Hi,

I'll try to make a long story short. My fiancé was born in Canada and even though he's been living in the States most of his life, he will be deported. So now my question is this, once he's back in Canada, will he be able to get a passport (and how long will that take...if things go well, he gets out in October, with good time and all; his max out date is July 2004)? And will he be allowed to leave the country?
The reason I'm asking is because I'm living in Austria with our daughter and he wants to come live with us.

:cuffs: S & J :cuffs:

Check this out...it explains why he might be denied a Canadian passport...

http://laws.justice.gc.ca/en/otherreg/SI-81-86/186477.html#rid-186504

"(c) stands charged outside Canada with the commission of any offence that would, if committed in Canada, constitute an indictable offence;"

Well , if he have parole or probation, than he can´t leave his Country, if not, I think he can !

J'sGrl,

I will do some digging for you and try to get you an answer. I am not so sure that it is a question of him getting a passport as much as whether Austria will let him in.

Americans that are ex-felons cannot enter Canada (passport or not) and Canadians that are ex-felons cannot enter the US.

I do not think that he can get a passport but I am not positive. The link that is quoted here is vague because they use the term "may refuse"...

In other words, he 'may' get a passport in Canada, board a plane and then be refused entry to Austria based on his prison record.

If Austria will let him in there may be an added time limit on this - for instance - if he is on parole, he may have to complete his parole first and then there could be a mandatory number of years that the parole is discharged before he could enter your country?

You might be wise to investigate by emailing the Canadian Immigration to ask some questions and your own Immigration department to get their input.

Thanks everyone for your help! It is greatly appreciated!
I will call an immigration lawyer on Monday to find out if he can get into Austria, with his felony conviction and all....I hope they will take into consideration that his daughter is here and if they don't let him in, it would definitely take a toll on the whole family.

J,

Check with Canadian authorities too because if he cannot get a passport he would not be allowed into your country without it regardless of the law in Austria...

I will do that! :)

-Susanne-

Dear J ... I wish you much luck with this and will keep you in my prayers ...

Your prayers are appreciated and much needed, Cheenna! Thank you!