If you have received a criminal conviction from another country and you are currently a permanent resident of Canada and would like to apply for Canadian citizenship, you may run into some complications. Citizenship and Immigration Canada, better known as CIC, takes criminal convictions very seriously and often you will need to be rehabilitated in order to become a Canadian citizenship. In the worst case scenario, they may remove your permanent residency status in Canada and proceed to a deportation. However, this entirely depends on how long ago you’ve received the criminal conviction. Therefore, in this article, I will address how to go about applying for Canadian citizenship if you are a permanent resident of Canada with a criminal record.
This is a very important question that must be answered prior to applying for Canadian citizenship. Moreover, being convicted of a criminal offence is a very serious matter and CIC takes these cases very seriously. Having a criminal record as a permanent resident can become challenging as CIC has the authority to remove your permanent residency status and deport you, even if you’ve been in the country since childhood or for several years. Therefore, you must make sure that you properly fill out and file the proper applications and documentation in time in order to prevent this from happening.
Please note that CIC has access to view criminal convictions from many years ago and subsequently these convictions can be brought to their attention, even years after it has happened. Even if a criminal conviction is from years ago, the criminal record can still come back to haunt the individual in the future. As aforementioned, CIC may remove the permanent residency status from the individual and proceed to deport them if they find out a criminal conviction is on their record. Moreover, if the individual resolves the issue sooner rather than later, then they may avoid any consequences that may ensue in the future.
If you have a criminal record, the application process and the decision of your citizenship application can be denied, delayed or placed on hold. This is essential to note prior to applying for Canadian citizenship as the application process and government fees may result in a loss of money and time, if it is automatically refused, for instance. And so, there are several different things you should consider prior to applying for Canadian citizenship. For instance, you should be aware of when is the appropriate time to submit your application for Canadian citizenship when you have a previous criminal offence. Additionally, you should also make sure you provide sufficient documentation and information to CIC to prove that your lifestyle has changed and you have become rehabilitated. While submitting this documentation and information, you should make sure that you have filled out the appropriate forms to become rehabilitated, such as a Criminal Rehabilitation application.
This is an extremely important matter especially if you’d like to remain in Canada on authorized status. You must first attempt to apply for a Criminal Rehabilitation in order to overcome your inadmissibility to Canada and to maintain your permanent residency. If you receive an approved Criminal Rehabilitation application, then you will no longer have any criminal inadmissibility and you must inform CIC that you no longer have criminal inadmissibility issues. If CIC is satisfied that your criminal inadmissibility is overcome then they may allow you to keep your permanent residency in Canada.
Even if your criminal convictions were pardoned, this may affect your Canadian citizenship application. The reasoning behind this is because it entirely depends on where the convictions were pardoned and if Canadian Immigration can permit the pardon to be equated to a Canadian pardon. Therefore, if you would like to be pardoned of an offence by the Canadian government, then you must proceed with applying for a record suspension, also known as a pardon. Therefore, unless you have received a record suspension or have received a pardon that is recognized in Canada, you may run into complications with regards to your Canadian citizenship application in the future.
In order to obtain a Criminal Rehabilitation, you must first determine whether you are eligible to apply for one. In order to apply for a Criminal Rehabilitation application, at least 5 years must have elapsed since the act. In addition, the 5 years will only start on the last day the sentence was completed. Keep in mind, if you have not completed the designated time frame, you will not be eligible to apply for a criminal rehabilitation application. If you have completed the designated time frame, then you may proceed with applying for a criminal rehabilitation. The application process for a criminal rehabilitation includes forms and documentation that you must submit in order for the Canadian government to relieve you of your criminal inadmissibility.
It is essential that you have taken all of the aforementioned factors and information into consideration before you attempt to apply for Canadian citizenship with a criminal record. If you are inadmissible to Canada and would like to apply for a Criminal Rehabilitation before applying for Canadian citizenship, it is important to note that these are difficult applications to pursue on your own. 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 with inadmissibility gain Canadian citizenship. If you believe that you may be eligible for a Criminal Rehabilitation, 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 advise.
With Akrami & Associates, there is always a way!
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