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Inadmissibility

Son’s Conviction

Q. I applied for permanent residency from within Canada, and my teenager son was part of my application. We were found to be inadmissible, because my son had a conviction for “theft under $5000”. We were devastated, as we made Canada our home, all our relatives are here, we bought assets here, etc. We applied for and were granted leave at the Federal Court of Canada. At the judicial review in Court, our case was sent back to the visa office for re-determination. Meanwhile, our son was sent back home, to our country of origin, because of his conviction.
At the re-determination, our case was refused again. I applied again for leave and I was told that my file will be sent back for re-determination, on a priority basis. How long does it take for re-determination and how can my son return to Canada?

A. There is no set time period for a re-determination as it depends on the number of applications, staff at the respective visa office, priority of the case, etc. But, I would assume it will take a couple of months to have your case re-assessed, analyzed and re-determined. I assume that your son is still dependent on you (financially – in school), and therefore, you most likely will have to request a TRP (temporary resident permit), including your son in the application as well. After a certain period of time after his sentence is completed, he may apply for a pardon of his conviction in Canada. It is not an easy or fast procedure. Once the pardon is granted and his record is clean, you then have to apply for permanent residency. Until then, you will all be inadmissible and require TRPs to remain in Canada. As your case is not simple, I would suggest that you seek the advice of a counsel.

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