The Permanent Solution for Overcoming Criminal Inadmissibility - Immigration Law Firm

Bahar's Blog about Immigration to Canada & USA

Bahar's Blog about Immigration to Canada & USA
4 minutes reading time (884 words)

The Permanent Solution for Overcoming Criminal Inadmissibility

Criminal-Rehabilitation-Application-Tips

Overcoming Your Criminal Inadmissibility Permanently 

If you have a criminal record outside of Canada, and have been denied entry to Canada, you may want to overcome that inadmissibility. You may do this by applying for a temporary resident permit or applying for criminal rehabilitation. However, as the name suggests, temporary resident permit is just a temporary solution. After the permit expires, you will have to re-apply. If you do not wish to re-apply over and over again, we hereby present you the permanent solution, criminal rehabilitation. If you are eligible to apply, we strongly recommend you to apply for a criminal rehabilitation. In this article, you will learn information about Criminal Rehabilitation as well as the steps required in order to apply for a Criminal Rehabilitation.

Criminal Rehabilitation – The Permanent Solution

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.

What Constitutes Criminal Inadmissibility

It is important to determine what your criminal inadmissibilitycriminal inadmissibility is, before coming 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:

  •  Convicted of a criminal offence within Canada,
  •  Convicted of a criminal offence outside of Canada that is also considered a crime within Canada
  • Committed an act outside of Canada that is considered a crime under the laws of the country where the crime occurred and would, as a result, also be punishable under Canadian law.

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.

Am I Eligible for Criminal Rehabilitation

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 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.

How to Apply for a Criminal Rehabilitation

First and foremost, the applicant needs to include all information and documentation regarding the criminal record. The documents may include court dockets that show any sentences imposed on you, any probation completed, any fines paid, and/or any community services served. You will need to provide supporting documents, such as, personal statement, 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). It is best to include these documents so that the Immigration officer may be able to review them and determine that you are not a threat to Canada and all citizens/permanent residents. It is completely based on the officer’s discretion regarding the approval or refusal of your application. As a result, the more information you provide to the Immigration officer, the better your chances.

Contact Akrami & Associates

Determining the eligibility period is confusing, or sometimes, overwhelming. Moreover, the application for Criminal Rehabilitation can be difficult when you are doing it on your own. As a result, it is highly recommended that you seek out professional and experienced help before attempting to apply for a Criminal Rehabilitation. Akrami & Associates work and have experience with many different immigration issues. We have helped many of our clients overcome their criminal inadmissibility permanently. 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 advise.

With Akrami & Associates, there is always a way!With Akrami & Associates, there is always a way!

0
Different Programs under Express Entry
Business Visitor FAQ

Related Posts