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Vancouver - Visas, Working, Criminal Rehabilitation

Vancouver - Visas, Working, Criminal Rehabilitation

Old Apr 20th 2010, 1:36 am
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Default Vancouver - Visas, Working, Criminal Rehabilitation

Folks

Looking at my options to live in the USA / Canada, and recently Canada has become more of an interest to me and my partner due to particular circumstances we face

Basically it breaks down like this:

1. My partner has a criminal record - stolen goods (without guilty knowledge) and possession of drugs (personal use, less than 30g).

Silly situation. Wrong place, wrong time. Could happen to anyone.

This conviction was from 13 years ago. What are the probabilities of being declared 'rehabilitated' and being granted a canadian visa?

2. I'm a lecturer in music production / audio engineering and also work freelance as a writer of music for film / tv / games etc...I'm looking at work opportunities in the US as well as Canada, and Vancouver particularly appeals due to its proximity of LA (I like the work opportunities over there but I don't particularly want to live there. Also, the fact that my partner is ineligible to enter the US so obviously would prefer Vancouver).

So my question is what are the potential pitfalls of living in Canada and potentially working in some capacity in the USA?

All very exploratory at this stage. I'm sure you guys can appreciated how open ended everything can be when looking at various solutions, so any help or guidance or concrete information would be fantastic!

Many Thanks

C
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Old Apr 20th 2010, 2:33 am
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Default Re: Vancouver - Visas, Working, Criminal Rehabilitation

Hi, and welcome to the forum.

Originally Posted by Composed
1. My partner has a criminal record - stolen goods (without guilty knowledge) and possession of drugs (personal use, less than 30g).

Silly situation. Wrong place, wrong time. Could happen to anyone.

This conviction was from 13 years ago. What are the probabilities of being declared 'rehabilitated' and being granted a canadian visa?
Potentially not a major issue. I believe that as she has two convictions she'll need to apply for criminal rehab (if only one, usually deemed rehabiliated automatically after 10 years, but don't think that applies to her). However, my knowledge on criminal rehab is not great so have a look at the applicable section of the CIC website - http://www.cic.gc.ca/english/informa...ns/rehabil.asp It can take up to a year to obtain, but frequently is quicker than that.

Originally Posted by Composed
So my question is what are the potential pitfalls of living in Canada and potentially working in some capacity in the USA?
There are various pitfalls - firstly, and you are no doubt aware of this, but you'll need the requisite visa to work in the US. Not sure if you being in Canada would cause an issue with that, you'd need to ask the US forums (i.e. do you need to be residing in the US for a visa, or have a US address etc).

Secondly, you have two ways of getting a visa for Canada but there could be issues with having either and working in the US:-

1. To get Permanent Residency before you go - 'vocational instructors' are currently on the list of 38 occupations in demand for a Skilled Worker visa so that is your quickest easiest route to get Permanent Residency (although I should point out that the list of occupations in demand is about to be revised and your occupation is one that many suspect will be removed). However, to maintain your PR status you need to be in Canada for at least 2 years out of every 5, so if you were doing long stints working in the US (or even just Mon-Fri every week), you'd be unlikely to be in Canada for enough time to keep that status.

2. And the other visa you could get is a Temporary Work Permit - but for that you're tied to one employer, and obviously it would have to be a Canadian one, as it's a Canadian visa!

Hope that the above helps a bit, best of luck with it all.
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Old Apr 20th 2010, 3:12 am
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Default Re: Vancouver - Visas, Working, Criminal Rehabilitation

Originally Posted by christmasoompa
Hi, and welcome to the forum.



Potentially not a major issue. I believe that as she has two convictions she'll need to apply for criminal rehab (if only one, usually deemed rehabiliated automatically after 10 years, but don't think that applies to her). However, my knowledge on criminal rehab is not great so have a look at the applicable section of the CIC website - http://www.cic.gc.ca/english/informa...ns/rehabil.asp It can take up to a year to obtain, but frequently is quicker than that.



There are various pitfalls - firstly, and you are no doubt aware of this, but you'll need the requisite visa to work in the US. Not sure if you being in Canada would cause an issue with that, you'd need to ask the US forums (i.e. do you need to be residing in the US for a visa, or have a US address etc).

Secondly, you have two ways of getting a visa for Canada but there could be issues with having either and working in the US:-

1. To get Permanent Residency before you go - 'vocational instructors' are currently on the list of 38 occupations in demand for a Skilled Worker visa so that is your quickest easiest route to get Permanent Residency (although I should point out that the list of occupations in demand is about to be revised and your occupation is one that many suspect will be removed). However, to maintain your PR status you need to be in Canada for at least 2 years out of every 5, so if you were doing long stints working in the US (or even just Mon-Fri every week), you'd be unlikely to be in Canada for enough time to keep that status.

2. And the other visa you could get is a Temporary Work Permit - but for that you're tied to one employer, and obviously it would have to be a Canadian one, as it's a Canadian visa!

Hope that the above helps a bit, best of luck with it all.
Thanks for the quick reply!

