Need help understanding my situation

[Bigk416]

I have a few questions about where and how i start the process of being able to visit canada again, there is a lot of confusion for me because my history with canada isn’t simple and I’d like to start by giving you some background information on it.



In 2003 me and my family came to Canada from Israel and my father decided to start refugee program. In 2006 we got denied refugee and my father decided that we are going to stay in Canada illegally, as an 11 year old child I obviously didn’t have a choice in that. My parents separated and my father moved out in January 2010, in August me my sister and mom were caught and deported from Canada but my father stayed cause he wasn’t living with us. He got married shortly after to a Canadian citizen and was caught and deported back to Israel too(2013). He started to do his family sponsorship as soon as he could and I was with him in that process. The first time we finished the process it seemed like everything went fine but last minute when we we’re supposed to get our passports with the visa they said an Ottawa immigration officer made a mistake somewhere along the process and ultimately we we’re both denied the eTA. Immediately we started the process again but shortly after I stopped talking to my talk and he finished the process alone and now lives in Canada with his wife. Since then I’ve been to prison for a term of 10.5 months for assault, possession of marijuana. I finished my sentence on 16.03.2016 and since then i have had zero problems with the law and have just been working. I understand that my history is with Canada and the prison is problematic, but I would want to know where i stand with all of this, where i can begin to try and what my chances actually are. Appreciate the opportunity to even ask, and thank you in advance.

 

[scylla]

I have a few questions about where and how i start the process of being able to visit canada again, there is a lot of confusion for me because my history with canada isn’t simple and I’d like to start by giving you some background information on it.



In 2003 me and my family came to Canada from Israel and my father decided to start refugee program. In 2006 we got denied refugee and my father decided that we are going to stay in Canada illegally, as an 11 year old child I obviously didn’t have a choice in that. My parents separated and my father moved out in January 2010, in August me my sister and mom were caught and deported from Canada but my father stayed cause he wasn’t living with us. He got married shortly after to a Canadian citizen and was caught and deported back to Israel too(2013). He started to do his family sponsorship as soon as he could and I was with him in that process. The first time we finished the process it seemed like everything went fine but last minute when we we’re supposed to get our passports with the visa they said an Ottawa immigration officer made a mistake somewhere along the process and ultimately we we’re both denied the eTA. Immediately we started the process again but shortly after I stopped talking to my talk and he finished the process alone and now lives in Canada with his wife. Since then I’ve been to prison for a term of 10.5 months for assault, possession of marijuana. I finished my sentence on 16.03.2016 and since then i have had zero problems with the law and have just been working. I understand that my history is with Canada and the prison is problematic, but I would want to know where i stand with all of this, where i can begin to try and what my chances actually are. Appreciate the opportunity to even ask, and thank you in advance.

You are right. Your history is complicated and the chances of an eTA approved will likely be low. There are a number of hoops you are going to need to jump through if you even want to try to apply.

These are the issues you need to overcome:
- Because you have a failed refugee claim and were deported, you will need an ARC to be allowed to return to Canada. This includes paying additional processing fees and also repaying the costs of the flight that was used to deport you.
- Additionally, you are currently inadmissible to Canada due to your criminal record. Consequently, you also need to apply for rehabilitation and would need to wait for the rehabilitation application to be reviewed and approved before visiting Canada may be possible.
- The fact you have a failed refugee claim, lived in Canada without status for years and were deported, and have a criminal record means that overall, the chances of being allowed to visit Canada are likely low. But you are free to try of course.

 

[scylla]

I have a few questions about where and how i start the process of being able to visit canada again, there is a lot of confusion for me because my history with canada isn’t simple and I’d like to start by giving you some background information on it.



In 2003 me and my family came to Canada from Israel and my father decided to start refugee program. In 2006 we got denied refugee and my father decided that we are going to stay in Canada illegally, as an 11 year old child I obviously didn’t have a choice in that. My parents separated and my father moved out in January 2010, in August me my sister and mom were caught and deported from Canada but my father stayed cause he wasn’t living with us. He got married shortly after to a Canadian citizen and was caught and deported back to Israel too(2013). He started to do his family sponsorship as soon as he could and I was with him in that process. The first time we finished the process it seemed like everything went fine but last minute when we we’re supposed to get our passports with the visa they said an Ottawa immigration officer made a mistake somewhere along the process and ultimately we we’re both denied the eTA. Immediately we started the process again but shortly after I stopped talking to my talk and he finished the process alone and now lives in Canada with his wife. Since then I’ve been to prison for a term of 10.5 months for assault, possession of marijuana. I finished my sentence on 16.03.2016 and since then i have had zero problems with the law and have just been working. I understand that my history is with Canada and the prison is problematic, but I would want to know where i stand with all of this, where i can begin to try and what my chances actually are. Appreciate the opportunity to even ask, and thank you in advance.

