Criminal Charges and Convictions

Criminal Rehabilitation DecisionEvery year, countless people are denied entry to Canada because of a criminal charge or conviction.  Even minor offenses can lead to what Citizenship and Immigration Canada (or “CIC”) calls criminal inadmissibility.

Fortunately, there are steps you can take to overcome your criminal charges or convictions.

This section will give you the tools you need to evaluate your situation, formulate a strategy, and properly complete the required paperwork.

Can I Enter Canada?

This section will help you determine whether you are indeed inadmissible to Canada based on a criminal charge or conviction.

Non-convictions: charges, cautions and related matters

Even if you have not been convicted of a crime, there is a possibility that you may still be inadmissible to Canada.

Canada restricts people who have committed an act outside Canada that is an offense in that place.  Some examples of having committed an act include:

  • You are subject to a warrant where a charge will be laid against you
  • Charges are pending against you
  • Your trial is underway
  • You are fleeing prosecution in your country

As always, there must also be an equivalent offense in Canada to the act you committed abroad.  If there is no equivalent offense in Canada, then you will be able to enter Canada.

It is important to note that CIC will only apply the “committed an act” provisions to acts (or offenses) that are considered to be indictable offenses in Canada punishable by a maximum term or imprisonment of at least 10 years in Canada.

The differences between summary, hybrid and indictable offenses are explained below.

Summary offenses are less serious offenses, and indictable offenses are more serious offenses.

So if you committed an act in a foreign country that would be considered a summary offense in Canada, you will likely be able to enter Canada.

If you committed an act in a foreign country that would be considered an indictable (or hybrid) offense in Canada punishable by a maximum prison term of at least 10 years, you will likely not be able to enter Canada.

In this case, see the “How long until I can enter Canada” section to determine when you can enter Canada.

Pardons

If you have been granted a pardon in a foreign jurisdiction and that pardon is equivalent to a Canadian pardon, then you are admissible and can enter Canada.

The pardon is equivalent to a Canadian pardon if the pardon erases the conviction.

For example, the UK Rehabilitation of Offenders Act automatically pardons individuals after certain periods of time (depending on the circumstances) if the person was sentenced to less than 30 months in prison.  Such a pardon is equivalent to a Canadian pardon and would allow the person to enter Canada.

It is always best to see if you qualify for a pardon in your country rather than apply for criminal rehabilitation – it is usually much faster and easier to obtain a pardon than seek permission to enter Canada.

Acquittals

If you have been acquitted of an offense at trial or at an appeal court, you are admissible and can enter Canada.

Different countries have different ways of disposing with a criminal matter that may look like a pardon or acquittal.  Here is how CIC deals with these more unusual matters:

Criminal processes that are not considered to be convictions by CIC

  • Acquittal contemplating dismissal
  • Deferral of prosecution
  • Deferral of judgment
  • Deferral of conviction
  • Nolle prosequi
  • Expunged

Criminal processes that are considered to be convictions by CIC

  • Deferral of sentence
  • Suspended sentence
  • Nolo contendre
  • Convicted

There are other ways that foreign courts can deal with criminal matters.  In each case, the key is to determine how it would be considered equivalent in Canada.

Young Offenders

You may have been convicted of an offense during your youth.  Generally, if you were convicted of an offense when you were under eighteen years old, you will likely be admissible and can enter Canada.

Offenses committed when you were under eighteen years old are equivalent to offenses under the Youth Criminal Justice Act in Canada.

You can not be prevented from entering Canada for foreign offenses equivalent to an offense under the Canadian Youth Criminal Justice Act.

Canadian Equivalent Convictions

You can only be denied entry to Canada based on a criminal conviction if there is an equivalent offense in Canada.

There are some criminal offenses in certain countries based on religious conduct that would have no equivalent in Canada.

For example a woman who does not wear a hijab in some countries may be convicted of an offense.  However, there is no such equivalent offense in Canada.  This means that woman would not be denied entry to Canada based on that offense.

Some offenses in Canada are called “hybrid” offenses.  These offenses can be pursued in a less serious way (summary) or a more serious way (indictable) depending on how the prosecutor wants to proceed.

An example of a hybrid offense in Canada is a driving under the influence of alcohol, which can be a summary or indictable offense.

Immigration law states that if your foreign offense is equivalent to a Canadian hybrid offense, you must use the more serious, or indictable, offense as the equivalent in determining when or how you can enter Canada.

Unfortunately for many potential immigrants, a large number of Canadian offenses are hybrid offenses.

Please note that I use “conviction” throughout this section, however, committing a criminal act (as discussed above) without a formal conviction can also make you inadmissible.

