Immigration Blog about US & Canadian Immigration matters.

Immigration Officers are vigilant when it comes to accessing foreign national’s admissibility to Canada in order to ensure the safety and security of Canada, it’s citizens and permanent residents. Your spouse may be denied entry into Canada if they have a criminal record. There are options available to overcome the inadmissibility though. Continue reading below to learn how to sponsor your spouse to come to Canada even if they have a criminal record

Overcoming criminal inadmissibility

The most important step in sponsoring a spouse with a criminal record is to be it resolved. Whether that be having the record expunged, obtaining Criminal Rehabilitation or being deemed rehabilitated. Criminal Rehabilitation means that you have proved without doubt that criminal activity is in your past, you are very unlikely to reoffend and will not be a threat to Canada, it’s citizens or permanent residents.

Drunk driving charges are processed under many names worldwide, but they all equally have the potential to make you criminally inadmissible to Canada. These charges include, but are not limited to Driving Under the Influence (DUI), Driving While Intoxicated (DWI), Wet and Reckless (W&R) Reckless Driving, driving without Due Care and Attention. These charges can and will affect your chances of crossing the border into Canada. You do have hope if you’ve been charged though, read below for options of overcoming criminal inadmissibility because of your DUI.

Temporary Solution: Temporary Resident Permit

The Temporary Resident Permit (TRP) is a document that overcomes your inadmissibility and grants you entry to Canada but only for a limited time. The period of validity for a TRP is completely based upon the officer’s discretion. When the application is being reviewed, the officer considers whether your “need” to enter Canada outweighs any risk you might pose to Canada and Canadian Citizens. When looking to enter Canada with a DUI. The TRP is the fastest option, since for urgent travel you can apply at the port of entry.

The most important factors for an immigration officer in making the decision is the “risk vs. need”. The officer will investigate the following factors to make sure the threat you may pose on Canada is low and your need to enter Canada is justified.

• The seriousness of the offence
• Behaviours involved (alcohol, drugs)
• Evidence that you are rehabilitated or reformed
• Chances of successful settlement without committing any further offenses
• Completion of all sentences, fines paid or restitution made
• Eligibility for rehabilitation or pardon
• Time since offense occurred
• Pattern of criminal behavior

Permanent Solution- Criminal Rehabilitation

A criminal rehabilitation application would service as a permanent solution for overcoming your inadmissibility to Canada for a DUI. You may travel to Canada without the worry of your past criminal record on a permanent basis if your application is approved and you do not reoffend. Criminal Rehabilitation applications take approximately 12-18 months for a decision to be made, all depending on the nature and severity of your offence.

In order to adequately qualify for Criminal Rehabilitation, a period of at least 5 years must have passed since the completion of the sentence. The sentence includes, jail time, fines, probation, parole etc. Once all of these factors are complete, you are eligible to apply for Criminal Rehabilitation. The approval of your application is directly based on the officer’s discretion.  Officer’s want/need to make sure you do not pose any threat to Canada or Canadians, making them extremely vigilant.

Important Documents for Overcoming your Inadmissibility

 For both Criminal Rehabilitation applications and temporary resident permits that most important documents reviewed are criminal background checks. These must be provided for every country you have lived in for 6 months or more since the age of 18. For applications from the United States, you must submit FBI clearance certificate and criminal background checks for every state lived in and the state in which the offence occurred  (if different than residential state)

The applicant must also provide supporting documents relevant to the criminal record. These may include court documents that show sentence imposed, probation completed, fines paid, community service completed etc. You also need to supply a personal statement, letters of reference, employment letters. It is extremely important to show the officer that you have completed your sentenced but also demonstrate that you are fully reformed. The more information you can provide that shows this, the better your chances the immigration officer will approve your application.

Akrami and Associates

The Canadian government is very strict on Criminal Rehabilitation applications and Temporary Resident Permits. The need for strong supporting documents, and the difficulty in convincing the reviewing officer make these applications very difficult to pursue on your own. It is highly recommended to seek professional assistance in building a strong case. At Akrami and Associates, our legal representatives has assisted hundreds of clients overcome their inadmissibility. Feel free to contact us today for more information or to book a consultation. 416-477-2545  This email address is being protected from spambots. You need JavaScript enabled to view it.

With Akrami & Associates there is always a way!!

