Reasons to obtain a Criminal Rehabilitation
Reasons to obtain a Criminal RehabilitationIf you are an individual from a foreign country and have a criminal record or past, it is best to overcome your criminal inadmissibility before travelling to Canada. If you have a criminal record and attempt to enter Canada with criminal inadmissibility, the Immigration offer will deny your entry into Canada. Canada is very strict with which foreign nationals they allow to enter the country. As a result, it is best to apply for a Criminal Rehabilitation to overcome your criminal inadmissibility. Therefore, in this article, I will explain why a foreign national with criminal inadmissibility needs a Criminal Rehabilitation and the steps required to applying for a Criminal Rehabilitation.
Why you need a Criminal Rehabilitation
Have you ever been to Canada and successfully crossed the border with no issues? Most foreign nationals are able to successfully enter Canada; however, a criminal record which results in criminal inadmissibility can often complicate this process. There may be circumstances where a foreign national with a criminal record is permitted entry into Canada yet, majority of the time, Immigration officers will assess your criminal record and determine that you are criminally inadmissible. If this is the case, they are not authorized to permit your entry into the country and you will be denied entry into Canada. If you have experienced this, it is best to ease your worries and stress when attempting to enter Canada by applying for a Criminal Rehabilitation.
A Criminal Rehabilitation application was intended for foreign nationals that would like to overcome their criminal inadmissibility to Canada on a permanent basis. Luckily for any foreign national that receives an approved Criminal Rehabilitation, their criminal inadmissibility will no longer be an issue with regards to travelling to Canada; the criminal inadmissibility will ultimately be dissolved. However, if the foreign national obtains any further criminal charges in the future, the criminal rehabilitation will become void and they would need to proceed to apply for a new one all over again.
What Criminal Offences can Result in Denied Entry into Canada
Before applying for a Criminal Rehabilitation application, it is best to determine if your particular circumstance falls within the guidelines for a Criminal Rehabilitation. In most cases, a foreign national is considered inadmissible to Canada if they:
- Have been convicted of an offence within Canada,
- Have been convicted of an offence outside of Canada that is also considered a crime within Canada; or,
- Have committed an act outside of Canada that is considered a crime under the laws of the country where the crime occurred and would thus also be punishable under Canadian law.
If your circumstance falls under one of the above categories, unfortunately, you will be criminally inadmissible to Canada. On the other hand, if your conviction or crime has been withdrawn or pardoned in the country where the crime occurred, then you would not be criminally inadmissible to Canada. However, this is only the case if Canada recognizes the pardon. It is important to determine whether the foreign country’s legal system is similar to Canada’s legal system. If it is, then most likely Canada will recognize the pardon. It is best to determine this prior to travelling to Canada or applying for a Criminal Rehabilitation.
Eligibility for a Criminal Rehabilitation
Much like any other immigration application, a Criminal Rehabilitation has eligibility requirements that foreign nationals must meet before applying. As a foreign national with a criminal record, you must ensure that five years have completely passed since the day that you were committed of the offence outside of Canada. Additionally, you must also ensure that five years have completely passed since the end of the sentence imposed. It is important to note that this also includes any probation. If you, in fact, meet these eligibility requirements, it is important to recognize that the ultimate discretion is up to the Immigration officer on whether your application will be approved or refused, even if you do meet the eligibility requirements.
How to Apply for a Criminal Rehabilitation
When applying for a Criminal Rehabilitation, you must ensure that all of the aforementioned eligibility requirements have been met in order to successfully apply. Additionally, you must provide Immigration Canada with the required documentation concerning your criminal record and past. The more information that you can provide to Immigration Canada with regards to your criminal record, and how you have changed your lifestyle ever since, the better your chances are for an approved application. Additionally, if there is any document or information that you are unable to provide, you should provide Immigration Canada with a detailed explanation as to why you cannot provide this information. When an Immigration officer is assessing your application, there are a number of different factors that they take into consideration. For instance, the number of offences you have had and the seriousness of each offence. Another very important factor that they assess is the improvement of your behavior since the act was committed. Conclusively, it is extremely vital to your Criminal Rehabilitation application that you submit the appropriate documents and information in order for the Immigration officer to accurately assess whether you should be allowed into the country.
Contact Akrami & Associates
It is essential that you have taken all of the aforementioned requirements and documentation into consideration before you attempt to apply for a Criminal Rehabilitation application. These applications are difficult applications to pursue on your own and it is highly recommended that you seek out professional and experienced help before attempting to submit the application. Here, at Akrami & Associates, we work and have experience with many different immigration issues. We have helped many of our clients that have criminal inadmissibility apply for a Criminal Rehabilitation. If you believe that you may be eligible, please feel free to contact Akrami & Associates at our office at 416-477-2545 for more information or if you would like to book a consultation with an immigration professional for more advice.
With Akrami & Associates, there is always a way!