PR with criminal record possibilities.

[Margotte]

Hello all
I want to ask something, my brother in law intends to apply for PR through EE, he lived in USA 11 years ago where he was in jail for about 2 years thus he got criminal record there.
We have been investigating on CIC website and about this situation it states that you can be automatically “deemed rehabilitated” if the crime was commited more than 10 years ago, and it is a crime which in Canada wouldn’t have more than 10 years of impresioment.
Anyone who has knowledge of a case like this, where in spite of past criminal record was granted with PR can give suggestions? We tried to find similar cases but find nothing, no sure if nobody here has had a similar situation.
Thanks in advance

 

[scylla]

There's a good chance he'll still have to go through the rehabilitation process. We often see that IRCC still puts applicants through the rehab process even though they are technically deemed rehabilitated. This doesn't mean he'll be refused - it just means the overall process may take significantly longer. When he applies for PR, he should ensure he is 100% honest about his criminal history.

 

[Margotte]

There's a good chance he'll still have to go through the rehabilitation process. We often see that IRCC still puts applicants through the rehab process even though they are technically deemed rehabilitated. This doesn't mean he'll be refused - it just means the overall process may take significantly longer. When he applies for PR, he should ensure he is 100% honest about his criminal history.

Thank you for your thoughts.

 

[LifeDreamer]

Hello all
I want to ask something, my brother in law intends to apply for PR through EE, he lived in USA 11 years ago where he was in jail for about 2 years thus he got criminal record there.
We have been investigating on CIC website and about this situation it states that you can be automatically “deemed rehabilitated” if the crime was commited more than 10 years ago, and it is a crime which in Canada wouldn’t have more than 10 years of impresioment.
Anyone who has knowledge of a case like this, where in spite of past criminal record was granted with PR can give suggestions? We tried to find similar cases but find nothing, no sure if nobody here has had a similar situation.
Thanks in advance

The deemed rehabilitation is for minor offenses and it only applies if there is only one conviction in a person's lifetime. Usually people arrested in the US face multiple charges or 'counts' as they are called there, if this is the case then this exception may not apply.

I will need the following to give you an accurate assessment of your brother's admissibility and disclosure obligations for entry into Canada:

• The arrest year in which this incident happened and the original charges filed,
• The state statute section numbers under which the conviction or guilty plea was entered,
• Whether there have been a plea agreement or an alternative diversion program imposed
  
• The year in which the probation was completed and whether there are any pending fines or restitution payments, and
  
• Any other arrests, charges or convictions in your brother's history even if such cases were dismissed or stayed without a finding

 

[Margotte]

The deemed rehabilitation is for minor offenses and it only applies if there is only one conviction in a person's lifetime. Usually people arrested in the US face multiple charges or 'counts' as they are called there, if this is the case then this exception may not apply.

I will need the following to give you an accurate assessment of your brother's admissibility and disclosure obligations for entry into Canada:

• The arrest year in which this incident happened and the original charges filed,
• The state statute section numbers under which the conviction or guilty plea was entered,
• Whether there have been a plea agreement or an alternative diversion program imposed
  
• The year in which the probation was completed and whether there are any pending fines or restitution payments, and
  
• Any other arrests, charges or convictions in your brother's history even if such cases were dismissed or stayed without a finding

Hello there, thanks for your valuable response, He was arrested in 2005, and yes I guess he was charged with more than one conviction since he was arrested twice, once because his friend hit a secure guard and he was with him so he was in jail about 1 year and then for theft he paid 15 months more approximately in jail.
We now understand that the best choice is to apply for CR, the only thing that trouble us is to get all the docts that are requested to fill this application like docts related to his case, sentence etc, since he is not in USA anymore and doesn’t have docts about the arrest, I guess he got a document when he was released and deported in 2007 but I don’t know what it states.

 

[LifeDreamer]

Not really, being with a friend who committed assault doesn't count. The theft could be a minor offense depending on the value.
You will need to provide me with the statute numbers for these offenses.

Also, I will check what the expungement/record sealing possibilities are in that state. It may resolve the inadmissibility altogether without having to apply for CR which could take years to be approved.