*WANTING TO BRING COMMON LAW PARTNER AND A BORN ABROAD BABY BACK HOME*

[kmar90]

hi everyone, im fairly new to this and im seeking out helpful advice on what i can do with my situation.
Im a canadian citizen currently living in mexico with my partner, as well as with my 2 year old daughter (who is not my partners biological daughter).He was deported in october 2012 , so we have been here for 3 months now. I was 6 months pregnant with his child when we left canada and have just givin birth to our beautiful son last week. I know that by going to the canadian embassy in mexico city I will be able to apply for our childs citizenship as he is canadian through me even though he was born here in mexico. The problem is my partner. He was given a DUI back in november 2011 and he paid for his fees a year later, we were told that if he wanted to get back into canada he would have to wait a minimum of 3 years (its been 2 years already) and would probably have to ask for a pardon. What I would like to know is if I would be able to apply for a family sponorship and be able to bring him back to canada or would he have to ask for a pardon and then have to fill out a family sponorship application? OR what is the BEST and most guarenteed way that we could ALL come back together. This is an urgent matter due to already having to wait 6-12 months for my sons canadian citizenship papers.
I forgot to mention that we were both in previous marriages, I have already started my divorce application while we were still in canada but he wasnt able to. How BIG does this affect this?

 

[scylla]

It's actually 5 years (not three years) that he has to wait before he can return to Canada. It's quite possible he will have to remain outside of Canada for the full five years. At this point it would be wise to consult with a qualified immigration attorney to explore your options. You can also read more below:

http://www.cic.gc.ca/english/information/inadmissibility/conviction.asp

Since he was deported, he will also need an ARC to return to Canada. The ARC will be processed as part of the sponsorship application. You can read more about ARCs here:

http://www.cic.gc.ca/english/information/inadmissibility/arc.asp

You have a complicated case since you are dealing with both the DUI and the ARC. Again, I think consulting with a lawyer would be a very good idea.

 

[computergeek]

hi everyone, im fairly new to this and im seeking out helpful advice on what i can do with my situation.
Im a canadian citizen currently living in mexico with my partner, as well as with my 2 year old daughter (who is not my partners biological daughter).He was deported in october 2012 , so we have been here for 3 months now. I was 6 months pregnant with his child when we left canada and have just givin birth to our beautiful son last week. I know that by going to the canadian embassy in mexico city I will be able to apply for our childs citizenship as he is canadian through me even though he was born here in mexico. The problem is my partner. He was given a DUI back in november 2011 and he paid for his fees a year later, we were told that if he wanted to get back into canada he would have to wait a minimum of 3 years (its been 2 years already) and would probably have to ask for a pardon. What I would like to know is if I would be able to apply for a family sponorship and be able to bring him back to canada or would he have to ask for a pardon and then have to fill out a family sponorship application? OR what is the BEST and most guarenteed way that we could ALL come back together. This is an urgent matter due to already having to wait 6-12 months for my sons canadian citizenship papers.
I forgot to mention that we were both in previous marriages, I have already started my divorce application while we were still in canada but he wasnt able to. How BIG does this affect this?

The DUI is a major issue issue. He's not eligible for rehabilitation and thus the only option would be to request a Temporary Resident Permit (TRP) along with the PR application. That requires making a strong case for why he should be allowed to enter Canada even though he is criminally inadmissible.

There are attorneys that specialize in DUI issues and TRPs. I'd strongly suggest that you talk to them. Perhaps someone on the forum has experience with obtaining a TRP to overcome criminal inadmissibility, but I haven't read such a case on here (searching through the archives might be a good idea though.)

As scylla notes, he'd also need an ARC - that adds about 12 months onto the process. You are looking at a multi-year application process, unfortunately.

 

[kmar90]

scylla - sorry he wasnt actually deported. he left on voluntary leave they just gave him the date on which he had to leave since he had submitted into his applcation that he would leave voluntarily.

 

[computergeek]

scylla - sorry he wasnt actually deported. he left on voluntary leave they just gave him the date on which he had to leave since he had submitted into his applcation that he would leave voluntarily.

That's good. Then he fulfilled the requirements of the departure order.

That means he only needs to deal with the DUI.

 

[kmar90]

how long are we looking at for that to process?

 

[scylla]

You're still facing the DUI which means your partner is inadmissible to Canada for five years since his offence. As comptergeek explained, you can try applying for a TRP (temporary resident permit) to see if he can be allowed back into Canada earlier. However there's absolutely no guarantee the TRP will be approved and given the complexity of your case DUI + departure order you should really be working with a lawyer.