US criminal record + study permit

[studentpermcan]

Hi all, I’ve posted this in the international student forum but thought maybe this place is more appropriate.
Double posting, to get your opinion on my friends situation.

They are a US citizen previously charged with reckless driving the US(dui downgraded to reckless) in 2022. Probation finished early 2024.
They are a medical professional who was accepted into a Canadian medical specialty program.
I understand this makes them criminally inadmissible since it has not been over 5 years but saw that they can try to apply for rehabilitation when applying for the study permit to see if they get a special exception.
Wondering if anyone has heard of previous experience of being approved for study permit in such cases ? Or is their case complicated that getting assistance from a lawyer more recommend ?
thank you!

 

[scylla]

Hi all, I’ve posted this in the international student forum but thought maybe this place is more appropriate.
Double posting, to get your opinion on my friends situation.

They are a US citizen previously charged with reckless driving the US(dui downgraded to reckless) in 2022. Probation finished early 2024.
They are a medical professional who was accepted into a Canadian medical specialty program.
I understand this makes them criminally inadmissible since it has not been over 5 years but saw that they can try to apply for rehabilitation when applying for the study permit to see if they get a special exception.
Wondering if anyone has heard of previous experience of being approved for study permit in such cases ? Or is their case complicated that getting assistance from a lawyer more recommend ?
thank you!

If you are inadmissible, you would only qualify to apply for rehabilitation once five years have passed from the date you completed your sentence, which would be 2029 for you.

There are no special exceptions for study permits.

I would recommend you get a consultation with a immigration lawyer in Canada to confirm that you are in fact inadmissible.

 

[studentpermcan]

Th

If you are inadmissible, you would only qualify to apply for rehabilitation once five years have passed from the date you completed your sentence, which would be 2029 for you.

There are no special exceptions for study permits.

I would recommend you get a consultation with a immigration lawyer in Canada to confirm that you are in fact inadmissible.

Thank you so much for your reply. I saw from the IRCC website that we can submit criminal rehabilitation as “information only” if 5 years have not passed since the offense.

If you need to come to Canada but cannot apply for rehabilitation because five (5) years have not passed since the end of the sentence imposed or you are not eligible to apply for a record suspension (formerly a pardon) for convictions in Canada, you may request special permission to enter or remain in Canada

Does this not apply for study permits and only for general visitor visas ?

 

[scylla]

Th


Thank you so much for your reply. I saw from the IRCC website that we can submit criminal rehabilitation as “information only” if 5 years have not passed since the offense.

Does this not apply for study permits and only for general visitor visas ?

The for information only rehabilitation application is to confirm if you are inadmissible or not or are deemed rehabilitated. This isn't an actual rehabilitation application. It just gives you information on your status as it relates to admissibility. You could use this to determine your admissibility vs talking to a lawyer however I'm not sure how long these requests take and it's possible you could be waiting many months for an answer. In other words, if you are inadmissible, submitting an information only request will only confirm that you are inadmissible. You can't submit the actual rehab application until five years have passed.

For your second question, what you are asking about is a TRP. This is a separate permit you would have to apply for. It's basically a permit that allows you to enter Canada while inadmissible if you have a high priority need for being in Canada. If you apply online, processing times are generally 2 years or more. If you are a US citizen, then you can try submitting your application at the border, in person.