Applying for Express Entry with Criminal Record

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Immigrating to Canada with Express Entry

The Express Entry immigration system allows a foreign national that come from a variety of different fields, educational backgrounds, and work experience to obtain permanent residency in Canada under specific federal economic immigration programs. Permanent Resident Status will then be your stepping-stone to the last stop of your Canadian Immigration journey, which is obtaining the Canadian citizenship. What if you are a well-qualified candidate, but you have criminal inadmissibility? Does that mean you will never be able to immigrate to Canada and to contribute your talents and experiences to the Canadian economy? Continue to read this blog to find out how to apply for Express Entry with criminal inadmissibility.

How do I Overcome My Inadmissibility

The Criminal Rehabilitation application would serve as a permanent solution for overcoming your criminal inadmissibility to Canada. If your criminal rehabilitation application is approved and you do not reoffend, you may travel to Canada without the need to worry about your past criminal record.

Eligibility for Criminal Rehabilitation

In order to adequately qualify for a Criminal Rehabilitation, you must make sure it has been over five years since the completion of all your sentences. The sentence would also include any payable fines, probation, parole, etc. If you have determined that all of the aforementioned factors have been completed, then you are eligible to apply for a Criminal Rehabilitation. However, you must be informed that, the refusal or the approval of your application is based on the officer’s discretion. Some officers can be vigilant because they want to ensure the foreign nationals do not pose any threats to Canada in general. Consequently, even if you have met all of the eligibility requirements in order to apply, the officers can still refuse your application.

When do I need to Apply for Criminal Rehabilitation

At this point, you may be wondering about the right time to submit your criminal rehabilitation application. An application for criminal rehabilitation must be submitted either before, or at the same time as the application for permanent residence. The criminal rehabilitation application, however, does not need to be approved prior to submission of your permanent residence application, as the processing time for criminal rehabilitation ranges from 12 months to 18 months. Age is an important factor in the Express Entry program; as such, it would be wise to avoid a potential extra year before you apply express entry.

Important Documents for Criminal Rehabilitation

There are some essential documents that you will need to acquire in order to apply for criminal rehabilitation:

  • All the necessary Federal and state clearances (anywhere you have resided for over six months, since the age of 18)
  • Court dockets
  • Any/ all documents which show proof of completion of any mandatory or voluntary rehabilitation classes,
  • Proof of completion of probation
  • Proof of fines paid
  • Your personal statement

Apart from the aforementioned essential documents, it is highly recommended that you provide supporting documents, such as, reference letters, employment letter, and/or proof of your good character. Remember, when you are applying for criminal Rehabilitation, it is important to not only show the documents regarding your criminal record, but also demonstrate you have fully reformed from your offence(s). These documents show that you are not a threat to Canada and all citizens/permanent residents. Remember, the more convincing documents you provide, the better the chance of approval you have.

You Have an Inadmissible spouse/common law partner

When you are applying for Canadian permanent residence through Express Entry, you only submit one application, even if the you, as the primary applicant, are married / in a common law relationship. In this way, the fates of the couple are tightly connected. That said, if one of them acquires permanent residence, then both of them will acquire it. Everything has a good and a bad side; this applies to your immigration application as well. The advantage is you can choose to go with the partner who scores the most points under Express Entry’s Comprehensive Ranking System in order to increase your chances of getting permanent residence. However, the disadvantage is that if one partner is determined to be inadmissible to Canada, then the other partner is also deemed to be inadmissible to Canada. In such cases, the only option for both the primary and secondary applicant is for the inadmissible individual to apply for criminal rehabilitation.

Contact Akrami & Associates

As previously mentioned, Canadian government is very strict when it comes to assessing foreign travelers’ inadmissibility. Even if you have a strong academic background or profound experiences in your field, you are still not admissible to Canada with criminal record. In order to compile a strong a criminal rehabilitation application, you will need to prepare for the correct documents. However, having to prepare all the required documents can very confusing and exhausting. It is also essential to note that this type of application is difficult to pursue on your own. Therefore, it is highly recommended that you seek out professional and experienced help prior to submitting the application. Akrami & Associates work and have experience with many different immigration matters. We have helped many of our clients create strong Criminal Rehabilitation applications. Please feel free to contact Akrami & Associates 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!