If you have a criminal record outside of Canada, have attempted to cross the Canadian border or enter Canada through one of its port of entries and found out that you were criminally inadmissible, you most likely will want to resolve that criminal inadmissibility issue. After determining that you’re criminally inadmissible to Canada, often times, foreign nationals will understand that their entry into Canada will be a challenge. As a result, there are a select amount of options for them to successfully overcome their criminal inadmissibility. One of the best solutions for criminal inadmissibility is to apply for Criminal Rehabilitation. Therefore, in this article, I will explain why the Criminal Rehabilitation application is the best solution for criminal inadmissibility to Canada as well as the steps required in order to apply for a Criminal Rehabilitation.
Do you have family members in Canada that you would love to visit but can’t due to your criminal inadmissibility? Or are you a business professional and require traveling to Canada for work purposes but cannot because of your criminal inadmissibility? If you fall under either of these two scenarios or are experiencing a different circumstance but also have criminal inadmissibility, a Criminal Rehabilitation application would be the best solution for you.
Thankfully, the Criminal Rehabilitation application was created as a solution for foreign nationals that have criminal inadmissibility and would like to permanently overcome their criminal inadmissibility to Canada. The Criminal Rehabilitation application would serve as a permanent solution for criminal inadmissibility to Canada so long as the individual does not reoffend. If they do, the Criminal Rehabilitation application would become void and the individual would have to reapply. Once the foreign national obtains an approved Criminal Rehabilitation, they will be able to enter and travel to Canada freely without having an issue with regards to their criminal record.
Prior to applying for a Criminal Rehabilitation, it is best to determine whether you are criminally inadmissible to Canada. Additionally, your criminal inadmissibility should also fall within the guidelines for a Criminal Rehabilitation in order to apply. Many foreign nationals would be denied entry into Canada and considered criminally inadmissible to Canada if they:
If you have committed an act outside of Canada or if you’ve been convicted of a criminal offence inside or outside Canada, as aforementioned, you will be deemed criminally inadmissible to Canada. Consequently, you will need to have proper authorization in order to enter or travel into the country. As previously mentioned, the best solution for this is to apply for a Criminal Rehabilitation. It is important to consider whether your offence was withdrawn or pardoned by your country of origin, country of residence, or the country in which the offence was committed. If this is the case then you must ensure that the country’s legal system is similar to Canada’s legal system. The reasoning behind this is because if it is, then Canada will most likely recognize and pardon the offence as well. However, if not, then Canada will not be able to recognize the pardon. You should determine this prior to applying for a Criminal Rehabilitation and travelling to Canada.
Based on the immigration application you are applying for, you will have specific eligibility requirements that you must meet in order to apply. This is the same for Criminal Rehabilitation applications. In order to adequately qualify for a Criminal Rehabilitation, you must make sure that a minimum of five years have elapsed since the completion of your sentence and since the day that the offence was committed. If you are unsure whether you have completed your sentence or not, it is best to determine this with the court that assisted with the conviction. The sentence would also include any payable fines, probation, parole, etc. If you have determined that all of the aforementioned factors have been completed and you are eligible to apply for a Criminal Rehabilitation, then it is very important to remember the ultimate decision is in the hands of the Immigration officer. The Immigration officer assessing the Criminal Rehabilitation application has the authority to either approve or refuse your application, even if you have met all of the eligibility requirements in order to apply.
When a foreign national applies for a Criminal Rehabilitation application, it is important to include any and all information and documentation with regards to your criminal record and past. For instance, if you have court records, parole completion documents, etc. it is best to include these documents so that the Immigration officer may be able to review them and determine that you have, in fact, completing all of the required sentencing from the conviction(s). Keep in mind, the more information you provide to the Immigration officer, the better your chances. Of course, there is always the chance that you may be denied entry; however, it is better to create a strong application with all of the necessary information.
It is essential that you have taken all of the aforementioned requirements and documentation into consideration if you are criminally inadmissible to Canada and would like to apply for a Criminal Rehabilitation application. Criminal Rehabilitation applications are difficult applications to pursue on your own and it is highly recommended that you seek out professional and experienced assistance 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 criminally inadmissible clients 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!
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