You are in a situation where you or a foreign national wishing to visit as a visitor or worker and are having difficulty entering Canada. There are many reasons someone may be ineligible to enter Canada. If you or someone you know is denied entry to Canada due to a prior conviction, there are ways of overcoming this dreadful obstacle.
One such provision is criminal rehabilitation. Criminal rehabilitation allows those individuals with past convictions to enter Canada temporarily or even permanently. Foreign nationals may apply for criminal rehabilitation if:
- the offence was committed outside Canada
- a minimum of five years have passed since completion of the sentence
- the offence must be one which is recognized in Canada
- you must have been convicted of the offence or admitted to have committed the offence
For the purposes of criminal rehabilitation and assessing an application, officers may take several factors into consideration. Some of the factors may be specific to the offence including the type of offence and the number of convictions received. Other factors may be specific to the applicant, including their behavior or lifestyle. Along with the factors, the conditions of the sentence must be satisfied.
For those applicants seeking permanent residency and have a prior conviction, you must be considered rehabilitated in order to receive permanent resident status. Applicants seeking to stay in Canada temporarily have the option to pursue a Temporary Resident Permit (TRP) instead of criminal rehabilitation.
Those who committed a single, non-serious offence and more than 10 years have passed since the completion of any sentencing may be “deemed rehabilitated”. Canada makes such decisions depending on the type of offence.
At Akrami & Associates, we have the knowledge, skills and expertise to help you overcome your inadmissibility and come to Canada. We will help you address your needs as well as determine your possible options or how to proceed with your application.