FAQ – Inadmissibility to Canada
FAQ – Inadmissibility to CanadaIn this article, I will address a couple of popular questions and answers for inadmissibility issues in Canada and some important information to consider if you are applying for any application to resolve your criminal inadmissibility. There are several options available to foreign nationals in order for them to resolve their criminal inadmissibility, either temporarily or permanently. For instance, a foreign national can either apply for a Temporary Resident Permit or a Criminal Rehabilitation. If you feel as though you would be eligible to apply for either of these applications, I suggest you read our article on “Difference Between a Temporary Resident Permit vs. Criminal Rehabilitation” before reading this question and answer article. The intention of this article is meant to clarify any misunderstanding or confusion with regards to criminal inadmissibility in Canada.
Q: If my conviction was expunged, would I still be criminally inadmissible to Canada?
A: Thankfully, if your conviction was expunged, this can be very beneficial for you. When a conviction is expunged, the conviction is deemed to have never occurred. Therefore, if it has never occurred, then you won’t have any inadmissibility issues to come to Canada. Additionally, you will not need to apply for any application to resolve your criminal inadmissibility because it will not be an issue to prevent your entry into Canada, so long as it was expunged.
Q: If I received a withheld/deferred adjudication, would I still be criminally inadmissible to Canada?
A: In order to understand this question a little better, I will explain what a deferred adjudication means. A deferred adjudication is somewhat like probation. For instance, the individual would be placed on probation for a specific time period. If the probation is successfully completed, then the case would ultimately be dismissed. Therefore, if your adjudication is either withheld or deferred, and you abided by all of the conditions of your deferral and did not commit another offence, then the conviction will be dismissed and will no longer exist. As a result, you will not be criminally inadmissible to Canada, so long as there are no other convictions.
Q: If I received a caution in the U.K. will I be criminally inadmissible to Canada?
A: No, you will not be criminally inadmissible to Canada should you receive a caution from the U.K.
Q: If I received a suspended sentence, will this still be considered a conviction in Canada?
A: Yes, if you receive a suspended sentence, it is still considered a conviction in Canada. Canadian immigration and Immigration officers will still consider this a conviction.
Q: I proactively had my record sealed. With this in mind, do I still need to disclose my conviction on my immigration application?
A: Yes, you must disclose any previous criminal convictions or charges when applying for any immigration application in Canada. This is even the case if you have proactively had your record sealed. It is also important to recognize that even though your record is sealed, depending on the offence committed, the severity of the offence and when it occurred, this will ultimately determine whether you are criminally inadmissible to Canada. Therefore, it is best to consult with an Immigration professional to determine whether you are criminally inadmissible to Canada before submitting any immigration application and to avoid delays or complications.
Q: If I plan on submitting an application for a Temporary Resident Permit or a Criminal Rehabilitation, when am I required to submit my Police Clearance Certificate?
A: For foreign nationals who are applying for a Temporary Resident Permit or a Criminal Rehabilitation application, they must submit their Police Clearance Certificate when they submit their application. Specifically, the foreign national will also need to submit Police Clearance Certificates from any countries that they have lived in for a minimum of six months since their 18th birthday. It is also important to note that foreign nationals that are applying from the United States must submit an FBI Clearance Certificate as well as Police Clearance Certificates from any state they have lived in for a minimum of six months since their 18th birthday.
Q: Are there consequences if I cannot obtain a Police Clearance Certificate from a country that I’ve lived in for over 6 months?
A: This is a very good and important question to determine before submitting any immigration application. If you are unable to obtain a Police Clearance Certificate from a country that you’ve lived in for over 6 months, you must provide Immigration with a written explanation stating the reasons why you are not able to obtain the certificate. You must also provide sufficient evidence to show that you have made the attempts to try and obtain the certificate. Please note that there are some countries and states in the United States who do not provide Police Clearance Certificates for immigration reasons. If you find yourself in this circumstance, then it is advisable to request a written explanation from the relevant authorities confirming why they cannot provide the Police Clearance Certificate.
Contact Akrami & Associates
Should you have any further questions or feel confused or unclear about your inadmissibility issues to Canada, it is important to talk about and ask any questions you may have and discuss your concerns. By talking to immigration professionals about your concerns, this will ease your worries and assist with the application process. Many immigration applications are difficult to pursue on your own and it is highly recommended that you seek out professional and experienced help before attempting to apply. Here, at Akrami & Associates, we work and have experience with many different immigration issues. We have helped many of our clients obtain authorization to enter Canada even though they have inadmissibility issues. If you believe that you may be eligible for a Temporary Resident Permit or a Criminal Rehabilitation to overcome your inadmissibility issues to Canada, 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!
