Returning to Canada after deportation

[sdbrown]

Hi, looking for someone who might be able to give direction on proper application. My brother was deported 26 years ago for criminal activity. He would like to return just not sure if he should apply for ARC, Application for Rehabilitation. He has not been in any trouble since the deportation, he has family ties in Canada (mother) and is now 50 yrs of age. Any help/recommendations would be appreciated.

 

[scylla]

Yes - he needs an ARC if he was deported. Doesn't matter how long ago that was.

I assume he wants to come to Canada as a visitor? If so, he should apply for a TRV and include an ARC application along with it.

 

[scylla]

Ah wait - missed the part about the criminal activity. What was the criminal activity? That might change the answer.

 

[sdbrown]

Ah wait - missed the part about the criminal activity. What was the criminal activity? That might change the answer.

The criminal charge was robbery. Ideally he would like to be in Canada perm is it best to do a TRV first? does it make any difference if he has a Canadian spouse? From what I ready it really doesnt make a difference if he has a spouse still the same process correct?

 

[scylla]

The criminal charge was robbery. Ideally he would like to be in Canada perm is it best to do a TRV first? does it make any difference if he has a Canadian spouse? From what I ready it really doesnt make a difference if he has a spouse still the same process correct?

Yes - he can apply for PR through sponsorship with his Canadian spouse. I would recommend he submit an outland application as soon as he's ready along with the ARC application. Depending on whether he was convicted of the criminal charges, what the penalty was, and how CIC assesses his crime - he may also have to go through the rehabilitation process to be allowed to return to Canada. He needs to make sure he is 100% honest in the PR application about his full immigration history (i.e. deportation) as well as the crimes.

He should be prepared for longer than normal processing times for the spousal sponsorship application given the deportation, requirement for an ARC and possible requirement for a rehab application.

I don't think I would bother with the TRV. Given his history - it will likely be quite challenging to be approved. I would focus on the PR sponsorship application.

 

[sdbrown]

Yes - he can apply for PR through sponsorship with his Canadian spouse. I would recommend he submit an outland application as soon as he's ready along with the ARC application. Depending on whether he was convicted of the criminal charges, what the penalty was, and how CIC assesses his crime - he may also have to go through the rehabilitation process to be allowed to return to Canada. He needs to make sure he is 100% honest in the PR application about his full immigration history (i.e. deportation) as well as the crimes.

He should be prepared for longer than normal processing times for the spousal sponsorship application given the deportation, requirement for an ARC and possible requirement for a rehab application.

I don't think I would bother with the TRV. Given his history - it will likely be quite challenging to be approved. I would focus on the PR sponsorship application.

Thank you so much for your help