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Accessing Canada may be difficult for a foreigner who has been charged or convicted of a criminal offense in the past. This includes both
violent and non-violent offence, including driving under the influence of alcohol. This renders you criminally inadmissible. The Canadian
government typically denies foreigners an eTA to fly over to the country as well as enter through other points of entry if the parson has a
criminal record.
This applies as well to spouses. If your partner is charged of criminal offence, they may be dismissed from travelling to Canada. This
renders them ineligible for any other immigration programs even if they have a Visa card.
To make the matter worse, even criminal offences that have lasted for up to 15 to 20 years ago can still make you inadmissible to Canada.
How misrepresentation occurs
If you provide the Canada Border Services Agency or Immigration, Refugees, and Citizenship Canada with inaccurate, incoherent, or
insufficient information, you will be denied entry to the county based on misrepresentation.
Cases of misrepresentation may include the following:
- Presenting forged documents
- Failure to disclose that you had been denied a visa by another country
- Omission of family members
- Utilizing a fictitious marriage to obtain public recognition
- Admitting that you lack work experience
The candidate, a friend or relative, or their representatives may be the root of the misrepresented documentary evidence. However, even if
the candidate was unaware of it, they are liable.
The IRCC typically conducts a complete background check and review the necessary documents and facts required for admission into the
country. For a spouse that is inadmissible, the method of overcoming this depends on nature of the crime, time it has occurred and how many
times it has occurred.
Different Scenarios
Only charged with an offense but never convicted
Despite having been charged but not convicted, all the charges including the dropped ones must be disclosed. Besides, facts must be well presented together with the appropriate court documents. This enables the IRCC to perform adequate assessment. Failure to submit these documents may delay the application by even up to 6 months. Failure to reveal such charges may lead to refusal of the application as it is an element of misrepresentation.
Only one offense that is non serious criminality and 10 years have passed since the latter of: the offense, end of sentence, parole, community service, and fine being paid.
The sponsorship application for the spouse can be submitted together with written arguments and proof seeking deemed rehabilitation to conquer the criminality.
One or more offense with serious criminality and 5years has passed since the latter of: the offense, end of sentence, parole, community service, fine being paid.
Application for spouse sponsorship can be submitted together with Criminal Rehabilitation application. Besides, a fee of $200 (sometimes $1000) must be paid, and the proof of the payment to be put together with written arguments and evidence seeking Criminal Rehabilitation.
If less than 5years have passed or the offence took place in Canada and your spouse is not eligible for Criminal Rehabilitation.
Since most couples may not stay away from each other for up to period of 5years in order to be eligible to apply for criminal rehabilitation, a Canadian formal pardon may be applied
Overcoming inadmissibility to Canada due to misrepresentation
If an applicant is being accused of misrepresentation, they have the following options:
- Attempting to ameliorate your circumstances through repentance and truthfulness.
- If you think you did not commit the alleged misrepresentation, you may submit convincing documentation to avoid the penalty.
- Judicial Review may be used to appeal an IRCC or CBSA decision (Federal Court)
- Submit your ARC (Application for Return to Canada Authorization)
- Request a TRP (Temporary Resident Permit) from IRCC to allow you to remain in Canada temporarily while you focus on your case. TRPs typically have a three-year shelf life
There is, however, no guarantee that you will succeed in any of the alternatives. If you are facing criminal charges as a result of the
misrepresentation, you may wish to contact a reputable attorney.
If 5 years have passed since your ineligibility to enter Canada due to misrepresentation, you can reapply for Canadian immigration. Even so,
officials from the IRCC will still scrutinize your application forms thoroughly.