Criminal Rehabilitation & Authorization to Return
If you have been charged for a crime, which prevents you from applying to immigrate to Canada, we may be able to help. On another note, if you have been deported from Canada, we offer help with receiving an authorization to return to Canada.
Criminal Rehabilitation
Under normal circumstance, a foreign national may not be admissible to enter or apply for a Canadian immigration application if he/she has a criminal record.
In this situation, applicants would need to apply for criminal rehabilitation and wait for approve, before moving on with their Canadian immigration applications. Once their criminal rehabilitation application is approved, their previous criminal offences will not hinder their future applications or entry to Canada.
Before applying for criminal rehabilitation, it is important to identify the Canadian equivalency of the crime that was committed outside of Canada. Once the penalties, seriousness of the crime, and equivalent punishment under Federal Act of Parliament has been identified, we can determine if you are eligible to apply for criminal rehabilitation and/or if it is required.
Offences where a maximum sentence of ten years or more can be imposed are considered serious criminality. The maximum sentence that can be imposed under that criminal code establishes if it is a serious criminal offence or not.
If the person has been convicted of a serious criminality, he/she must apply for criminal rehabilitation, However, it can only be applied after 10 years have passed since the completion of all sentences, probationary periods, and fines.
Many non-serious offences like DUI or minor assault etc. may render you criminally inadmissible to enter Canada.
If the person has been convicted of a non-serious criminality, he/she may have to apply for criminal rehabilitation, However, it can only be applied after 5 years have passed since the completion of all sentences, probationary periods, and fines.
If the offence was a small infraction and it is the only one offence that occurred in your lifetime, you have been deemed rehabilitated if 5 years have passed since the completion of all sentences, probationary periods and fines.
Since an act in a foreign country must be evaluated in a Canadian context, a DUI may be considered a serious crime and punishable by up to 10 years of imprisonment. It is no longer an offense that will be deemed to have been rehabilitated after 10 years. Therefore, you could be denied entry to Canada even if your DUI happened over 10 years ago,
We can help in assessing and determining if you are criminally inadmissible or not and apply for criminal rehabilitation if you are eligible.
Authorization to Return to Canada
A foreign national may need to submit an Authorization to Return to Canada (ARC) application if he/she wants to return to Canada, after having to leave under certain circumstances. If the applicant was issued a removal order from Canada, the approval will depend on the type of removal order that was issued.
If you were issued a Deportation Order, you must apply for authorization to return to Canada- If you were issued an Exclusion Order and have a Certificate of Departure, you do not have to apply for an authorization to return to Canada if you return after 12 months. However, you must apply for it if you want to return to Canada earlier than 12 months.
- If you were issued a Departure Order, left Canada within the given 30 days notice, and also informed an Immigration officer at the time of exit about leaving Canada, you do not have to apply for an authorization to return to Canada. If the above steps are not executed, the Departure Order becomes a Deportation order. In this situation, you must apply for authorization to return to Canada.
At Takarra, we can check if you require authorization to return to Canada and apply on your behalf.
Subscribe to our Blog for Updates
Licensing & Accreditation
Quick Links
Copyright © 2024 - All rights reserved | Takarra.com