Criminal Inadmissibility
Dec 2nd 2004, 12:53 pm
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Criminal Inadmissibility
This might be of help to those that have done some mischieve in the past, found it on an immigration site.
CRIMINAL INADMISSIBILITY
Citizenship and Immigration Canada (CIC) ensures that people entering Canada respect our laws and do not threaten the security and health of Canadians. Canada's new Immigration and Refugee Protection Act changed the rules that allow people who have been convicted of a crime or who have committed a criminal offence in Canada or abroad to enter Canada.
Can foreign nationals who have been convicted of a crime or who have committed a criminal offence ever be allowed into Canada?
Such people may be allowed to enter Canada in the following situations.
They are able to satisfy an immigration officer that they meet the legal requirement to be deemed rehabilitated; or
They have applied for rehabilitation and their application has been approved; or
They have obtained a temporary resident permit; or
They have obtained a pardon from the National Parole Board of Canada if the criminal offence was committed in Canada, or they have obtained a foreign pardon recognized in Canada.
Any activity that is considered a criminal offence in Canada, such as driving while under the influence of a substance such as alcohol, may prevent you from entering into Canada, even if the activity was not considered criminal in the country where it was committed.
What is rehabilitation?
For the purposes of the Immigration and Refugee Protection Act, rehabilitation means that the person who has offended in the past is unlikely to be involved in any further criminal activity. Rehabilitation therefore removes the grounds of criminal inadmissibility.
Who is "deemed rehabilitated"?
Foreign nationals who have been convicted of a single indictable offence or who have committed a single indictable offence outside Canada will be deemed rehabilitated under the following conditions.
Ten years have passed since the completion of their sentence or since the offence was committed; and
The offence which they committed would be punishable in Canada by a maximum term of imprisonment of less than 10 years; and
They have not been convicted of, or committed, any additional offences at the time of their examination.
Foreign nationals who have been convicted of two or more summary offences either in or outside Canada will be deemed rehabilitated if
five years have passed since the sentences were served or were to be served; and
they have not been convicted of any other offences at the time of their examination.
Who can apply for rehabilitation?
Foreign nationals who have been convicted of a criminal offence or who have committed a criminal act or an omission and to whom the "deemed rehabilitated" provisions do not apply may be eligible to apply for rehabilitation under the following conditions.
They committed a criminal act or an omission outside Canada and five years have passed since the act or omission.
They were convicted outside Canada and five years have passed since the end of the sentence.
The application for rehabilitation can be made through Canadian visa offices abroad. In some circumstances, applications can be made at a Canadian border point, although people are advised to inquire about it before seeking entry as they may be refused entry at the border. If an application for rehabilitation is approved, notification is provided. The notification will give the details of the rehabilitation, thereby assisting entry into Canada.
Who can apply for a temporary resident permit?
If justified by compelling circumstances, foreign nationals who are inadmissible to Canada-including people who have a criminal conviction -- may be issued a temporary resident permit allowing them to enter or remain in Canada.
Can foreign nationals enter Canada if they have been pardoned?
Foreign nationals who have been convicted of a single indictable offence in Canada, but who have obtained a pardon from the National Parole Board of Canada may no longer be inadmissible on criminal grounds and may be allowed to enter Canada. Foreign nationals who have received a foreign pardon recognized in Canada may also be admissible to Canada.
CRIMINAL INADMISSIBILITY
Citizenship and Immigration Canada (CIC) ensures that people entering Canada respect our laws and do not threaten the security and health of Canadians. Canada's new Immigration and Refugee Protection Act changed the rules that allow people who have been convicted of a crime or who have committed a criminal offence in Canada or abroad to enter Canada.
Can foreign nationals who have been convicted of a crime or who have committed a criminal offence ever be allowed into Canada?
Such people may be allowed to enter Canada in the following situations.
They are able to satisfy an immigration officer that they meet the legal requirement to be deemed rehabilitated; or
They have applied for rehabilitation and their application has been approved; or
They have obtained a temporary resident permit; or
They have obtained a pardon from the National Parole Board of Canada if the criminal offence was committed in Canada, or they have obtained a foreign pardon recognized in Canada.
Any activity that is considered a criminal offence in Canada, such as driving while under the influence of a substance such as alcohol, may prevent you from entering into Canada, even if the activity was not considered criminal in the country where it was committed.
What is rehabilitation?
For the purposes of the Immigration and Refugee Protection Act, rehabilitation means that the person who has offended in the past is unlikely to be involved in any further criminal activity. Rehabilitation therefore removes the grounds of criminal inadmissibility.
Who is "deemed rehabilitated"?
Foreign nationals who have been convicted of a single indictable offence or who have committed a single indictable offence outside Canada will be deemed rehabilitated under the following conditions.
Ten years have passed since the completion of their sentence or since the offence was committed; and
The offence which they committed would be punishable in Canada by a maximum term of imprisonment of less than 10 years; and
They have not been convicted of, or committed, any additional offences at the time of their examination.
Foreign nationals who have been convicted of two or more summary offences either in or outside Canada will be deemed rehabilitated if
five years have passed since the sentences were served or were to be served; and
they have not been convicted of any other offences at the time of their examination.
Who can apply for rehabilitation?
Foreign nationals who have been convicted of a criminal offence or who have committed a criminal act or an omission and to whom the "deemed rehabilitated" provisions do not apply may be eligible to apply for rehabilitation under the following conditions.
They committed a criminal act or an omission outside Canada and five years have passed since the act or omission.
They were convicted outside Canada and five years have passed since the end of the sentence.
The application for rehabilitation can be made through Canadian visa offices abroad. In some circumstances, applications can be made at a Canadian border point, although people are advised to inquire about it before seeking entry as they may be refused entry at the border. If an application for rehabilitation is approved, notification is provided. The notification will give the details of the rehabilitation, thereby assisting entry into Canada.
Who can apply for a temporary resident permit?
If justified by compelling circumstances, foreign nationals who are inadmissible to Canada-including people who have a criminal conviction -- may be issued a temporary resident permit allowing them to enter or remain in Canada.
Can foreign nationals enter Canada if they have been pardoned?
Foreign nationals who have been convicted of a single indictable offence in Canada, but who have obtained a pardon from the National Parole Board of Canada may no longer be inadmissible on criminal grounds and may be allowed to enter Canada. Foreign nationals who have received a foreign pardon recognized in Canada may also be admissible to Canada.
