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Pardons outside Canada Does Always Mean Admissable

Posted in Criminal Rehabilitation

If you have received a foreign pardon, it does not necessarily mean that you are admissible to Canada. The following factors must be taken into account:

  • if the country's legal system is based on similar foundations and values as Canada's, the foreign legislation must be examined to determine whether the effect of the pardon is to erase a conviction or merely recognize that rehabilitation has taken place. In the latter case,the applicant is inadmissible and an application for rehabilitation should proceed;
  • in the vast majority of cases, the applicant should be able to produce a copy of the pardon;
  • the UK Rehabilitation of Offenders Act automatically pardons eligible individuals without the person having to apply, if the person has been sentenced to a term of imprisonment of less than 30 months;
  • Canadian courts are not bound by a pardon in which there is an absence of evidence as to the motivating considerations that led to the grant of a pardon by another state jurisdiction

Also check our site dedicated for Denied Entry to Canada and Criminal Rehabilitation

Tags: Criminal Rehabilitation Denied entry to Canada Canadian Temporary Residence Canadian Immigration Pardons outside Canada Does Always Mean Admissable

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