Will a criminal record render your immigration application inadmissible?
Evidently, while applying for status in Canada, the Canadian Immigration authorities require full disclosure of any criminal records and convictions by the applicant. It is vital that the applicant remain truthful and disclose all criminal convictions that may be on record.
Visiting Canada with a criminal record is illegal unless you are a Canadian citizen. One would need to either apply for a temporary resident permit or submit an application Approval of Criminal Rehabilitation.
Temporary Resident Permit: A temporary resident permit may be granted for the purpose of either visiting Canada, working in Canada, or studying in Canada. The decision-making process by the Canadian authorities is discretionary and would be based on the level of proof provided by the applicant. The more reference letters that can be provided to vouch for your lawfulness as a good standing citizen and worker, the better. Furthermore, a genuine and deep personal statement will only work in one’s favor.
Processing times: Dependent on your country of origin.
Approval of Criminal Rehabilitation: In order to remove one’s potential inadmissibility into Canada due to a criminal record, the applicant must apply for an Approval of Criminal Rehabilitation which is a document given by Immigration Canada. Once issued, this document remains valid for life as long as they are no more future criminal convictions that arise. The application for Criminal Rehabilitation may only be submitted once the applicant has finished their full sentence MORE than five year prior to applying.
Processing times: About one year.
Deemed Rehabilitation: If the applicant only has a single misdemeanor on record, they may be deemed rehabilitated automatically if ten years have passed after they complete their full sentence.
Note: Urgent entry into Canada (for emergency reasons) is always possible through an emergency temporary resident permit application at the border.
For further information and on how to begin your application to enter Canada, please contact our law firm, it would be our pleasure to help!