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Criminality Issues for Visitors, Temporary Foreign Workers & Permanent Residents

saki

VIP Member
Apr 7, 2010
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Any person currently charged with or previously convicted of any criminal offence inside or outside of Canada may be prohibited from visiting, working, studying or applying for permanent residence in Canada. Even offences as seemingly minor as some moving traffic violations may render an individual inadmissible to Canada. Examples of convictions that could make a person inadmissible to Canada include: Driving Under the Influence (DUI), Driving With Ability Impaired (DWAI), Theft, Petty Theft/Larceny (Shoplifting), Assault, Disorderly Conduct, Obstruction of Justice.

There are, however, ways of coming to Canada despite having criminal convictions in the past:

Criminal Rehabilitation: If an individual was convicted of one or more offences and more than 5 years have elapsed since the completion of the imposed sentence(s), including probation, that person is eligible to submit an Application for Criminal Rehabilitation. This application involves providing information about the conviction(s) and providing proof that the applicant has been rehabilitated and is not likely to re-offend.

Temporary Resident Permit (TRP): If a person was convicted of an offence and less than 5 years has elapsed since the most recent conviction, the individual is technically criminally inadmissible to Canada. However a Temporary Resident Permit allows a person to be admitted to Canada for a specific purpose. This application involves showing why it is necessary for the applicant to enter Canada and why he or she is not a risk to Canadian society.

Deemed Rehabilitation: If an individual was only convicted of one offence and the equivalent Canadian offence does not carry a maximum sentence of 10 years or more, the person is deemed to have been rehabilitated. No application is required, but proof of completion of the sentence must be properly provided.

Non-Convictions: Some sentences such as deferred adjudication or conditional discharges are not considered convictions for the purposes of Canadian immigration. Because sentencing varies from state to state and country to country, each case must be examined on its own merits.

The misdemeanor-felony distinction in U.S. law is not an important distinction for the purposes of Canadian immigration, because even misdemeanor convictions may result in criminal inadmissibility for the purposes of Canadian immigration.
 

hamdbambeeno

Newbie
Jan 18, 2010
2
0
Hi there

I am in need of some help. I am an irish citizen currently waiting for our common law partner pr visa to be processed(in country) and i had the bad luck of been in a situation where a bouncer has claimed i assaulted him which is a complete joke but i have been brought forward for trial and from what my lawyers tell me is that i have an excellent case and a high chance of winning, however i am not at all happy to be in such a position and am worried beyond belief, how can this affect my visa application? and what are my options ? I would be grateful for any advice anybody has

Thanks
 

saki

VIP Member
Apr 7, 2010
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Hi,

I have already reply to your PM but putting it here as well, if you were not charged then you dont have any criminal record but if you were charged then do disclose this in your application and provide all the documents you have related to that, i dont think this is a big issue which could stop you from entering in Canada if you disclose.

Cheers
Saki
 

DEEVAL

Newbie
Feb 7, 2011
2
0
saki said:
Any person currently charged with or previously convicted of any criminal offence inside or outside of Canada may be prohibited from visiting, working, studying or applying for permanent residence in Canada. Even offences as seemingly minor as some moving traffic violations may render an individual inadmissible to Canada. Examples of convictions that could make a person inadmissible to Canada include: Driving Under the Influence (DUI), Driving With Ability Impaired (DWAI), Theft, Petty Theft/Larceny (Shoplifting), Assault, Disorderly Conduct, Obstruction of Justice.

There are, however, ways of coming to Canada despite having criminal convictions in the past:

Criminal Rehabilitation: If an individual was convicted of one or more offences and more than 5 years have elapsed since the completion of the imposed sentence(s), including probation, that person is eligible to submit an Application for Criminal Rehabilitation. This application involves providing information about the conviction(s) and providing proof that the applicant has been rehabilitated and is not likely to re-offend.

Temporary Resident Permit (TRP): If a person was convicted of an offence and less than 5 years has elapsed since the most recent conviction, the individual is technically criminally inadmissible to Canada. However a Temporary Resident Permit allows a person to be admitted to Canada for a specific purpose. This application involves showing why it is necessary for the applicant to enter Canada and why he or she is not a risk to Canadian society.

Deemed Rehabilitation: If an individual was only convicted of one offence and the equivalent Canadian offence does not carry a maximum sentence of 10 years or more, the person is deemed to have been rehabilitated. No application is required, but proof of completion of the sentence must be properly provided.

