If you have a previous criminal conviction, you’re likely inadmissible to Canada, whether you know it or not. If this is the case for you, you may be surprised one day when you show up at the border and are denied entry into Canada. More than surprised though, you’ll likely be very upset. To avoid this happening to you, it is important to deal with your inadmissibility before attempting to cross the border. This can be done various ways; a temporary resident permit, or an application for criminal rehabilitation. A temporary resident permit is a temporary solution, whereas an application for criminal rehabilitation overcomes inadmissibility permanently, and allows individuals with criminal records to again become admissible travellers. Throughout this article, we will discuss how to apply for criminal rehabilitation, and who is eligible to do this!
Obviously, individuals with a criminal record can apply for criminal rehabilitation. Though, the charges on your record must have occurred at least a certain number of years ago, to be eligible for criminal rehabilitation. The number of years which must have passed from the time you successfully completed all the conditions of your sentence is dependent on the crime you committed in the first place. If you were convicted on a summary conviction, otherwise known as a misdemeanor in the Unites States, at least 5 years must have passed since the time you completed all the conditions of your sentence before you are eligible for criminal rehabilitation. Otherwise, if you were convicted of an indictable offense, or what would be known as a Felony in the United States, at least 10 years must have passed since you successfully completed all the conditions of your sentence. If you committed an offense which would have resulted in a prison sentence of at least 10 years, you will never be eligible for criminal rehabilitation.
To apply for criminal rehabilitation, you must address your criminal inadmissibility. You must prove your criminal past, is not a part of your present, and you are not a risk to Canadian society. You must show that despite the fact that there was an infraction in your past, this was a lack of good judgment and an isolated incident, and the offender complied with everything they were sentenced. You should collect police clearances from everywhere you’ve lived, and court dockets from the times you’ve attended court as a defendant. These will help the officers determine exactly what you were sentenced with, and when you completed each condition of your sentence. Then, you must prove you are an upstanding member of society, and have grown and matured since your criminal past.
Well, this is really up to each individual depending on their specific situation. The common way to prove this is by providing a detailed personal statement explaining how you have developed and why you are not a risk to Canadian society, and even directly asserting yourself as a productive, moral member of society. This, along with a few letters of reference from individuals who can say something good about you, serve to help strengthen your application. Other than these, individuals provide proof of charitable donations, community involvement, family obligations and essentially anything which shows they are a good person in their application. Depending on the ways you are involved in your community, you will create an application which reflects this.
First and foremost, a passport or travel document. Then, you’ll want to explain your purpose of travel to Canada, and provide documents to back up this explanation. Finally, you will want to include anything which pertains to your work involvement, such as a resume, and a letter from your employer confirming your work involvement. It is important to keep in mind, the more information and documentation that you provide to an Immigration officer, the better your chances of having a stronger case and will result in a better chance of approval. Where you cannot provide certain documents, it is highly recommended to provide an explanation as to why. This will show the Immigration officer that you have good intentions and would be willing to provide the documentation, but unfortunately you cannot.
It is essential that you have taken all of the aforementioned requirements and documentation into consideration if you are criminally inadmissible to Canada and would like to apply for a Criminal Rehabilitation application. Criminal Rehabilitation applications are difficult applications to pursue on your own and it is highly recommended that you seek out professional and experienced assistance before attempting to submit the application. Here, at Akrami & Associates, we work and have experience with many different immigration issues. We have helped many of our criminally inadmissible clients apply for a Criminal Rehabilitation. If you believe that you may be eligible, please feel free to contact Akrami & Associates at our office 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!
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