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Ex husband traveling to Canada to visit kids but has drug conviction. please help

Ex husband traveling to Canada to visit kids but has drug conviction. please help

Old Apr 3rd 2014, 9:33 am
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Default Ex husband traveling to Canada to visit kids but has drug conviction. please help

Hi all,

My wifes ex husband is planning to come over and visit later this year to come and see his two children. No date set as of yet but looking at the end of August.

He has a conviction from the UK for possession and intent to supply a class A controlled substance (amphetamine) He was sentenced and spent several weeks in jail before being released on tag. This offence was committed over 10 years ago but not more than 12 years ago. He has since committed no further crimes, but we suspect he still uses.

Under guidelines we think he would be inadmissible however due to him coming to see his children could he get a temporary resident visa?

My wife and I have no problem with him coming over and would love the kids to spend time with their father. however knowing that he isn't up to speed with immigration policy (and unlikely to look it up for himself) Could one of you please point us in the right direction as to how he would be allowed into Canada.

Thanks in advance

Chris
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Old Apr 3rd 2014, 9:50 am
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Default Re: Ex husband traveling to Canada to visit kids but has drug conviction. please help

Without seeing his police record and what the conviction was its impossible to give you a 100% answer but I suspect that he might be no longer inadmissible if only one conviction and over 10 years has elapsed.
http://www.cic.gc.ca/english/informa...bility/who.asp

More info needed.
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Old Apr 3rd 2014, 10:23 am
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Default Re: Ex husband traveling to Canada to visit kids but has drug conviction. please help

He has a conviction from the UK for possession and intent to supply a class A controlled substance (amphetamine) He was sentenced and spent several weeks in jail before being released on tag. This offence was committed over 10 years ago but not more than 12 years ago. He has since committed no further crimes, but we suspect he still uses.
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Old Apr 3rd 2014, 10:41 am
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Default Re: Ex husband traveling to Canada to visit kids but has drug conviction. please help

Was he given probation? What was the amount of drugs? What was the literal charge under UK law as this makes a difference.
Amphetamines are a class 1 drug in Canada under the CDSA.
If the charge equates to Trafficking in a substance then this applies
Trafficking in substance

5. (1) No person shall traffic in a substance included in Schedule I, II, III or IV or in any substance represented or held out by that person to be such a substance.
Marginal note:Possession for purpose of trafficking

(2) No person shall, for the purpose of trafficking, possess a substance included in Schedule I, II, III or IV.
Marginal note:Punishment

(3) Every person who contravenes subsection (1) or (2)
(a) subject to paragraph (a.1), if the subject matter of the offence is a substance included in Schedule I or II, is guilty of an indictable offence and liable to imprisonment for life, and

Therefore he is still and will always be inadmissible and has to apply for individual rehabilitation.

If it was just a possession charge then its quite possible he would be deemed rehabilitated if only ONE criminal conviction.
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Old Apr 3rd 2014, 10:51 am
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Default Re: Ex husband traveling to Canada to visit kids but has drug conviction. please help

He was released after 2/3 months then was ankle tagged he was then on licence for around 5 years the amount was just over 1000 ecstasy tablets. he was charged with intent to supply as well as possession
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Old Apr 3rd 2014, 11:02 am
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Default Re: Ex husband traveling to Canada to visit kids but has drug conviction. please help

Originally Posted by Chrisw84
He was released after 2/3 months then was ankle tagged he was then on licence for around 5 years the amount was just over 1000 ecstasy tablets. he was charged with intent to supply as well as possession
Based on that Id say he is inadmissible and needs to apply for individual rehabilitation by using this link
http://www.cic.gc.ca/english/informa...conviction.asp
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Old Apr 3rd 2014, 11:24 am
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Default Re: Ex husband traveling to Canada to visit kids but has drug conviction. please help

Thank you for this useful information we will pass it on
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Old Apr 3rd 2014, 11:56 am
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Default Re: Ex husband traveling to Canada to visit kids but has drug conviction. please help

How does CBSA know that someone has such a conviction?
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Old Apr 4th 2014, 10:47 am
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Default Re: Ex husband traveling to Canada to visit kids but has drug conviction. please help

Originally Posted by bats
How does CBSA know that someone has such a conviction?
They know EVERYTHING.
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Old Apr 4th 2014, 2:11 pm
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Default Re: Ex husband traveling to Canada to visit kids but has drug conviction. please help

Originally Posted by bats
How does CBSA know that someone has such a conviction?
They may not, however if one is not honest and gets found out they can be evicted and never let back in again.
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