Q & A: Deportation and Canada

 

Q: My partner has a deportation order from the US. Can we try to move to Canada with our daughter? Do we have any chance?

A: Moving to Canada with a partner who has a deportation order from the U.S. can be complex, but it may be possible depending on various factors. Here are some key points to consider:

1. Understanding the Deportation Order

• A deportation order from the U.S. means that your partner was ordered to leave the country due to legal reasons. This could complicate the process of moving to Canada, especially if the reasons for deportation involve criminal activity, security concerns, or immigration violations.

2. Canadian Immigration Options

• Family Sponsorship: If you are a Canadian citizen or permanent resident, you may be able to sponsor your partner for immigration to Canada. However, the deportation order could affect their eligibility.
• Express Entry: If your partner qualifies based on their education, work experience, and language proficiency, they might apply for permanent residency through the Express Entry system. However, the deportation record could be a barrier.
• Humanitarian and Compassionate Grounds: In some cases, you might apply for residency based on humanitarian and compassionate grounds, especially if you have a Canadian-born child or strong ties to Canada.

3. Criminal Inadmissibility

• If your partner was deported due to criminal activity, they might be considered inadmissible to Canada. In some cases, it’s possible to overcome this through a Criminal Rehabilitation application, but this process is lengthy and complex.

4. Legal Advice

• Given the complexities involved, it's highly advisable to consult with an immigration lawyer who specializes in Canadian immigration law. They can assess your partner’s specific situation, advise on the best course of action, and help with any necessary legal procedures.

5. Impact on Your Daughter

• Your daughter’s citizenship status (if she is a Canadian citizen or U.S. citizen) may also impact your options. If she is a Canadian citizen, this might strengthen your case. If she is a U.S. citizen, this could raise additional considerations.

6. Timing and Process

• Immigration processes can be time-consuming, and your partner’s deportation history could lead to additional scrutiny. You’ll need to prepare for a potentially lengthy and detailed application process.

7. Travel Restrictions

• Depending on the nature of the deportation order, your partner might face travel restrictions that could complicate entering Canada. It's crucial to check if there are any bans or restrictions that could affect your plans.

While it’s possible to move to Canada, the deportation order presents a significant challenge. Seeking legal advice is essential to understand your specific circumstances and to explore your chances and options.

Source: Some or all of the content was generated using an AI language model