overcoming criminal inadmissibility

[Alexia]

Good morning,
I have a question regarding Overcoming criminal inadmissibility.
My husband and I have decided to move to Canada, to re-unite with our family. We are both Australians.
However he has a traffic offence and he is still unable to apply for Rehabilitation..
I found on CIC website a note saying:

Temporary resident permit
If less than five years have passed since the end of the criminal sentence, or if justified by compelling circumstances, foreign nationals who are inadmissible to Canada, including people who have a criminal conviction, may be issued temporary resident permits allowing them to enter or remain in Canada


What can we do to get the visa? Also, if his traffic offence considered SPENT, does he still need to wait for 5 years after sentence completes?
Thank you

 

[simplesimon]

Do you mean a traffic offence like car accident or was there a fatality ? in which case it would be a criminal offence.

 

[Alexia]

Hi, I mean a drink driving offence, which is considered to be criminal offence....
I know it's a criminal offence. But I just want to know what are the chances of getting at least temporary resident visa with this record ( see earlier post)

 

[PMM]

Hi

Hi, I mean a drink driving offence, which is considered to be criminal offence....
I know it's a criminal offence. But I just want to know what are the chances of getting at least temporary resident visa with this record ( see earlier post)

Close till nil, until 5 years have passed since the completion of the sentence, and then you would require criminal rehabilitation. Inadmissible both as an immigrant and visitor.

PMM

 

[Alexia]

Thank you for your reply. But if the chances are NILL, why do they write on their website saying that Inadmissible person can apply for Temporary Resident Permits?

Temporary Resident Permits for Persons Who Are Inadmissible or Otherwise Ineligible
There are situations where a foreign national is not entitled to enter as a temporary resident because he or she is inadmissible or otherwise fails to meet the requirements of the IRPA. In such situations, it is still possible to enter Canada as a temporary resident provided that the foreign national is issed a temporary resident permit (formerly known as a "Minister's Permit").

According to Section 24(1) of the IRPA, a foreign national who is inadmissible or does not meet the requirements of the IRPA may still become a temporary resident if the officer believes that it is justified under the circumstances and issues a temporary resident permit, which may be cancelled at any time.

According to Section 63 of the IRPR, a temporary resident permit is valid until any one of the following events occurs:

A permit is cancelled under subsection 24(l) of the IRPA;

The permit holder leaves Canada without obtaining prior authorization to reenter Canada;

The period of validity specified on the permit expires; or

A period of three years elapses from its date of validity.

 

[PMM]

Hi

quote author=Alexia link=topic=23235.msg124849#msg124849 date=1249602915]
Thank you for your reply. But if the chances are NILL, why do they write on their website saying that Inadmissible person can apply for Temporary Resident Permits?

Temporary Resident Permits for Persons Who Are Inadmissible or Otherwise Ineligible
There are situations where a foreign national is not entitled to enter as a temporary resident because he or she is inadmissible or otherwise fails to meet the requirements of the IRPA. In such situations, it is still possible to enter Canada as a temporary resident provided that the foreign national is issed a temporary resident permit (formerly known as a "Minister's Permit").

According to Section 24(1) of the IRPA, a foreign national who is inadmissible or does not meet the requirements of the IRPA may still become a temporary resident if the officer believes that it is justified under the circumstances and issues a temporary resident permit, which may be cancelled at any time.

According to Section 63 of the IRPR, a temporary resident permit is valid until any one of the following events occurs:

A permit is cancelled under subsection 24(l) of the IRPA;

The permit holder leaves Canada without obtaining prior authorization to reenter Canada;

The period of validity specified on the permit expires; or

A period of three years elapses from its date of validity.



[/quote]

They will issue TRPs to spouses of Canadian citizens, who are in the process of being sponsored, and have applied for rehabilitation. If you are not a Citizen nor a PR then, CHC will not issue a TRP in most instances.

PMM

 

[Alexia]

Thanks again,
but it doesn't make sense, if you sentence is up and person has applied for rehibilitaion ( which only takes 4- 6 weeks for drink driving offence), there is not much point to apply to TRP.
They specify on the website that you can get this visa if you are still unable to apply for rehibilitaion ...

 

[PMM]

HI

Thanks again,
but it doesn't make sense, if you sentence is up and person has applied for rehibilitaion ( which only takes 4- 6 weeks for drink driving offence), there is not much point to apply to TRP.
They specify on the website that you can get this visa if you are still unable to apply for rehibilitaion ...

Rehab in 4-6 weeks? Never in a million years. You are usually talking months or longer. If the applicant is not eligible for rehabilitation, namely 5 years haven't past since the completion of the sentence, they can apply for rehab for information purposes only. At that point an IO will make a decision if there are compelling reasons that the person should be admitted to Canada. If so then, a TRP may be issued.
http://www.cic.gc.ca/english/information/applications/rehabil.asp

PMM

 

[Alexia]

http://www.canadainternational.gc.ca/australia-australie/visas/police_certificates-certificats_police.aspx?lang=eng

Apply for Criminal Rehabilitation at the Sydney OfficeTo make an application for Rehabilitation to the Sydney office if you are inadmissible to Canada under A36(1)(b) or A36(2)(b) of Canada's Immigration and Refugee Protection Act and are eligible to apply, you must:.......


Processing time for A36(1)(b) type cases is a minimum of 12-18 months.
Processing time for A36(2)(b) type cases is a minimum of 4-6 weeks.

 

[PMM]

Hi

http://www.canadainternational.gc.ca/australia-australie/visas/police_certificates-certificats_police.aspx?lang=eng

Apply for Criminal Rehabilitation at the Sydney OfficeTo make an application for Rehabilitation to the Sydney office if you are inadmissible to Canada under A36(1)(b) or A36(2)(b) of Canada's Immigration and Refugee Protection Act and are eligible to apply, you must:.......


Processing time for A36(1)(b) type cases is a minimum of 12-18 months.
Processing time for A36(2)(b) type cases is a minimum of 4-6 weeks.

Except the spouse is not eligible for rehabilitation, please read the first statement

To make an application for Rehabilitation to the Sydney office if you are inadmissible to Canada under A36(1)(b) or A36(2)(b) of Canada's Immigration and Refugee Protection Act and are eligible to apply He can only submit a rehab for "information purposes only"

PMM

 

[Alexia]

Thanks PMM..
just hard to believe how tough they are...
Even Australian goverment isn't as tough..

 

[Bigmo]

Thanks PMM..
just hard to believe how tough they are...
Even Australian goverment isn't as tough..

How would they know about this offense anyways?

 

[PMM]

Hi

Thanks PMM..
just hard to believe how tough they are...
Even Australian goverment isn't as tough..

How would they know about this offense anyways?

Everyone has to submit police criminal records checks from every country/state they have lived in since the age of 18.