If you are applying for admission to Canada, you should remember that among the required documents in the process of emigration is a certificate of no criminal record. This document cannot be older than 3 months. A criminal record should be provided from every country where the applicant has been staying for more than 6 months. The nature of the stay is irrelevant here, e.g. tourist, student or employee visa. The emigration regulations require the original document to be delivered with a translation into English or French. The translation must be done by a sworn translator.
The purpose of the verification of the criminal record is primarily to facilitate the removal of dangerous foreign criminals and make it more difficult for those who pose a threat to Canadians to come to the country.
What if we have been convicted of crime?
If there are entries on a criminal record, this does not mean that the person in the vending machine will not be considered an illegal immigrant in Canada. Please note that not all the entries that may appear on the certificate will be considered an offence in Canada.
It is the responsibility of each immigration officer, during the examination of each application, to verify whether any entry is considered a criminal offence under applicable Canadian law. Examples include sentences passed in Polish courts for commercial matters, sentences for not paying a high number of fines, or sentences passed in Arab countries for indecent behavior. An emigration officer will ignore all such entries.
In Canadian law we are dealing with summary, punishable or hybrid crimes. The main difference between these crimes is the nature and severity of the crime and the amount of the sentence imposed, which determines whether a person will be admissible in Canada and whether a given criminal inadmissibility can be overcome.
Sometimes, an applicant may be able to get rid of an inadmissibility by applying certain exceptions provided by law, or when the reasons for inadmissibility cease to exist.
The applicant’s criminal record is the most common cause of inadmissibility. It depends mainly on the type of offense and the level of the sentence that has been awarded.
If an applicant is not admitted to Canada because of his or her criminal record, depending on the type of offense and the level of the sentence, he or she may seek to overcome the inadmissibility as follows;
1. Recognized Deemed Rehabilitation
The essence of this process is the time that has passed since the crime was committed. The process does not require any special applications, but only on conviction of the official that enough time has passed since the last crime was committed.
2. Individual Rehabilitation
This rehabilitation requires a special application and the official shall assess whether the person is already rehabilitated and may commit a new offense in the future
3. Record Suspension.
This procedure concerns sentences that have been passed in Canada. The basic condition for this is the period that has elapsed since the sentence was passed.
4. Temporary Resident Permit ( TRP ) IRPA s 24 ( 1 ).
Persons who have previously been denied entry to Canada after providing good reasons for their visit may obtain a temporary resident visa.
Canadian law stipulates that any decision taken by an immigration officer is discretionary. This means that the final decision is always the official’s. In practice, this means that sometimes in seemingly hopeless cases, but supported by a professionally written cover letter, the officer makes positive decisions for the applicant.
Therefore, never make a decision yourself on such an important issue as whether you will be admitted to Canada. Trust a professional immigration consultant to prepare your application and allow the immigration officer to comment on your case.
We have extensive experience in these types of cases and will help you overcome inadmissibility.
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