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How Do You Resolve Canadian Criminal Inadmissibility?

00:00:14    Speaker 1

Hello and welcome back to the channel. My name is Kubeir. I am a CIC licensed immigration consultant. And this channel, as you by now already know, is all about Canadian immigration news, updates, things you should do do, and things you definitely should not with regards to your trading immigration application. Now there is a hot question. If you come to the port of entry, you come to the border, whether you are a permanent resident, whether you are a temporary resident, whether you are an international student, whether you are a worker, whether you’re a visitor. The first question you get asked is the purpose of your visit. After they ask you for the purpose of visit, they can also ask you if you have a criminal record. Sometimes they can see in their system that you do, and they are waiting for you to confirm or to check. You can validate that information, or they may have an information that you might have certain questionable backgrounds. What constitute as a crime in Canada or what would make you inadmissible? Well, DUI, driving under impairment is one of the most common ones. But in addition to that, drug possession, weapons violation, assault, domestic violence, other money laundering cases, or any kind of credit card or other fraud, prostitutions, all these can also constitute as criminal activities which can make you inadmissible to Canada. You have to also remember that it’s not only about being criminally prosecuted in Canada that would make you inadmissible, but in some cases. For example, if the incident that you are involved in and in that particular country where you got involved in, that is not considered a crime, but the same incident, if it were to occur in Canada, is considered a crime, then that also makes you inadmissible for that particular crime in Canada as well. So if you are asked that question, do you have a criminal record or do you have anything that you would like to declare in terms about your background? And if you do think you have a criminal record, even if you are not sure about it, even if you are not sure if it is a criminal record or if it’s a civil record, if it’s something, if you get asked that question, you definitely have to answer that truthfully. By not answering truthfully, you will put yourself in a very serious spot. So make sure you answer that question truthfully. And if there is a criminal record there in your background somewhere, then it’s not like you cannot enter Canada at all. There are ways and means by which you could sort of correct that or at least temporarily come to Canada if you have to. But at that point of time, you have to answer truthfully. And given the circumstances, and if you’re not prepared for it already, you may not be allowed to come to enter you may not be allowed to enter Canada at that point of time. And you may be asked to return back to whichever country you came from or to any other country, but not Canada. So knowing that this situation can put you in a spot or you could be in trouble, it’s always advisable to prepare in advance to consult with a professional, consult with a lawyer, to consult with a consultant who can guide you as to what you can do in the circumstances. If you have a past record, this includes DUI, driving under influence. So if you have a drunk driving charge, you have a driving under a payment charge. These are all very serious issues if you’re coming to Canada and if it’s on your record. So please be prepared, please be aware that these things can become an issue by this video. It’s not that I’m trying to encourage criminals to come to Canada. All I’m trying to say is that there are a lot of incidents, for example, cases like DUI, for example, if you’re in India being charged under dowry cases or domestic violence sometimes, which may or may not be true, but you can get charged for it. In some cases, you might even get convicted for it. And everybody is not always a criminal per se in the situation that they are involved in. So whatever that might be, I’m not the one to judge. I’m here to sort of offer you some information as to what you can do in certain situations such as this. So in your case, if you have such a situation, make sure you are aware that’s the first thing and number two, you have a plan on how you want to tackle it. So for example, you have a family in Canada, you want to meet them, but you now have this unfortunate incident or situation where you now become criminally inadvertently to Canada. So one of the first things that you can do through a consultant to a lawyer yourself, of course, if you can do that research and figure the best way possible for yourself is apply for TRP, which is called Temporary Resident Permit. Temporary Resident Permit is issued to people who are otherwise inadmissible to Canada. So that’s your best remedy out. If you want to visit Canada temporarily for a short period of time because you have compelling reasons to come to Canada, it has a very high bar for approval. So make sure you make a good case for yourself to explain why you need to come to Canada despite the fact that you are criminally inadmissible. In the second more permanent solution, there is something called criminal rehabilitation which basically allows Canada to sort of allow you to come permanently, so you don’t have to apply trap in most cases, once your record for that incident, the five years have passed, you could apply for criminal rehabilitation again, depending on the situation, depending on what that charge was, depending on what the incident was about. So you could apply for criminal rehabilitation by making an application to Canada and if it is approved, then basically your charge is no longer a problem and you can go in and out of Canada without any issue. Of course, if you haven’t done anything else apart from that, if ten years have passed after having gone through the situation, you may be deemed rehabilitated. But it’s always best to consult with a professional to understand whether this is something that would be considered as deemed rehabilitated or not. So this is something which you should be mindful about and you should take care of this. If you haven’t still followed us or if you’re not following us on Instagram, please do. We do make a lot of noise there as well. And absolutely don’t forget to subscribe to this channel. It’s so important to see these numbers going up. Well, once again, thank you so much for joining in. I will do this again next time.

 

00:06:20    Speaker 1

And until such time, take care, stay safe and I’ll see you again.