If you have a criminal history, you may not be allowed to enter Canada. It is a major deciding factor on whether you are allowed entry. This is called criminal inadmissibility. You will find yourself refused at the port of entry if you attempt to enter without the legal and necessary steps and precautions taken. In this blog, we will discuss who is eligible for criminal rehabilitation in order to be admissible to Canada.

Qualifications for Criminal Rehabilitation

To be deemed eligible for Criminal Rehabilitation the application must be able to prove the following:

You've received a Removal Order from Canada. Now what? You cannot legally remain in Canada and must leave the country. Depending on the circumstances you may either have to leave immediately or you may have the chance to appeal.

Why you received a removal order?

Those who receive a removal order are due to:

Some people are not allowed to come to Canada. They are “inadmissible” under Canada’s immigration law. There are different reasons they may not let you into Canada, such as security, criminal or medical reasons.

A Canadian immigration officer will decide if you can enter Canada when you:

Temporary Resident Permit (TRP)

Are you planning to travel to Canada but have a criminal record? Technically, this means you are criminally inadmissible to enter Canada. However, depending on the severity of your criminal past and the purpose of your travel, you may be eligible to bypass your inadmissibility with a Temporary Resident Permit (TRP). A TRP will lift your criminal inadmissibility for a limited period (up to 3 years) and allow you entry into Canada. It is important to note that this is not a permanent solution. Once your TRP expires, you will once again be deemed inadmissible and would need to reapply for a TRP or opt for the permanent solution via Criminal Rehabilitation.

How to Build a Strong TRP Application

Purpose of Travel

What does it Mean When Receiving Procedural Fairness Letter

Have you received a procedural fairness letter from citizenship and immigration Canada and not sure how to respond to this letter?

If this is the case, then this blog is for you!

Do You Want to Immigrate to Canada in 2019

As you may know, Canada’s education and living conditions attract many foreign nationals to visit, study, and work. Furthermore, the multiculturalism in Canada is one of the essential reasons that drives one's longing to move. After they have experienced the beauty of Canada, they may consider settling down permanently in Canada. While numerous individuals are contemplating moving to Canada, they may be thinking about looking for assistance from an immigration representative to make the immigration process more smoothly. Indeed, here comes the most significant inquiry: is hiring a representative necessary? In this blog, we will discuss the benefits of hiring an immigration representative and how to avoid immigration fraud.

Who are Immigration Representatives

Immigration may be difficult and complicated, especially if you are not family with Canadian immigration law. If you are struggling with your application, you may be able to seek guidance from a representative. An Immigration and citizenship representative’s job duties include but are not limited to:

Are You Inadmissible to Canada?

If you have criminal records, you will likely be denied entry into Canada at the Canadian border. To avoid facing these issues you could apply for a temporary resident permit (TRP) or, even apply for Criminal Rehabilitation (CR). Both of these applications take time, though, you may be able to overcome inadmissibility in person at the border if you are an American citizen. The application processing is slightly stricter at the border, because individuals must demonstrate their need to enter Canada outweighs their risks they possess to Canada and Canadians. Though, if you can put forth compelling reasons why you should be allowed to enter Canada for a temporary period of time, then you may be granted a temporary resident permit at the port of entry. In an ideal situation, a Temporary Resident Permit application would be submitted well in advance of attempting to enter Canada, to allow a consulate to render a decision. However, processing times at the consulate are often longer, and often a decision will not be made in time for your travel. When you have an urgent travel date, you should apply for a temporary resident permit at a port of entry.

How to Apply for a Temporary Resident Permit at a Port of Entry

It is the case for many individuals that they realize they are criminally inadmissible to Canada, only a short time before they had intended to try to travel to Canada. This is an incredibly nerve wracking thing to become aware of, because it almost certainly means you will have an issue fulfilling your travel plans, as you will not be allowed to enter Canada. What makes this worse than simply being inadmissible to Canada, is that there is not enough time to apply for criminal rehabilitation, or apply for a temporary resident permit at the consulate level, both of which help communicate to immigration officers that you are serious about overcoming your status as inadmissible to Canada. Though, there is still a solution for individuals in this circumstance. You can apply for a temporary resident permit at a port of entry, as you try to enter Canada, rather than at the consulate. If you apply for a TRP at the border instead of the consulate, you will receive a decision the same day, rather than wait the typical 8-12 month processing times. If you have an urgent travel date coming up, and need to overcome your status as criminally inadmissible, keep reading this blog to learn how to apply for a TRP at a port of entry.

