Denied Entry to Canada for your Criminal Record?
Denied Entry to Canada for your Criminal Record?Are you tired of going through tedious long processes when you have to visit Canada to meet your family or simply for leisure or work because of a crime you committed a long time ago? You can solve this issue by applying for the Criminal Rehabilitation that is offered by the Canadian Government in order to determine if you are deemed rehabilitated. Proving positively will mean you are no longer inadmissible into Canada and are also not required to apply for a temporary resident permit. This will also ease your application for Permanent Residency should you wish to do so.
Charges and Convictions that can deny you Entry into Canada
Generally, temporary residents or external applicants applying for permanent residence are considered to be inadmissible if they
- Were convicted of an offence in Canada (temporary residents only)
- Were convicted of an offence outside Canada that is considered a crime in Canada; or
- Committed an act outside Canada that would be considered a crime under the laws of the country in which the crime occurred and would also be punishable under Canadian law.
If the charges laid against you were withdrawn or pardoned where the offence occurred in Canada, you are not inadmissible; if the charges were withdrawn or pardoned where the offence occurred outside Canada then you may be inadmissible
If you were discharged (absolute or conditional) within Canada then you are not inadmissible, if you were discharged (absolute or conditional) outside of Canada then you may be inadmissible
If you were granted a pardon within Canada under the Criminal Record Act then you are not inadmissible, however, if the offence was committed outside Canada then you may be inadmissible.
Should you believe you are inadmissible, and then you must provide the immigration officer with all details regards court rulings, charges, convictions, pardons, and photocopies of all international laws that apply to you case. This will let the officer determine whether or not you are inadmissible to enter Canada.
I had an offence as a Juvenile can I be Denied Entry to Canada?
A juvenile, or young offender, is a person as described officially in Canada, who is 12 years of age or above but less than 18 years if age.
A young offender is not inadmissible if
- If the conviction was in Canada under the Young Offenders Act or the Youth Criminal Justice Act, unless an adult sentence was given
- The conviction was carried out in manner where the offence was committed outside Canada in a country which has special provisions for young offenders
- The conviction was carried out in a manner where the offence was committed outside Canada in a country which does not have special provisions set for young offenders but the circumstance of the conviction was such that the young offender was not handed out an adult sentence.
You are considered in inadmissible as a young offender if
- You were convicted in an adult court despite the county in which the offence was committed in has special provisions for young offenders
- You were convicted in a country which does not have special provisions for young offenders but anyhow would have been treated as an adult in Canada
Overcoming Criminal Inadmissibility
If the conviction or offence(s) were committed outside Canada
- If you were convicted of a crime outside Canada you move overcome the criminal inadmissibility by
- Applying for rehabilitation or
- You may be deemed rehabilitated if at least 10 years have passed since the day of your conviction and the day on which you committed the offence, if the offence you committed would be punishable under Canadian law with a maximum term of imprisonment of less than 10 years.
If the conviction or offence was committed within Canada, then you must seek for a record suspension – also known as a pardon – from the Parole Board of Canada (PBC)
What is Criminal Rehabilitation
Rehabilitation will legally remove the grounds on which you are considered criminally inadmissible. Rehabilitation means that you have recovered towards a stable lifestyle and that it is unlikely you will be involved in future criminal activity.
Your eligibility to apply for a Criminal Rehabilitation program depends on
- If five years have passed since the day on which you committed the act outside Canada
- If five years have passed since your conviction and the end of the sentence imposed – including probation
When are you Considered Deemed Rehabilitated?
You are Deemed Rehabilitated if at least 10 years have passed since the last day of completion of the sentence imposed or you may apply for rehabilitation if only 5 years have passed since the last day of completion since the sentence was imposed.
When to Apply for Temporary Resident Permit
If you need to come to Canada without applying for Rehabilitation – either because you could not apply due to 5 years not being over or you were not give a record suspension from Parole Board of Canada, you will require special permission to enter or remain in Canada.
This is done through the application package on Canada Immigration website. After review the package the immigration officer may advise you if you are out of Canada, that you do not travel to Canada or that you apply for Temporary Resident Permit (TRP) in order to enter Canada. If you at any port of entry the officer could tell you that you are denied entry into Canada and ask you to return immediately to your country of departure, take enforcement action such as arresting, detaining, or detention or advise you to apply for a temporary resident permit. If you are already in Canada, you could be asked to leave Canada voluntarily, or enforcement actions such as arrests could be made against you, or you could be advised to apple for special permission such a temporary resident permit in order to continue staying in the country.
Should I hire a Representative to help me with my Criminal Rehabilitation or TRP application?
You may choose to appoint a representative on your behalf to conduct to matters with Immigration, Refugees, and Citizenship Canada and the Canada Border Service Agency. A representative could be uncompensated or compensate depending on what your preferences are. If you do appointing a representative on your behalf then Border Service Agency and the Immigration, Refugee, Citizenship board will contact the representative first hand, not the applicant. The immigration officer assesses the need versus risk and many times applicants fail to provide sufficient supporting documents to demonstrate they are not a risk to Canadian citizens and are making better choices since completion of their offense on record. Therefore, it is recommended to get the assistance of an immigration law firm that help you gather all the supporting documents to have greater chance in successful entry into Canada.
Criminal Rehabilitation Application Process
You must also pay the processing fees of you application package. Fees can be paid online with an email address, access to a printer, and a valid credit card. If you are applying from within Canada then you must mail your application package to the Canada Immigration Centre responsible for your area. If you are applying from outside Canada then you need to submit your application to the nearest visa centre. Upon receiving you application an officer will review it with any supporting documents. If the officer sees fit for you to be eligible, your application will be forwarded to an authority that can accept or refuse applications for rehabilitations.
Factors Considered when Reviewing Criminal Rehabilitation Application
Certain factors would be considered when reviewing your applications such the number and seriousness of your offences, the improvement or any change of your behaviour since the day the offence was committed, your explanation of the offence and a justification of why you will not commit the offence again, if a group of your peers agree that you have improved and support you, and your present conditions and circumstances. This process can usually take well over a year; you will be notified in writing once a decision regarding your application has been reached.
What Happens when my Criminal Rehabilitation Application Approved?
Receiving approval id only part of the entire process to determine if you are eligible to enter or remain in Canada, once you rehabilitation application has been approved, you can then travel with ease to Canada as long as you don’t reoffend. Depending on the nature of your visit you may require additional documents, for example if you plan on working in Canada you would have to apply for a Work Permit and meet the requirements under that category. So the criminal rehabilitation application is only for inadmissibility issues to Canada this document does not exempt you from the work permit.
Contact Akrami & Associates
Applying for rehabilitation can seem as a very daunting and overwhelming task. If you are considering applying for it and are confused or do not completely understand what information and documents will best convince the authority to approve your application, or have applied before and were refused, then do not hesitate to contact us at Akrami for assistance. With Akrami & Associates there is always a way!!