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Criminal Records VS Canadian Immigration

The Canada has an Immigration law and we all know the Canada is known as a peaceful country and its people are generous with their fellow citizens. The Canadian Immigration had flexible rules before the Conservative government got full majority and gained the power. The latest changes are coming in the Immigration act and some critics are saying this much strictness will effect on Immigration and the latest news are saying the Asian Immigration is reduced Or they are not Interested to take Canadian Immigration as per strictness but Canada never give any exception for its security and to the criminal records person. There is a review about criminal records vs. Canadian Immigration according to the law. The information is collected from Pardons Canada that is a non –profit federal organization who is helping Canadians removes Criminal Records.

Visitors

It is illegal to visit Canada if you have criminal record unless you have acquired special permission from Citizen and Immigration Canada (CIC). If you have a Canadian criminal record, it is best to have it pardon/suspended or destroyed before attempting to enter again. If you have a foreign record, you will need to apply for a Minister’s permit or submit an application for rehabilitation.

Minister’s permits & work authorizations

People, who were granted a Minister’s or work Authorization before they were charged with criminal offence, may have their status removed and he deported from Canada.

Refugee Status

Refugees with criminal records may have their refugee status removed and be deported from Canada. A refugee’s right to apply for landing is removed by having criminal convictions. At the very least’ the discovery of any kind of criminal record, even where there was no finding of guilt’ will result in complications to their Canadian immigration application. If the individual’s application is part of “family” application for landing, the discovery of the criminal by Immigration Canada may put everyone’s application on hold and may result in every family member who is part of that application being deported.

Permanent Resident or landed status

A permanent resident is a person who has been given lawful permission to permanently live in Canada, but who is not yet a Canadian citizen.

If you have a criminal record your application for Canadian Citizenship can be denied, delayed or put on hold. If the conviction is for a serious offence, CIC may decide to start removal proceedings for the purpose of removing your permanent residence status and deporting you from Canada. Even if you have been landed for many years or since childhood, your residency status may be taken away and you can be deported.

Sometimes criminal convictions from many years ago are brought to the attention of Immigration Canada years after the crime was committed. Even in such a situation, where the criminal record is old, Immigration Canada may take away the person’s permanent residence status and deport them.

Canadian Citizenship

If you are applying for Canadian citizenship, it is best to do so only after you have sealed or destroyed your criminal record. Regardless of what is on your record, the fact you have one will, at the very least, slow down your application. If the offence was serious enough, Immigration Canada can take away your current immigration status and deport you.

Being Deported from Canada

If removal or deportation proceedings are brought against you because of a criminal record, it is a good idea to start the process of having your record removed. By doing this you can show Immigration Canada that you are no longer involved in any criminal activities and that you qualify to have your criminal record removed.

Furthermore, you can give them an appropriate date as to when your record will be sealed or destroyed.

In some cases, Immigration Canada may decide not to deport you. However, even if you are deported, it will be easier for you to return to Canada if you can prove that your record has been removed.

So what do you think Canada should be tougher on criminal records?

Avtar Singh
Immigration Program Student at Ashton College
under the tutelage of Jose Godoy Toku

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