Hello forum member. I have been offered an assistant professor position to a University in Sask (start date September 2021). I have a felony conviction in the US (Sexual Assault) dating back to 1994. I was sentenced in 2001 to 20 years with 18 suspended. I was incarcerated for one year and was released. I completed my probation in 2015 and my entire sentence on June 9th, 2016. I havre other conviction and have maintained a track recored of success working in higher education. What are the odds of gaining a work permit and eventually permanent residency? Who are the experienced immigration lawyers to help facilitate achieving immigration to Canada?
US Felony Conviction - Job Offer an Canadian University - Work Permit
- Thread starter BorderTown2021
- Start date
Hi
1. As your conviction is considered serious criminality, you are inadmissible to Canada.
2. You would have to apply for Criminal Rehabilitation, which is a slow and costly procedure. CIC may consider a TR(Permit) but issuance is not guaranteed.
3. The instructions are here: https://www.canada.ca/en/immigratio...n-inadmissible-persons-criminal-activity.html
1. As your conviction is considered serious criminality, you are inadmissible to Canada.
2. You would have to apply for Criminal Rehabilitation, which is a slow and costly procedure. CIC may consider a TR(Permit) but issuance is not guaranteed.
3. The instructions are here: https://www.canada.ca/en/immigratio...n-inadmissible-persons-criminal-activity.html
I think most unversity/school do a background check when they hire. Not sure about that Unversity that you applied to.
Is that a public unversity? I am surprised that they didn't ask anything on your history.
You can click on the "campbellcohen" in the top left hand corner of the forum, reach out to this legal team, and ask for a consult.
Pre-pandemic, Americans were able to drive to the border to submit a rehab application which typically meant faster processing (a few weeks to 4 months). I don't know if this is still possible with COVID restrictions in place. Applying for rehab online will most likely leave you waiting for a response far longer than your September 2021 start date for the job.
Similarly, TRPs are taking a very long time to process right now (8+ months based on experiences on this forum). So you can try that approach but high risk it won't be completed for September.
Start with the legal consult. Get that done asap. I would say there's a pretty high chance you'll need to have a conversation about this with your Canadian employer since there's a good chance your felony is going to impact your ability to get the work permit approved in time.
Thanks for the honest assessment. I will seek counsel immediately. Any insight on Canadian cases of rehabilitation success with similar conditions?
Public University. I was also surprised yet ready to discuss this issue. It is probably in my best interest to have a conversation about it with my employer as soon as possible. Thanks
I can't comment on that. Your charges are certainly more complex than a simple DIU. Best to start working with a very good Canadian immigration lawyer as soon as you can.
EDIT: I just saw that you may have additional convictions on top of this one. If that's the case, I would say you should be expecting long processing times for the rehab application. We've seen processing times here of anywhere from a few weeks to over a year.
@Kaibigan Thanks for the honest evaluation. This is an odd situation as the charge generally does not show up on a background check. I have worked in the US for a University without issue, even with the institution aware of the conviction yet your advice seems sound just in case the Institutions does take issue.