The procedure for applying for criminal rehabilitation is the same whether or not the offence constitutes serious or non-serious criminality. It is in the manner in which the application is processed at the visa office that distinguishes the two. The requirements for non-serious criminal rehabilitation can be found here.
If you have been convicted of an offence, where the maximum prison sentence in Canada is ten years or more, it is considered to be serious criminality. The maximum prison sentence is the only consideration for determining the severity of the offence in Canada. The way in which the offence was treated by the court in the country where the offence took place, is of no consequence for Canadian immigration. The only thing Canadian immigration officials will examine is the Canadian Federal equivalent to the offence committed outside of Canada and maximum prison sentence for the equivalent Canadian offence. Serious criminality requires an application for criminal rehabilitation, as a person can NEVER be deemed to be rehabilitated through the simple passage of time.
Generally speaking most offences that constitute serious criminality, for the purposes of Canadian immigration, are those that involve bodily injury, damage or a weapon.
You should be aware that the processing fees are higher ($1000 CAD) and processing times are longer, for applicants with serious with criminality. However, the processing times are now shorter than they were in the past, because the program manager at the visa office processing the application now has the authority to approve. In the past, the Minister of Immigration was required to sign off on every application. Applicants may be required to provide additional documents or attend personal interviews, depending on the severity of the offence they were convicted of.
These applications are highly subjective and are at the discretion of the Canadian immigration officer assigned to a given file. FWCanada has the experience and legal expertise to guide you through this process and present the strongest possible application to Citizenship and Immigration Canada.
To find out if the offence you have been convicted of constitutes serious criminality call us or send FWCanada a message.
As one of the most trusted Canadian immigration law firms, FWCanada will ensure that your application receives impeccable attention to detail. Our mission is to provide high quality legal services, in a transparent and efficient manner. Unfortunately, fraudulent and ineffective practice exists in most industries and Canadian immigration is no exception. Only lawyers who are members in good standing of a Canadian bar association, or members of the Canadian Society of Immigration Consultants are legally authorized to represent clients for the purposes of Canadian immigration. As the legal representative of all FWCanada clients, Attorney Marisa Feil has distinguished herself as a respected authority on Canadian immigration law. She is frequently contacted by government officials and other Canadian immigration lawyers for her expertise.
For more information, please contact FWCanada, Tel: 855-316-3555; Email: Marisa@FWCanada.com; firstname.lastname@example.org
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