How to get authorization to return to Canada?
September 4, 2013 4:08 PM Subscribe
When we last left off, my spouse was denied entry to Canada due to criminal inadmissibility. Since then, my spouse got paperwork from CA to prove that his record was expunged and that he does not have a felony background.
Now that he has this paperwork:
Now that he has this paperwork:
- What is the best/quickest way to get authorization to return to Canada?
- What is the best/quickest way to get a work permit? He has an LMO with an expiry date of 2013-08-16. The LMO doc has, "... will immediately inform Service Canada of any subsequent changes related to the foreign workers' terms and Conditions of employment, as described in the positive Labour Market Opinion letter and annex." Can the employeer extend the expiry date?
- How can he be assured that the next time he attempts to enter Canada that he will not be detained? The last time they denied entry they told him that if he attempted to enter without everything in order he may be detained.
- Can he walk into the visa office in NY or LA office with his documents and talk to an immigration officer to get this resolved?
Response by poster: We live in Chicago and he's already visited the Chicago consulate. They are not equipped to help.
There are two consulates that handle this type of stuff. One is in New York, one is in Los Angeles. He's wondering if he should fly to New York and show up in the office to talk to an immigration officer.
posted by bleary at 4:30 PM on September 4, 2013
There are two consulates that handle this type of stuff. One is in New York, one is in Los Angeles. He's wondering if he should fly to New York and show up in the office to talk to an immigration officer.
posted by bleary at 4:30 PM on September 4, 2013
You could contact the visa offices, but be warned that the visa officers are currently striking and I'm not sure there is walk-in service available anymore. Definitely don't fly in without prior assurance that they can help. A better option might be calling the CBSA and asking to speak to a port-of-entry supervisor or officer. Finally, this is absolutely the type of thing immigration lawyers do, but there are good and bad immigration lawyers out there.
The employer may or may not be able to extend the LMO without re-advertising and re-applying, especially in light of the recent changes in the LMO recruiting requirements (they are much more stringent now). It would depend on the occupation and which province he's in, as well as how much goodwill or discretion the Service Canada officers have. But he can't get a work permit without the valid LMO, unless he qualifies under an LMO exemption that your previous immigration lawyer missed.
posted by keep it under cover at 4:46 PM on September 4, 2013
The employer may or may not be able to extend the LMO without re-advertising and re-applying, especially in light of the recent changes in the LMO recruiting requirements (they are much more stringent now). It would depend on the occupation and which province he's in, as well as how much goodwill or discretion the Service Canada officers have. But he can't get a work permit without the valid LMO, unless he qualifies under an LMO exemption that your previous immigration lawyer missed.
posted by keep it under cover at 4:46 PM on September 4, 2013
I used to work for CIC and the CBSA.
Your husband needs to be deemed rehabilitated* Because you live in the US, the process is to ask to be assessed at a Canadian port of entry.
Basically, go through the self-assessment at the bottom of the link to make sure he qualifies for deemed rehabilitation (which based on the description of the crime, he should qualify).
Bring all the documents that are mentioned in the link to the Canadian border and when he is being examined by the CBSA he tells the officer "I actually have an old crime on record and would like to be assessed for deemed rehabilitation".
It is a straightforward process as long as you have all the necessary documents in order.
You can do this on the day you intend to travel to Canada - a separate trip is not required. So you should be able to enter Canada before the LMO expires.
*Unless your husband has previously been removed from Canada, he does NOT need to be "authorized for return to Canada" which is another process entirely
posted by kitkatcathy at 4:53 PM on September 4, 2013 [5 favorites]
Your husband needs to be deemed rehabilitated* Because you live in the US, the process is to ask to be assessed at a Canadian port of entry.
Basically, go through the self-assessment at the bottom of the link to make sure he qualifies for deemed rehabilitation (which based on the description of the crime, he should qualify).
Bring all the documents that are mentioned in the link to the Canadian border and when he is being examined by the CBSA he tells the officer "I actually have an old crime on record and would like to be assessed for deemed rehabilitation".
It is a straightforward process as long as you have all the necessary documents in order.
You can do this on the day you intend to travel to Canada - a separate trip is not required. So you should be able to enter Canada before the LMO expires.
*Unless your husband has previously been removed from Canada, he does NOT need to be "authorized for return to Canada" which is another process entirely
posted by kitkatcathy at 4:53 PM on September 4, 2013 [5 favorites]
Just realized that link explains the process but does not actually define deemed rehabilitation. Basically deemed rehabilitation means that enough time has passed since the crime was committed/ your conviction that you are considered absolved of your crime.
To be considered for deemed rehabilitation depends on:
- the crime
- if the required amount of time has passed since you completed the sentence imposed for your crime.
- whether you have committed more than one crime.
- In all cases, you may only be deemed rehabilitated if the crime would be punishable in Canada by a maximum prison term of less than 10 years.
posted by kitkatcathy at 5:09 PM on September 4, 2013
To be considered for deemed rehabilitation depends on:
- the crime
- if the required amount of time has passed since you completed the sentence imposed for your crime.
- whether you have committed more than one crime.
- In all cases, you may only be deemed rehabilitated if the crime would be punishable in Canada by a maximum prison term of less than 10 years.
posted by kitkatcathy at 5:09 PM on September 4, 2013
Excellent advice, kitkatkathy, but it sounds like his LMO is already expired. I suggest getting in contact with the Service to the Public division at the NYC visa office regarding this (management is still there so you should be ok to contact them).
If they can't sort it out for you, call whatever office deals with immigration in the destination province and see if you can't get back in as a Provincial Nominee. Depending on your profession, you could be LMO exempt.
posted by gohabsgo at 10:17 AM on September 5, 2013
If they can't sort it out for you, call whatever office deals with immigration in the destination province and see if you can't get back in as a Provincial Nominee. Depending on your profession, you could be LMO exempt.
posted by gohabsgo at 10:17 AM on September 5, 2013
This thread is closed to new comments.
That said, why not contact one of the consulates here in the United States and ask them what needs to be done. Surely your boyfriend is not the first American with an expunged arrest record to seek entry into Canada.
posted by dfriedman at 4:22 PM on September 4, 2013