Criminal Rehabilitation

[ashpash22]

Hello,
Just wondering what the process has been like for anyone who’s had to do the Criminal Rehabilitation for Canada? My partner did his in 2013 and he’s got is letter to say he’s cleared and we’re now applying for an offshore sponsorship visa and I’m curious if they’ll ask for the letter? They’ve just asked for Schedule A and Police Certificates which we have uploaded. We were going to upload the Rehab letter with it but there was no place to do so. Has anyone else been asked for this? Or is his rehabilitation something they should have on file and we don’t need to worry about? Cheers.

 

[thisisruss]

I am new to this forum but I also have received rehab confirmation letter from Immigration. I believe your best bet would be to include it in your application for PR. I included it in my original application as this is what I needed to prove my eligibility to enter Canada. I'm not sure if Immigration will request it until they start reviewing your eligibility. Someone more experienced might have a better insight. I have applied Inland.

 

[Maya Canada]

I am not a legal practitioner but just my take on the issue, and hope others could offer advice and help with your case.





In Canada, a young offender is someone who is 12 years of age or older but less than 18 years of age....certainly, your spouse been 19 as at the time of her crime cannot be considered a young offender and MAY be inadmissible since your spouse plead guilty and received a $200 fine for her misdemeanor.

If your spouse was convicted of or committed a criminal offence outside Canada which may make her inadmissible, your spouse may overcome this criminal inadmissibility by applying for rehabilitation.

If your spouse have convictions or offences outside of Canada, both an approval of rehabilitation and a pardon are required to overcome inadmissibility.

Rehabilitation will remove the grounds of criminal inadmissibility.

Someone is eligible to apply for rehabilitation if they have:

• committed an act outside of Canada and five (5) years have elapsed since the act;
• been convicted outside of Canada and five (5) years have passed since the end of the sentence imposed.

Determining inadmissibility:
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5312-rehabilitation-persons-inadmissible-canada-past-criminal-activity.html

Convictions in Canada and convictions or offences outside of Canada:
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5312-rehabilitation-persons-inadmissible-canada-past-criminal-activity.html

Inadmissibility:
http://www.cic.gc.ca/english/helpcentre/results-by-topic.asp?top=8

hi I need some advise - my spouse has been in Canada for several years without status a failed refugee claimant. He complied and left I submitted a sponsorship app in February 2018 he has a conviction of fraud Under in canada not for immigration related separately and during his immigration detention they used that time as time in jail he received 4 months sentence 36(1) b we provided all evidence of our marriage and various documents to prove our relationship we are worried will they approve the application for landing and or will he get a TRP we have been together for 17 years.

you may consult a Canadian immigration lawyer

Overcome criminal convictions

I have already research all of this info but I'm asking if any other applicants in the forum has been in this situation and what's the best approach and or how has their experience been in submitting a spousal sponsorship overseas application requesting for a TRP in the interim until 5 years pass for rehab. Can you direct me to forums specifically applicants in this category spousal sponsorship with criminality please? Thanks again.
Please reply

 

[Maya Canada]

Any advise you can provide please ?

 

[scylla]

Any advise you can provide please ?

I think the chances of any sort of temporary visa (including a TRP) being approved are nil due to the failed refugee claim and overstay. In my opinion he will have to wait until the PR visa is approved before he can return to Canada. The PR visa cannot be approved while he is inadmissible. So if a rehabilitation application is required, that will have to be successfully processed first. I would confirm with a good immigration lawyer that a rehab application is required since inadmissibility rules are somewhat different where the incident occurred in Canada.

To the best of my knowledge, he will also need an ARC to return since he is a failed refugee claimant.

 

[Maya Canada]

Scylla Thank you for your response, we do have a legal immigration lawyer with many years experience he advised to submit the spousal sponsorship and submitting evidentiary documentation of the genuine marriage along with submissions that over 10 years have passed since the conviction entered and that my spouse took / entered into a guilty plea since the criminal lawyer was not very helpful with the matter being dragged on. Submissions was also made for a TRP in the interim. I am aware an arc is required, from what I have heard the arc is usually dealt with / in conjunction with an application such as spousal sponsorship, the visa officer usually work on obtaining the arc for the applicant, I know the case is a little complexed because of the refugee claim and overstayed status but my spouse complied and CBSA made notes that my spouse has cooperated the conviction is minor and will be able to return within a year through a spousal sponsorship the notes were provided to us by CBSA. removal recovery fee and arc fees were paid along with spousal sponsorship application fees as required.

So bottom line from what you have mentioned - they may or won't ask to do rehab application and or even facilitate a TRP since PR may not be granted due to the conviction which is over 10 years ago in Canada ,,,,, based on the marriage and separation of spouse? my spouse was approved with a 10 year multiple entry visa for the US and have travelled to the states we spent time together there , I don't understand why Canadian laws are so stringent on genuine couples

Thanks for your help

 

[Maya Canada]

Any advise please thanks