My fiance is a citizen of Dominica and was charged with handling stolen goods in 2008 and found guilty (item was a laptop, so assume $500 USD value). He paid the fine and did not do jail time. Is this a charge that would keep him out of Canada and, if so, how long before he would be admissible? (He had one other minor charge in 2003 for throwing a missile (bottle) and did 1 month in jail because he could not pay the fine). What are his chances of getting into Canada and when? If we marry (I am Canadian), will this speed up the process at all? I am in the process of applying for a visitor visa for him, but it may be no use if it will only get rejected with 100% certainty?
How old was your fiance when he was charged and convicted?
It was in 2008 so he would have been 20-21
he would probably have been okay if he were under 18
The thing to do is to get an exact copy of the law that he was convicted under
Once you have that, you will have to compare the Domincan law with the similar provision under the Canadian Criminal code
It's not enough to know the charge? It was "handling stolen goods" which is also a charge in Canada
you need to compare both provisions
From what you have said I suspect that his would be a summary offence
But you have have to be sure
Ok. So if it IS a summary offence, and we get married before the 5 years before he is admissible, does that speed up entry at all?
What you can do is this
You can apply for sponsorship (or whatever it is you plan to do) and ask for criminal inadmissibility to be waived under s. 25 of the IRPA (humanitarian and compassionate grounds)
You can also apply for temporary resident permit
note permit not visa
With, they may let him in before the 5 years
Ok. Is applying for a visitor VISA in the rare chance it might be accepted worth it? Or is it 100% denial, do you think? For right now - until I am able to do sponsorship/permit
If he is inadmissible he cannot get a visa
he will need a temporary resident permit
So do all summary offenses automatically make you inadmissable then? (ie. Don't bother) Or are some ignored?
is it HARMFUL to apply for visitor visa and get denied?
how many convictions does he have, just the one?
I told you about 2 in the original question - one in 2003 for throwing a "missile" (bottle) for which he did a month in jail because he could not pay the fine and this one.
okay so he had two convictions
but the first one was in 2003. Was he about 15 at the time?
Around that age, yes
So that one does not count because he was under the age of 18
So if it is a summary offence, he should be okay since he only has one conviction
if it is an indictable offence, he will have problems
so the best thing to do would be to first compare the Canadian provision with the Domincan one
just to be sure
Ok. But I'm asking if I apply for a Visitor Visa (although likely to get rejected due to criminal record), will it be harmful in ANY way to his future applications for visas/permits/spousal sponsorship, etc
Ie. Does having a rejection due to criminal record negatively affect you if you apply once your record is good again?
if he is inadmissible for visitors, he is also inadmissible for permanent residence
so he would have to overcome his inadmissibility first
The actual rejection is not the problem. It is the actual inadmissibility
Thats not what Im asking. Im asking if I apply TODAY for a visitor visa and its rejected because his offense is less than 5 years old.... And then 3 years down the road, I apply for a permanent residence, will having a visitor visa rejection on file affect FUTURE (once cleared) applications for anything
Ok. Perfect. Thank u for your help
the actual rejection is not the problem The problem is the inadmissibility
so if he is admissible in 3 years, a prior visitors visa rejection is not relevant
for a spousal application
all the best
press accept if it was helpful
Hi - I did accept and I was charged the 39 dollars... I assume if I accepted again, I'd be charged again.
Hello, I will ask customer service to look into this.All the best
Lawyer in Ontario, Canada