How to Overcome Inadmissibility to Canada

There are a variety of situations which can occur, which leave you inadmissible to enter Canada. Unfortunately, it is not uncommon that individuals, who attempt to enter Canada, get denied entry at the border, and they did not even realize they were inadmissible to Canada in the first place. There are even situations where individuals were able to enter Canada in the past even though they were inadmissible, simply because they got lucky and the immigration officer at the border did not realize, and then one day they learn they are inadmissible to Canada for one reason or another and should never expect to get lucky and be able to enter Canada. This happens for a variety of reasons but surprisingly, it is very uncommon individuals are aware of all the reasons one could find themself inadmissible. For your convenience, follow this link to learn the various reasons you could earn the status of “inadmissible to Canada,” and avoid any unpleasant surprises at the border one day. If you think any of these reasons for being inadmissible could apply to you, keep reading to learn about the various procedures you may need to undertake, to rectify your status as inadmissible to Canada, and once again be permitted to enter the country.

Ways to get back into Canada

There are various ways individuals can choose to overcome their inadmissibility. Ultimately though, the route you chose to take is dependent on your circumstances to some degree. For example, if you are criminally inadmissible to Canada, you have the options of getting a temporary resident permit, or apply for criminal rehabilitation. Or, alternatively, if you are inadmissible to Canada as the result of a removal order, then you will require an authorization to return to Canada.

What Is Criminal Inadmissibility?

Have you ever been convicted of a crime? Are you thinking about travelling to Canada? First, you may want to go over your situation to determine whether or not you are considered “criminally inadmissible.” Criminally inadmissible is a term used to describe any individual who has been convicted of an offence which would be considered a crime under the Canadian Criminal Code. In other words, if you would have been charged with a crime for doing the same things you did in your country of origin, while in Canada, you are criminally inadmissible to travel to Canada. There are a variety of reasons you may be considered criminally inadmissible. This includes anything considered an offence in the Canadian Criminal Code, such as being convicted of driving under the influence and dangerous driving, all the way to assault and manslaughter. If this sounds like the situation facing you, you’ll definitely want to carefully consider how your criminal record or any offences you have committed, will affect your admissibility to Canada.

Who Is Considered Criminally Inadmissible To Enter Canada?

As mentioned, anyone who would have been convicted of a criminal offence under the Criminal Code of Canada is criminally inadmissible to enter Canada. It is important to understand that you do not have to have a criminal record in your home country, to be considered criminally inadmissible to Canada. Even though it is usually the case that those who would have a criminal record in Canada also have a record in their country of origin, this is not always the case. One example could be if you are pardoned by the courts in your country of origin, and you effectively have no criminal record. Even if this is the case, if the Canadian courts would not have pardoned your actions, then Canadian border officials will still treat you as if you have a criminal record and you will be criminally inadmissible to enter Canada. A much more common example occurs with citizens of the United States. In the USA, driving under the influence (DUI) is not always pursued as a serious offence. At the same time, driving under the influence is not taken lightly by Canadian courts at all. This is an example of a case in which you may be led to believe your offense is minor and you should be able to enter Canada as a deemed rehabilitated citizen after a 5 year period, rather than a 10 year period. Though, under the Canadian Criminal Code, the offense may not be considered minor, and you may be treated as if you committed a serious offence. The important thing to understand is that your criminal record in your country of origin is not directly transferrable to Canada. Your criminal record from your country of origin is essentially translated to reflect what your record would look like in Canada.

FAQ – Criminal Rehabilitation

In this article, I will address a few popular questions and answers for Criminal Rehabilitation applications in Canada and some important information to consider if you are applying for a Criminal Rehabilitation application. A Criminal Rehabilitation application is intended for foreign nationals with criminal inadmissibility who would like to visit Canada and not have inadmissibility issues in the future. This type of application was created and intended to provide foreign nationals, who have past criminal offence(s), made in or outside of Canada, with an opportunity to enter Canada even with their criminal inadmissibility. If you feel as though you would be eligible to apply for a Criminal Rehabilitation, I suggest you read our article on “How to Apply for 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 Rehabilitation applications in Canada.

