criminal rehabilitation - help!

[toniv]

I am a Canadian living in England and married to a Brit. We want to move to Canada but he has a criminal record, 4 minor offences all over 6 years old. I am having difficulting finding out if he needs to apply for criminal rehabilitaion in order to be eligible to immigrate with me. If he does, do we submit the application for rehabilitation first and wait until he receives this to apply for a family class sponsorship, or do we submit both applications together?

Any advice/help would be gratefully received.

 

[hscott4]

My sister
check the Penal codes of the offences in Britten and find the equivalent penal code in Canada if they R all Summary convictions in Canada then U R safe.
If they R not U can still apply and go threw Humanitarian Grounds
but to B safe I would do a conference call with an immigration lawyer in Canada with the penal codes in hand there U can ask him and let him do the equivalent penal codes in Canada then he could intelligently tell U whether U R safe R what U should do if U R not.
only cost about $300CDN
example of penal codes and equivalent USA 240.40 = disorderly conduct= misdemeanor. EQUIVALENT to Canada 173-179 = Summary conviction.

 

[patiently_waiting]

I am a Canadian living in England and married to a Brit. We want to move to Canada but he has a criminal record, 4 minor offences all over 6 years old. I am having difficulting finding out if he needs to apply for criminal rehabilitaion in order to be eligible to immigrate with me. If he does, do we submit the application for rehabilitation first and wait until he receives this to apply for a family class sponsorship, or do we submit both applications together?

Any advice/help would be gratefully received.

Hi there, for entry into Canada, you need to go through the criminal rehabilitation process for any crime you are charged with. If you look at this link, http://www.cic.gc.ca/english/information/applications/guides/5312E2.asp you will see that whether you go to prison, have a drink drive charge, or are sentenced to parole you must apply for criminal rehabilitation. There are no humanitarian programs outwith this, the only exception is a pardon.

Your partner is eligible to apply for this 5 years after the sentence has completed ie: after parole has been completed, after jail time or license suspension (in each case above). http://www.cic.gc.ca/english/information/applications/guides/5312E4.asp

Hope this helps

 

[rjessome]

Hi there, for entry into Canada, you need to go through the criminal rehabilitation process for any crime you are charged with. If you look at this link, http://www.cic.gc.ca/english/information/applications/guides/5312E2.asp you will see that whether you go to prison, have a drink drive charge, or are sentenced to parole you must apply for criminal rehabilitation. There are no humanitarian programs outwith this, the only exception is a pardon.

Not exactly. If it was one summary offence (not indictable or hybrid according to the Criminal Code of Canada) they "may" not considered inadmissible. It depends on the offence and circumstances and the applicant would have to argue it. However, in the OP's situation, Section 36(2)(b) of the Act applies which states:

having been convicted outside Canada of an offence that, if committed in
Canada, would constitute an indictable offence under an Act of Parliament,
or of two offences not arising out of a single occurrence that, if committed in
Canada, would constitute offences under an Act of Parliament

However, the Regulations provide the following relief:

An applicant convicted outside Canada (of two or more offences not arising out of a
single occurrence that, if committed in Canada, would constitute summary conviction offences
under any Act of Parliament) may be deemed rehabilitated if five years have elapsed since the
sentences imposed were served and they have not been convicted of a subsequent offence other
than an offence designated as a contravention under the Contraventions Act or an offence under
the Young Offenders Act [R18(2)(b)]

patiently_waiting, you are right to assume that based on the link you provided that any crime would make a person inadmissible. However, all of those guides are based on the Act and Regulations and sometimes you need to go to the source to get specifics.

And a further note regarding H&C, any family class applicant can ask for H&C relief as long as they are deemed a member of the family class. If the OP's husband was unable to apply for rehab, they could ask for H&C considerations to overcome the inadmissibility and be granted a TRP until they are eligible to apply for rehab and be sponsored. The OP needs a careful assessment of their application before applying so they know what they can ask for and they must ask for it at the outset.

 

[eyeoftheocean]

Not exactly. If it was one summary offence (not indictable or hybrid according to the Criminal Code of Canada) they "may" not considered inadmissible. It depends on the offence and circumstances and the applicant would have to argue it. However, in the OP's situation, Section 36(2)(b) of the Act applies which states:

having been convicted outside Canada of an offence that, if committed in
Canada, would constitute an indictable offence under an Act of Parliament,
or of two offences not arising out of a single occurrence that, if committed in
Canada, would constitute offences under an Act of Parliament

However, the Regulations provide the following relief:

An applicant convicted outside Canada (of two or more offences not arising out of a
single occurrence that, if committed in Canada, would constitute summary conviction offences
under any Act of Parliament) may be deemed rehabilitated if five years have elapsed since the
sentences imposed were served and they have not been convicted of a subsequent offence other
than an offence designated as a contravention under the Contraventions Act or an offence under
the Young Offenders Act [R18(2)(b)]

patiently_waiting, you are right to assume that based on the link you provided that any crime would make a person inadmissible. However, all of those guides are based on the Act and Regulations and sometimes you need to go to the source to get specifics.

And a further note regarding H&C, any family class applicant can ask for H&C relief as long as they are deemed a member of the family class. If the OP's husband was unable to apply for rehab, they could ask for H&C considerations to overcome the inadmissibility and be granted a TRP until they are eligible to apply for rehab and be sponsored. The OP needs a careful assessment of their application before applying so they know what they can ask for and they must ask for it at the outset.

MMMMMM interesting ! I never knew about the H&C grounds in family class if you were unable to apply for rehab.