If you are an overseas
citizen who has been convicted of a crime or has been arrested, you may be
regarded as inadmissible to Canada on criminal grounds. This is if your offense
is equal to a punishable offense which is regarded as a serious crime. In this
case, you will need permission for entering Canada.
Options for overcoming
inadmissibility due to criminality
You have three options
to arrive in Canada if you wish to overcome inadmissibility due to criminality:
· Submitting an
application for Temporary Resident Permit
· Submitting an
application for Criminal Rehabilitation
· Letter of Legal
Opinion
Temporary Resident Permit
A TRP - Temporary
Resident Permit offers provisional access to Canada for a specific time period.
Based on the entry reason, it can be approved for a maximum of 3 years. TRP is
utilized in circumstances when a visitor has a genuine reason for arriving in
Canada and their arrival benefits surpass any risks to Canada. Application for
TRP can be filed at any time and completion of a criminal sentence is not
needed.
Some examples
explaining TRP application requirements are:
· The individual
has been convicted overseas for a crime which if committed in Canada
corresponds to a punishable offense with a sentence of fewer than 10 years
· The individual
has been convicted overseas for a crime which if committed in Canada
corresponds to a hybrid offense with a sentence of fewer than 10 years. Hybrid
offenses can be prosecuted in Canada either by indictment or summary process.
· The individual
has been convicted of 2 or plus crimes which if committed in Canada corresponds
to 2 summary offences
Criminal Rehabilitation
The application for Criminal Rehabilitation can be
filed with the Government of Canada for permanently clearing your previous
history of crime before arriving in Canada. The advantage of this application
is that it is a one-time solution that does not need renewal. After you get the
authorization for criminal rehabilitation, you are not regarded as inadmissible
anymore.
You have to fulfill
the following criteria for becoming qualified for Criminal Rehabilitation:
· The act must have
been committed overseas which has to correspond to an offense as per the
Criminal Code in Canada
·
Must
have been convicted or accepted having committed the act
· 5 years must have
been passed after the completion of the sentence inclusive of probation,
community service, fine or jail times
Legal Opinion Letter
If you have been
convicted of or committed a crime, it is possible to avoid preemptively being
found inadmissible to Canada by filing a Letter of Legal Opinion. It is a
document prepared by an Immigration Lawyer. It has reference to suitable
provisions of the law in Canada for explaining the consequences of a verdict
for guilty or finding that the individual has committed a criminal act as per
the immigration law in Canada.
If you wish to
overcome criminal inadmissibility to Canada or file a PR Visa application
contact New Land Visas the Canada Immigration Best Consultants.
