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ToggleImmigration into Canada is a privilege that opens up many great opportunities but with many responsibilities, too. One critical aspect of maintaining immigration status involves adherence to the laws of the land. Convictions may make it more complicated for a newcomer to obtain permanent residency and/or could result in deportation. In this respect, understanding how criminal convictions affect immigration could be an absolute necessity for one who seeks the immigration avenues within Canada.
Criminal Inadmissibility
Canada has some of the most stringent immigration laws with regard to criminal records. A person could be found criminally inadmissible for having committed a criminal offense either within Canada or outside of Canada, if the offense is recognized as an equivalent offense under Canadian law. Assault, theft, and DUI are common examples of the types of crimes that will make someone inadmissible. Even relatively minor infractions in other countries can have major immigration consequences in Canada. In all such cases, early consultation with a qualified Mississauga criminal lawyer will pay dividends.
Delays/Refusals in Permanent Residency
Those who apply for permanent residency have to cross huge barriers regarding criminal conviction. IRCC runs exhaustive background checks, and such a record may delay or completely void the application. Most of these convictions that lead to inadmissibility require an applicant to take remedies through the law, such as criminal rehabilitation or temporary resident permits. Without such steps, the dream of an applicant to be a permanent resident may be put on hold indefinitely.
Deportation and Loss of Immigration Status
For those already permanent residents or other immigrants, criminal convictions can bring about a loss of their immigration status to the point of their removal from Canada. Violent crimes or fraud-type of offences, among some others, are considered to belong to that class of offences that is serious enough to be grounds for removal. Even permanent residents, normally immune from deportation, can also be stripped of their status in the case where the conviction constitutes “serious criminality.” The impact is not restricted to the automatic loss of status, as often the deportation orders may prevent one from re-entering Canada for a number of years, if at all.
How Criminal Rehabilitation Can Help
Those who are found criminally inadmissible have an opportunity to overcome this by applying for a thing called criminal rehabilitation. This is the process of being able to prove that one has rehabilitated himself or herself and is no longer a risk to Canadian society. Applications for criminal rehabilitation are generally submitted to the Canadian government with extensive documentation, evidence of rehabilitation, and letters of support. Eligibility for rehabilitation includes, but is not limited to, the type of crime, the severity of conviction, and how much time has elapsed since the sentence was served.
Temporary Resident Permits
Where an individual is otherwise inadmissible, but has a justifiable reason for coming into Canada, a TRP might be issued in their favor. Being issued on a case-by-case basis, only where the benefits of admission outweigh the risks to the Canadian society, a TRP is a temporary remedy to the inadmissible persons but not a long-term solution. //. Applicants will have to reapply for a TRP every time they want to enter Canada unless they address their criminal inadmissibility through other legal avenues.
Family Sponsorship and Criminal Records
It will also affect sponsorship applications to immigrate under one of Canada’s family reunification programs. There are certain conditions placed on sponsors, including that they must not have criminal convictions for things such as violence against a family member or sex abuse of a child. In turn, a family member being sponsored who has a criminal record can also be considered inadmissible. It is very important to understand these rules in order to smoothly go through the sponsorship process without any delays or refusals.
Importance of Clean Records in Immigration Appeals
For most with criminal convictions that can render them deportable or inadmissible, an appeal of an immigration decision may be their last line of defense. A good history of behavioral modification after the conviction will, therefore, play a very important role in an appeal. What is generally considered by the immigration office and the boards of appeal is whether the alien was rehabilitated and integrated into society. Evidence of repentance, sentences served, rehabilitation programs completed, and good conduct might support the appeal and cancel deportation.
There is a long list of possible negative outcomes that may befall an immigrant upon conviction of any form of criminal offense here in Canada, and immigration lawyers provide professional opinions to immigrants on options relating to criminal rehabilitation, TRPs, and the realization that good moral character will impact whether they face or avoid serious deportation from the country. This complex junction of immigration and criminal law can be crossed, but such challenges will be very hard to overcome for a future here in Canada without the right information and support.