How To Overcome Criminal Inadmissibility
Have you been declared inadmissible to Canada because of a past criminal activity? The Canadian government determines criminal inadmissibility by equating foreign convictions and offenses to the Canadian law. However, there are many other factors that will determine whether you are inadmissible.
Have The Charges Been Withdrawn Or Dismissed?
If you have been charged of a criminal offense that occurred in Canada and the charges were withdrawn or dismissed, you will not be declared inadmissible. However, you can still be inadmissible if the charges are withdrawn so long as the offense occurred outside Canada.
Were You Granted Pardon?
If you were convicted of an offense that occurred in Canada but were granted a pardon under the Criminal Records Act, you are not inadmissible. However, you may be inadmissible even if you were granted pardon if the offense occurred outside Canada.
The immigration officer will need to review a number of documents including details of all the charges made against you, convictions, pardons and court proceedings. These documents will be reviewed by the IRCC to determine whether or not you are inadmissible to Canada.
Convictions As A Young Offender
You may be able to overcome criminal inadmissibility if you are considered a young offender. In Canada, young offenders are persons who are above 12 years of age and not more than 18 years.
You Will Not Be Considered Inadmissible To Canada If:
- You were convicted in Canada as a young offender under the Young Offenders Act or Youth Criminal Justice Act. The only exception is if you received an adult sentence.
- You were treated as a young offender in the country of conviction
- You were convicted for a crime in a country that has not put in place any special provisions for young offenders and the offense would not have been considered as an adult sentence in Canada.
There Are Two Ways To Overcome Criminal Admissibility For Offenses That Were Committed Outside Canada.
- You can apply for rehabilitation
- You can be deemed to be rehabilitated if 10 years have passed since you completed the sentence or since you committed the offence. However, the offence should be punishable in Canada by a maximum imprisonment term of less than 10 years.
You can also overcome criminal inadmissibility if you were convicted in Canada. You will need to request for a record of suspension from the parole board of Canada in order to be admissible to Canada. However, for you to be considered for a record suspension, a specific time period must have elapsed after the end of the sentence imposed.
Work With An Immigration Lawyer To Overcome Criminal Inadmissibility
There are various situations that may come in your way of being admitted to Canada if you have a record of conviction. For instance, if you have convictions or offenses both inside and outside of Canada, you may need to get an approval for rehabilitation as well as a pardon in order to overcome your inadmissibility. An immigration lawyer will help you gather adequate evidence if you need to file an immigration application in order to be granted permission to enter Canada with a past of convictions or offenses.
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