To enter Canada with severe offenses, the simplified Deemed and Streamlined Rehabilitation process can not be used. Admission to Canada will not be granted in case of severe offenses such as DUI.
Nevertheless, there are ways to gain entry to Canada even if a person has severe offenses on their background record.
The Canadian Immigration Act outlines the types of criminal offenses that bar entrance into Canada along with the exact process that must be used for rehabilitation.
Often, the offenses involved are alcohol or drug related. These types of crimes are considered serious offenses under the Act of Parliament or under the Contraventions Act. They are punishable by way of indictment under any Act of Parliament, by a maximum prison sentence of less than ten years. If felony offenses exist on someone’s criminal record, a different approach to get admitted will be required.
Approval of Rehabilitation To Enter Canada With Severe Offenses
The way to go about entering Canada with such offenses where deemed or streamlined rehabilitation will not be possible is by applying for an Approval of Rehabilitation.
This must be done at the Canadian Consulate in the United States. The application process for an Approval of Rehabilitation uses the same form as the one used in the deemed and streamline rehabilitation mentioned earlier. In addition to those forms, the applicant must submit an Application for Criminal Rehabilitation (Citizenship & Immigration Canada Form IMM 1444).
What documents must be submitted for the Approval of Rehabilitation?
The documentation that needs to be produced to support the case is extensive. This can be overwhelming for the layman that has no in-depth legal expertise. For that reason, competent legal help is strongly advised. The following papers and forms will be required:
- United States passport or a valid birth certificate.
- Photo Identification.
- A copy of the court documents for each conviction.
- Proof that the conviction has been satisfied and all sentences were completed.
- An recent FBI identification record.
- Police certificates from the state where the DUI conviction occurred.
- Police certificates for any state the person has resided for six months or longer over the past 10 years.
An immigration lawyer will make sure that the correct documents are obtained and submitted. This will help to make the entire process much easier. In such cases where the application is being denied, the lawyer can also advise about the next steps recommended, such as applying for a temporary resident permit.
It is worthy to note that the ultimate decision whether the application will be approved will be up to the Canadian immigration officials that are reviewing the application. There is no guarantee that admission to Canada will be granted.
Due to the complexity of the procedure and many legal documents that need to be produced, the help of a competent immigration lawyer is strongly suggested. The lawyer can help filling out the application properly and will make sure that all the correct documents and forms will be submitted. This will greatly increase the chances to be admitted into Canada, even with severe offenses on the applicant’s record.