If you have a criminal history and do not resolve it before applying for a Canadian work visa, you run the danger of being denied entrance to Canada.
You may be capable of overcoming criminal inadmissibility based on the nature of the crime, its date, and your subsequent behavior. To enter Canada with a criminal history, you should either fulfill the legal criteria for rehabilitation or possess temporary residence permission or a legal opinion letter.
Whichever method you choose, it is critical to begin the procedure well before your anticipated travel to Canada. This blog contains general information regarding overcoming inadmissibility to Canada.
Legal Opinion Letter
Legal Opinion Letters are prepared by attorneys and explain to Canadian Border Services Agency (CBSA) agents why you should be allowed admission.
Your lawyer can explain to the Canadian authorities why you have been judged rehabilitated, why your violation was isolated or minor, or if there is no Canadian counterpart to your offense.
You may further obtain one of these letters to substantiate your temporary residency visa or rehabilitation application.
Temporary Resident Permit
TRP enables people with criminal backgrounds to migrate to Canada for a limited period. It may be a choice if it has been less than five years after completing your sentence or if you have a legitimate cause for entering Canada.
TRPs are valid for a time of above three years. You should submit a TRP application to IRCC, outlining why you should be granted admission and why the advantages to Canada of granting you entrance exceed the dangers.
US nationals and permanent residents may file their TRP applications upon arrival in Canada or obtain pre-approval by sending their application to a Canadian consulate. All other foreign citizens may apply for a TRP through a Canadian consulate. There is a $200 application fee.
Rehabilitation
Rehabilitation is the single long-term option for criminal ineligibility in Canada. Once you have been rehabilitated, your criminal history no longer serves as a bar to the entrance, as long as you do not commit other offenses. Rehabilitation is split into two types:
If at least five years have passed to conclude your sentence, you may be eligible for single rehabilitation. There is a $200 or $1,000 fee, based on the intensity of your conviction.
Your application must indicate that you have been rehabilitated and will not commit criminal activities in the future. It can be accomplished by establishing a steady lifestyle or proving that you have taken measures to modify your behavior.
Additionally, it helps if your infraction was a one-time happening. These applications are normally processed in a year.
Considered rehabilitation might be available if you were convicted of a less severe crime and have acted at least ten years of your sentence. Due to the passage of time, you will be automatically judged rehabilitated.
Even if this is the case in your instance, you may want to get a Legal Opinion Letter if you are required to demonstrate to a border officer that you should be admitted to Canada.
Book a consultation with CAN Pathways to get more info!
