many months to process - so get the application in as soon as you can. Make sure you include all of the court documents related to your offences, as well as evidence that you paid the outstanding fine this year. You'll also want to include information about the child you have in Canada and request consideration based on this. Good luck.

 

[k.h.p.]

I never knew I had assult charges until I got my Australia police check I did not get a court Letter when I was in Australia I thought I was let off with a minor assult so I did not mention it on the first application

If you knew you had been "let off" on a minor assault, then you misrepresented yourself when you answered "no" to the question "Have you ever committed, been charged with, or convicted of a crime?" even though you didn't know you had been convicted.

@scylla is giving you good advice, but be prepared to have an answer as to why you said you had no criminal history when you knew you did. IRCC may not have demanded you answer that in your most recent application, but they may in the future.

 

[vancouver2019]

thanks for your help guys
I will apply for a trp and hope for the best

I understand Canada has rules and I respect that
I had no idea how serious this was

if I get denied I will have to wait 5 years for rehabilitation

I would like to think in 5 years time I would have a chance with the rehab

 

[scylla]

thanks for your help guys
I will apply for a trp and hope for the best

I understand Canada has rules and I respect that
I had no idea how serious this was

if I get denied I will have to wait 5 years for rehabilitation

I would like to think in 5 years time I would have a chance with the rehab

I see no issues with rehab being approved in 5 years.

Definitely try for the TRP. Good luck again.