Criminality Appeal

Once a permanent resident has been convicted of serious criminality Immigration may become involved. It may be a conviction you had many years ago or it may be a recent serious criminality issue.

The Procedure;

Canada Border Service Agency (CBSA) will call you in for an interview regarding your conviction(s). They will look for you to accept some responsibility and remorse.

This may be difficult for you because you may have agreed to plead guilty to get the matter over with because Legal Counsel told you they had worked out a deal and all you would get was probation.

·        If the CBSA Officer believes your remorse he/she will only issue a stern warning letter.

·        If the CBSA Officer does NOT believe your remorse he/she will send you to an admissibility hearing to attempt to deport you for serious criminality.

 Admissibility Hearing

 The main issues at your admissibility hearing will be the following;

·        Name, date of Birth, Country of Birth?

·        Are you a citizen of Canada?

·        Of which country are you a Citizen?

·        Are you a Permanent Resident of Canada?

·        Were you convicted of _____ offence in Canada?

·        Did you appeal that conviction successfully?

·        Did you obtain a pardon for that conviction?

You are found described and the Immigration Division member issues you a deportation order and then Roy Kellogg immediately submits your appeal to the Immigration Appeal Division.

Approval of Rehabilitation

Approval of Rehabilitation may be granted if you can show that you have a stable lifestyle and that it is unlikely that you will be involved in any further criminal activity. You may apply for rehabilitation if five years have passed since the end of your sentence. Periods of probation are considered to be part of the sentence as are payment of fines and restitution of a driver's license.

Approval of rehabilitation permanently overcomes inadmissibility arising from the offence declared.

Temporary Resident Permit

If you are inadmissible to Canada for criminal, medical or other reasons and there are compelling and urgent reasons to allow you to enter or remain in Canada, you may apply for a Temporary Resident Permit.

Offences involving operation of a motor vehicle while impaired by alcohol or drugs will, with very rare exceptions, render persons criminally inadmissible to Canada - and therefore in need of Approval of Rehabilitation or a Temporary Resident Permit to enter Canada for any purpose and any length of time.

A Temporary Resident Permit temporarily overcomes inadmissibility.

Deemed rehabilitation

You may be deemed rehabilitated if you meet the requirements of the Immigration and Refugee Protection Act. Depending on the nature of your offence, at least five years and as many as 10 years must have passed since you completed the sentence imposed for your crime. Deemed rehabilitation also depends on whether you have committed one or more offences. In all cases, you may only be deemed rehabilitated if the offence committed would be punishable in Canada by a maximum term of imprisonment of less than 10 years.

You are not required to submit an application to be deemed rehabilitated. However, before arriving at a port of entry, we strongly advise you to contact a Canadian embassy, high commission or consulate outside Canada to see if you qualify.