If you want to try, I would recommend starting by applying for rehabilitation. Be prepared for this application to take several months to over a year to process. Link here: https://www.canada.ca/en/immigratio...n-inadmissible-persons-criminal-activity.html

 

[Bigk416]

Thank you very much you’re response is much appreciated. I’d like to add that I’ve already paid for my ticket back after being deported while doing the process with my father the first time it was a fee of $1500. I would also like to ask, does me being a child and not having a say in the refugee status claim and living there illegally make any difference? Because my father, whose choice this was in the first place, did overcome everything and is now living there. I understand that he needed to get married to do so, but it does not change the fact that he is responsible for all those choices. ( we do not speak to each other today )

I always understood that going back to Canada would be a big problem even before I had my criminal history and in a way I’ve given up on it along time ago. The only reason I’m even interested in going through any of these processes is because when I lived in Canada, I dated this girl until I got deported. And for the past 13 years that I haven’t lived there, we’ve always been in touch there’s certain people you just can’t let go. In the past year we went on vacation together a few times and we both have strong feelings towards each other, obviously the only thing stopping us from being together is the distance between us. I’m 28 and I’ve known her for 17 years of my life. And I’m not trying to make this sound like some fairytale but I love her very very much and we’ve spoken about being together and what options there are, and realizing how difficult emotionally it would be for her to leave her family and everything that she has there to move where I live and be with me. So the only reason I would even consider doing any of this is so that I can make things easier on her because I can live without Canada but I’m pretty sure I can’t live without her. So me going through all these processes, and having all these questions is ultimately the result of me just wanting to know that if we do decide to get married and be together, who would have to move where. As a man, I would obviously like to choose the path that is least difficult for her and it would obviously be staying in Canada and me moving there. So having an answer, whether that’s even possible or not, would make the road ahead of us a lot clearer of what to do what’s possible, and if there even is a future together.

 

[scylla]

Thank you very much you’re response is much appreciated. I’d like to add that I’ve already paid for my ticket back after being deported while doing the process with my father the first time it was a fee of $1500. I would also like to ask, does me being a child and not having a say in the refugee status claim and living there illegally make any difference? Because my father, whose choice this was in the first place, did overcome everything and is now living there. I understand that he needed to get married to do so, but it does not change the fact that he is responsible for all those choices. ( we do not speak to each other today )

I always understood that going back to Canada would be a big problem even before I had my criminal history and in a way I’ve given up on it along time ago. The only reason I’m even interested in going through any of these processes is because when I lived in Canada, I dated this girl until I got deported. And for the past 13 years that I haven’t lived there, we’ve always been in touch there’s certain people you just can’t let go. In the past year we went on vacation together a few times and we both have strong feelings towards each other, obviously the only thing stopping us from being together is the distance between us. I’m 28 and I’ve known her for 17 years of my life. And I’m not trying to make this sound like some fairytale but I love her very very much and we’ve spoken about being together and what options there are, and realizing how difficult emotionally it would be for her to leave her family and everything that she has there to move where I live and be with me. So the only reason I would even consider doing any of this is so that I can make things easier on her because I can live without Canada but I’m pretty sure I can’t live without her. So me going through all these processes, and having all these questions is ultimately the result of me just wanting to know that if we do decide to get married and be together, who would have to move where. As a man, I would obviously like to choose the path that is least difficult for her and it would obviously be staying in Canada and me moving there. So having an answer, whether that’s even possible or not, would make the road ahead of us a lot clearer of what to do what’s possible, and if there even is a future together.

It's good to hear that you already repaid the flight. In that case it sounds like you've likely already gone through the ARC process as part of your father's application. That's one step in the right direction.

Next you need to address the fact that you are criminally inadmissible to Canada. Right now you are not allowed to enter Canada due to your criminal record. As a next step, you need to apply for rehabilitation using the link I've provided above. Processing for rehab applications can take some time so suggest you submit the application soon. None of us can tell you what the outcome of that application will be. However this is the next step you need to take if you are in fact serious about being allowed to return to Canada.

 

[Bigk416]

Understood, thank you very mych