I suspect I'll be able to work as a consultant for clients outside of the USA and pay taxes in Canada - but you're right I'll check it up with the US forums and see what the situation is based on their opinions

Also, the link is one I've already seen and seems to be a fairly positive step for my partner.

Does being criminally rehabilitated and having PR do anything to her currently ineligible USA status (she was turned down for a US tourist visa recently)?
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Old Apr 20th 2010, 3:34 am
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Default Re: Vancouver - Visas, Working, Criminal Rehabilitation

Originally Posted by Composed
Thanks for the quick reply!

I suspect I'll be able to work as a consultant for clients outside of the USA and pay taxes in Canada - but you're right I'll check it up with the US forums and see what the situation is based on their opinions
If you have a business in Canada (either self-employed or a corporation) you can travel to the US to meet clients without much problem. Making a proposal, or delivering and presenting a script should be OK. Actually doing some work while you are there is a problem.

Does being criminally rehabilitated and having PR do anything to her currently ineligible USA status (she was turned down for a US tourist visa recently)?
I am not an expert on this, but I suspect she is denied entry to the US because of her criminal convictions. Being a PR and being deemed rehabilitated in Canada will not change that.
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Old Apr 20th 2010, 4:35 am
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Default Re: Vancouver - Visas, Working, Criminal Rehabilitation

Originally Posted by JonboyE
If you have a business in Canada (either self-employed or a corporation) you can travel to the US to meet clients without much problem. Making a proposal, or delivering and presenting a script should be OK. Actually doing some work while you are there is a problem.



I am not an expert on this, but I suspect she is denied entry to the US because of her criminal convictions. Being a PR and being deemed rehabilitated in Canada will not change that.
Hi Jon

Thanks for taking the time to reply. It's pretty much as I suspected.

My partner's status requires either some fine tooth looking at or a long and lengthy (not to mention) legal battle with no certain outcome!

As for myself, the travelling and working in the US could be potentially a bit of an issue but may be something that could be worked around.

I'm seeking advice from the US forums and hopefully an attourney that could help clarify matters quite a bit

I intend to be self employed working freelance over in Canada, as Vancouver has great opportunities for my line of work as well. Obviously with LA being a short flight away I wouldn't want a situation where opportunities that come from the USA can't be exploited either

but obviously looking to do it all the right way, makes me easier to work with!

Thanks for your help so far you guys!

C
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Old Apr 20th 2010, 5:06 am
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Default Re: Vancouver - Visas, Working, Criminal Rehabilitation

Originally Posted by Composed
Obviously with LA being a short flight away I wouldn't want a situation where opportunities that come from the USA can't be exploited either
If you do a quick search of the US forums about exactly what business activities are permitted on the VWP, you'll find the info you need - put simply, you can attend meetings/seminars or similar but can't do any actual 'work' and can't be paid specifically for work in the US. If you wish to do that, you'd need the correct US visa.

Good luck, sounds as though you'll need a visa for both Canada and the US for what you want to do, it's usually stressful enough getting one for either country so I don't envy you having to try and do both!!
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Old Apr 20th 2010, 5:12 am
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Default Re: Vancouver - Visas, Working, Criminal Rehabilitation

Lots of people go to LA for business from Van as visitors (the OH does regularly). And vice versa. I wouldn't worry about getting a special visa for the US; you need to get your PR first.

The only downside is being a PR they are likely to give you more hassle at the border that if you were a Canadian citizen.
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Old Apr 26th 2010, 1:07 am
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Default Re: Vancouver - Visas, Working, Criminal Rehabilitation

Originally Posted by Composed
Hi Jon

Thanks for taking the time to reply. It's pretty much as I suspected.

My partner's status requires either some fine tooth looking at or a long and lengthy (not to mention) legal battle with no certain outcome!

As for myself, the travelling and working in the US could be potentially a bit of an issue but may be something that could be worked around.

I'm seeking advice from the US forums and hopefully an attourney that could help clarify matters quite a bit

I intend to be self employed working freelance over in Canada, as Vancouver has great opportunities for my line of work as well. Obviously with LA being a short flight away I wouldn't want a situation where opportunities that come from the USA can't be exploited either

but obviously looking to do it all the right way, makes me easier to work with!

Thanks for your help so far you guys!

C
Hi Composed...

Regarding your partner, it sounds like her situation could be sorted out with Canada through the criminal rehabilitation process, as it seems pretty straightforward (even though filing all the necessary paper work and going through it can be rather lengthy). So if your partner's offence was a one off and she has led an otherwise lawful life since then, then I don't see why her application shouldnt succeed. Regarding fighting imadmissibility inthe US, its a pitty that they don't have a process that is as straightforward as in Canada, and the US rules on this do seem rather harsh and unforgiving. It would sure be a good start to ask people on the US forum, but I think ultimately it would be definitely best to consult with a US immigration lawyer. Getting a premilinary consualtion coulbe a cost effectve way of understanding your options. Once again if our partner has led a lawful life other than that offence, I am sure there is a way to overcome her US admissibaility through some kind of pardon or record clearance procedure with the relevant authorities in the US which lawyer can advise you all about. Sorry for the long message but hope this helps! Good lcuk to both of you!
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