Q: What exactly is a Criminal Rehabilitation application?

A: A criminal rehabilitation application is a permanent waiver that removes the criminal inadmissibility from a foreign national that wishes to enter Canada. In other words, in the future, instead of being denied entry into Canada due to their inadmissibility, they will no longer have any inadmissibility issues when entering Canada.

Hybrid Offences & How to Gain Entry into Canada

In order to successfully gain entry into Canada, you must not have any inadmissibility. Inadmissibility comes in many different forms; however, the most common reason is criminal inadmissibility. For individuals with hybrid offences, they may be able to gain entry into Canada or they may be denied entry into Canada. To avoid being denied entry into Canada, there are viable options for these individuals to overcome their criminal inadmissibility. Therefore, in this article, I will address what a hybrid offence is, what options are available to individuals with hybrid offences, and much more.

What are Hybrid Offences

First and foremost, it is important to recognize and thoroughly understand what hybrid offences are to better know what options are available to you to become admissible. Thus, when an individual is charged with offence, the Crown counsel will be the one to decide what offence you are ultimately charged with. The punishment that an individual will receive will depend on the type of offence they are charged with. For instance, depending on the offence, they can either receive a minimum or maximum penalty. Specifically, hybrid offences are unique compared to summary and indictable offences as hybrid offences are in between the two. Below, I will explain each offence in detail for you to better understand. 

Foreign Country’s Pardons Recognized in Canada

There are several foreign nationals all over the world that would like to visit Canada and experience what the country has to offer. However, should that foreign national have a criminal record or a criminal offence in their country of origin then the chances of them entering Canada is slim. In Canada, a foreign national will become inadmissible if they have a criminal history in or outside of Canada. In this article, I will be primarily speaking on behalf of criminal offences made outside of Canada and how this affects foreign nationals wishing to enter Canada. I will also discuss whether or not Canada will accept a foreign country’s pardon and if that individual would still be inadmissible to Canada if they do have a pardon.

Criminally Inadmissible to Canada

In Canada, if you have a criminal offence or a criminal history from a different country, you will be deemed criminally inadmissible to Canada and will not be permitted entry into Canada. Luckily, Canada also gives these inadmissible individuals the opportunity to overcome their inadmissibility to Canada by applying for a Criminal Rehabilitation application. In order to apply for a Criminal Rehabilitation, you must show sufficient evidence to Immigration that shows your convictions and the completion of any sentences of said convictions. You may also include any evidence that shows you have indeed changed your lifestyle for the better since the convictions.

Criminal Rehabilitation versus Temporary Resident Permit

Denied Entry to Canada for Criminal Record?

It is not easy to travelling to Canada with a past criminal record, you can be denied entry to Canada for criminal record that was over 40 years ago. If you have travel date in mind and not sure what steps you need to take to have successful entry into Canada then read our blog below. It will explain what steps you need to take to overcome your inadmissibility on temporary and permanent basis.

What is Criminal Rehabilitation?

Criminal Rehabilitation is a form of authorization to enter Canada issued for those who are not allowed to do so due to committing security or criminal offences outside of Canada which corresponds to serious offences in Canada and would bring about convictions if committed inside Canada. When a person applies for Criminal Rehabilitation he officially requests forgiveness for offences he committed in a foreign country. Once the application for Criminal Rehabilitation undergoes the process the result will be a permanent pardon; therefore, there would be no need to apply for TRP every time he/she wants to enter Canada and as long as the person does not re-offend

Denied Entry at Canadian Port of Entry

When travelling to Canada the immigration officer at the port entry has the right to refuse you entry based on the following grounds: past criminal convictions, health or financial problems, and security reasons. The immigration officer can simply deny you entry for a minor offence that was dated back over 30 years ago. These immigration officers are super cautious of who they will allow entry into Canada to ensure the safety of Canadian citizens.

So if you have major offence on record don’t even bother attempting at the port of entry without going in prepared or consulting with an immigration expert. For example, if you have a past assault or DUI charge and you have taken care of your inadmissibility in your country of citizenship but not in Canada then you will be refused entry as you have to take care of it on the Canadian side as well. Depending what is on your record, what you served for it and how long ago it was determines what type of application you need to apply for.