Non-Convictions: Some sentences such as deferred adjudication or conditional discharges are not considered convictions for the purposes of Canadian immigration. Because sentencing varies from state to state and country to country, each case must be examined on its own merits.

The misdemeanor-felony distinction in U.S. law is not an important distinction for the purposes of Canadian immigration, because even misdemeanor convictions may result in criminal inadmissibility for the purposes of Canadian immigration.


My case is this, i am a temporary foreign worker under the live-in caregiver program. i have been pulled over by an officer just recently and got a ticket for "failing to produce proof of insurance" though i have presented him a confirmation of the insurance policy with a copy of the temporary liability card that was 5days expired and because my "pink card" wasn't sent right away by the insurance company so i didn't have it at that moment.

If ever i will be applying for permanent residence later on, will this kind of NON-MOVING VIOLATION considered a ground for disapproval? and if i should put it in the Background Declaration as an offence/crime/charge?

Hope you can give me some answers. thanks a lot
 

kelKel

Champion Member
Apr 8, 2010
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Canada
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AOR Received.
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I'm pretty sure driving without your insurance card is not a criminal offence it's a provincial offence.
 

fariza

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Apr 7, 2010
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Very useful and relevant info bro.... As always from you.....good reading for a share
 

DJ_111

Full Member
Mar 12, 2010
29
17
If a person got inadmissible from UK 3 years back of not doing specific job of assigned workpermit. Can s/he apply for canada. Is there any prrofs required for that.
 
E

emmagail

Guest
I am in Canada, with 2 convictions, both over 10yrs ago. In a suspended sentence, is it the 3months that are counted, or is it the time the sentence was suspended for?
When entering, i was not asked anything at immigration. I didn't realize that DUI was considered criminal in Canada (NOWHERE on CIC site does it say that it is). Most counties class it as a Road traffic matter. I got summoned for no insurance too, but that didn't go to court and was squashed. Do i put it down on background form?


Would i deemed rehabilitated due to the passage of time? I am including an app for rehab with my app. (spousal, inland), but a letter too, asking to be deemed on H & C grounds (my wife and 2 children will stay here otherwise without me). will i just pay the 200, and if i am deemed rehab'd get a refund, or just the letter?
How long will that delay my app? Will it delay getting a TWP? or the entire process? Because of the extra time delay involved, is it better to hold off on the medical/police clearance as it could be expired?

thanks
 

Baloo

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Nov 30, 2009
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DJ_111 said:
If a person got inadmissible from UK 3 years back of not doing specific job of assigned workpermit. Can s/he apply for canada. Is there any prrofs required for that.
A bit more detail please.
 

Baloo

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Nov 30, 2009
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I didn't realize that DUI was considered criminal in Canada (NOWHERE on CIC site does it say that it is).
You did not see it, but it is there. BTW Canada is not most countries, laws are different.

http://www.cic.gc.ca/english/visit/inadmissibility.asp
http://www.cic.gc.ca/english/information/inadmissibility/who.asp
Specifically - "having been convicted of a crime, including driving while under the influence of drugs or alcohol"




I think that you would need the police certificate A.S.A.P to determine what is noted on your record.
The rehab checklist shows "A criminal clearance from the police authorities in all countries (including Canada) where you have lived for six consecutive months or longer since reaching the age of 18".
 
E

emmagail

Guest
I have the cert, no mention at all.
I never say that at the time. just read up that it was a summary, not indictable, then i learnt it was indictable for immigration purposes, then the panic set it!
The officer dropped the charges when he saw the insurance policy. I am still in the same boat regardless - hoping to be deemed rehabilitated, and applying to be deemed along with my wifes approval to sponsor, my PR app, Reinstatement of status (by the time i have all the details, i will need to), work permit

thanks
The rehab checklist shows "A criminal clearance from the police authorities in all countries (including Canada) where you have lived for six consecutive months or longer since reaching the age of 18".
[/quote]
 

arge

Newbie
Apr 29, 2011
1
0
hey guys, im about to apply for my WHP to do a snow season at whistler. I just recieved my police check in the mail and now im starting to stress. On my initial WHP application form I stated that i had no criminal charges, however I have got a charge dating back to when I was 16 yrs old that I thought would be wiped off my record when I turned 18. Should I change the application form to YES? If my application is sucessful I will be 24 when I arrive in Canada. The charge may make me inadmissable to the WHP program.

My question is, the charge was laid 8 years ago and I was a minor when it occurred. Will this be taken into consideration when my application is processed?

Any advice would be appreciated, thanks!