Denied Entry to Canada for past Criminal Record?
Denied entry to Canada based on an offence committed in your past? Tired of applying for Temporary Resident Permits (TRP) over and over again? Fret not! You can apply to for a Criminal Rehabilitation once and for all and never have to worry about another temporary permit to Canada again. Here are the essentials of applying for Criminal Rehabilitation.
What makes you inadmissible to Canada?
There are many reasons as to why a person would be deemed criminally inadmissible to Canada. The Canadian government is very clear and cautious about the security of Canada and the safety of Canadians and therefore if a person is deemed inadmissible, it means they are deemed dangerous to the safety and wellbeing of this country. It is then therefore based on these safety and security grounds that such a person would not be allowed to enter Canada. There are many grounds on which you can be deemed inadmissible, here the a few main ones:
- Criminal history- this could be a DWI or even a more serious offence
- Medical condition/s – such that it would be contagious
- Security risk to Canada
- Human or international rights violation
- Membership in an organization that takes part in organized crime
- Financial reasons
- Misrepresentation by the individual
- In violation of Immigration, Refugees and Citizenship Canada
Remember, the criminal offence could have been committed outside of Canada or inside Canada, in both cases you may or may not be deemed inadmissible to Canada depending on individual cases. In most such cases, a criminal rehabilitation and a record suspension must be conducted.
What can I do to change my status in Canada?
In order to gain entry to Canada and not be considered criminally inadmissible – you must apply for a Criminal Rehabilitation. In short, rehabilitation removes the grounds of criminal inadmissibility and states that sufficient time has passed since you have offended and you are not likely to offend in the future. This is a much longer process than the Temporary Resident Permit application because this is not a temporary permit valid for a specific period. A Criminal Rehabilitation cannot be applied by anyone with a criminal record. There are restrictions on who can and cannot apply for this rehabilitation. You must meet these grounds in order to apply:
- Must have been convicted of an offence outside of Canada
- 5 years must have been elapsed since the completion the sentencing of the offence
- When comparing the offence to Canadian criminal code, it must only generate an indictable offence punishable by a term not exceeding 10 years
Once these grounds have been established and you qualify for a Criminal Rehabilitation, a very strong case must be prepared for your rehabilitation. Your application will be submitted to the Canadian embassy or Canadian consulate in your state or province of residence or one closest to you. Unlike the Temporary Resident Permit, give yourself a lot of time once an application is submitted because on average processing of a criminal rehabilitation can take anywhere from 8 to 12 months. How long your application takes depends on a variety of factors such as how complete your application is, do you have enough supporting documents, did you fill out the immigration forms correctly, are you missing any official documents from your country of residence or where the offence took place and many other things that can affect the processing of your application. For example, if your application is missing essential documentation, this may lead to a refusal and return of your application or it may delay the processing of your application as they may ask you for further documentation. It is always recommended to seek legal help as this is a serious matter and it’s crucial that you submit a strong and complete case from the beginning.
What are the conditions of a Criminal Rehabilitation?
As mentioned before, the conditions of a Criminal Rehabilitation are based on how much time has passed since you were charged and how would you have been charged had your offence taken place in Canada. There are other conditions to be eligible for this application; however these are the main ones that you must adhere to. It is important to note that you may be deemed rehabilitated if 10 years or more have passed since you completed all sentencing imposed on you – this could vary depending on individual cases. You may be eligible to apply for a criminal rehabilitation if 5 or more years have passed since the completion of all sentencing imposed on you. Remember each case is different because each offence has a different level of severity when you apply it to Canadian criminal code. It is highly recommended to consult a professional before submitting an application only to find out that you do not qualify or that you are already deemed rehabilitated.
What if I offence after a criminal rehabilitation has been granted?
If you offence again, this will most likely overturn the decision of a positive criminal rehabilitation – meaning the criminal rehabilitation will no longer be valid. If the Criminal rehabilitation was not successful and you committed a new offence, you will no longer be eligible for this application because a criminal rehabilitation is only valid based on these grounds:
- Must have been convicted of an offence outside of Canada
- 5 years must have been elapsed since the completion the sentencing of the offence
- When comparing the offence to Canadian criminal code, it must only generate an indictable offence punishable by a term not exceeding 10 years
What if I was charged but not convicted and my case was dismissed?
- You could still be inadmissible to Canada even if charges were dropped or dismissed. You may be still required to submit an application and an immigration officer will determine your rehabilitation.
- There are processing fees to be paid when you apply for a criminal rehabilitation and they are not refundable. Being approved for a criminal rehabilitation simply does not give permission to enter Canada; you also have to meet requirements if you want to enter temporarily or for permanent residency depending on your unique case.
- If you do not qualify for a criminal rehabilitation given the grounds stated above, you may be eligible for a Temporary Resident Permit. Consult a professional to find out what application suits your situation more appropriately.
Looking to apply for a Criminal Rehabilitation? Then contact Akrami and Associates
Akrami and Associates has assisted many clients with different immigration matters from Temporary Resident Permit to many successful Criminal Rehabilitation applications. Contact Akrami and Associates for more information on how to apply for this application. For more details call 416-477-2545. Our immigration experts have submitted many successful immigration applications and we can help you achieve your immigration goals as well. Contact us today!!With Akrami and Associates there is always a way!!