The equivalent offense must a in a federal statute (equivalency to a provincial or municipal statute will not make you inadmissible – for example, minor traffic offenses are found only in provincial statutes and won’t make you inadmissible).

Contempt of court is not found in a federal statute, and thus, contempt alone won’t make you inadmissible.

Minor convictions and length of inadmissibility

Summary offenses in Canada are considered relatively minor (for immigration purposes) and are usually punishable by a maximum of 2 years imprisonment or a fine in Canada.

If you have a single foreign conviction that is equivalent to a summary offense in Canada – regardless of your actual sentence – you are likely admissible to Canada.

A single, summary conviction offense does not typically make you inadmissible to Canada.

If you have two or more foreign convictions that are equivalent to summary offenses in Canada, then you can not enter Canada until five years have passed since the completion of your sentence (and not five years from the date of your conviction).  You must not have been convicted of any other offenses during this time.

Major convictions and length of inadmissibility

Indictable offenses are more serious offenses in Canada and the maximum punishment can be life in prison.

If you have a foreign conviction equivalent to an indictable offense in Canada (and remember, hybrid offenses like drunk driving are considered indictable offenses for immigration purposes), then you can not enter Canada until ten years have passed since the completion of your sentence, and you have not committed any other offenses during that time.

Multiple convictions and length of inadmissibility

If you have more than one foreign conviction equivalent to an indictable offense in Canada, then there is no period of time that can pass before you can enter Canada.

You will have to take one of the steps described in the next section.

Common offenses

Here are some of the more common offenses I see in my practice and their equivalent offenses in Canada.

Check the criminal code provisions I list here to determine if this offense is equivalent to the one in your home country – you’ll need to put the Canadian offense in your application form.

It is always best to consult a lawyer with regard to equivalent offenses.

Driving under the influence of alcohol

The offense of driving under the influence of alcohol in Canada is section 253 of the Criminal Code of Canada.

Driving under the influence of alcohol is determined in two ways.  The first is whether the individual is “impaired” which is typically done by roadside tests (such as touching one’s nose while standing on one foot, reciting the alphabet, and so forth).

The second way to be charged with DUI in Canada is more common, and that is a breathalyser test of “.08″ which means that alcohol in a person’s blood exceeds 80 milligrams of alcohol in one hundred millilitres of blood.

A DUI is a hybrid offense in Canada, and thus you will not be deemed rehabilitated for 10 years.

In other words, you will not be automatically “cleared” for entry until 10 years passes from the date your sentence was complete

Generally, you can still apply for “criminal rehabilitation” 5 years after your sentence is complete (including any probation or conditional sentence periods of time)- see below.

If you were convicted of a specific offense of testing under 0.08, then you may be admissible, as there is no offense in Canada for alcohol testing under .08 with regard to driving.  For example, in Australia you can be convicted with a breathalyzer test under .08.

Assault

The offense of assault in Canada is section 265 of the Criminal Code of Canada.

This is a hybrid offense and thus you will not be deemed rehabilitated for 10 years.

In other words, you will not be automatically “cleared” for entry until 10 years passes from the date your sentence was complete

Generally, you can still apply for “criminal rehabilitation” 5 years after your sentence is complete (including any probation or conditional sentence periods of time)- see below.

Theft

The offense of theft in Canada is section 322 of the Criminal Code of Canada.

This is a hybrid offense and thus you will not be deemed rehabilitated for 10 years.

In other words, you will not be automatically “cleared” for entry until 10 years passes from the date your sentence was complete

Generally, you can still apply for “criminal rehabilitation” 5 years after your sentence is complete (including any probation or conditional sentence periods of time)- see below.

Fraud

The offense of fraud in Canada is section 380 of the Criminal Code of Canada.

This is a hybrid offense and thus you will not be deemed rehabilitated for 10 years.

In other words, you will not be automatically “cleared” for entry until 10 years passes from the date your sentence was complete

Generally, you can still apply for “criminal rehabilitation” 5 years after your sentence is complete (including any probation or conditional sentence periods of time)- see below.

How Long Until I Can Enter Canada?

The length of time before you can enter Canada will depend on your foreign offense, the equivalent Canadian offense, and whether you wish to stay in Canada permanently or temporarily.

Criminal Rehabilitation

Canada uses the concept of “criminal rehabilitation” to determine when someone with a criminal record can enter Canada.

This does not refer to any steps you may have taken in terms of rehabilitation (such as drug or alcohol rehabilitation, anger management courses, or related activities).

“Criminal rehabilitation” is a point in time when Citizenship and Immigration Canada believes that you are highly unlikely to ever become involved in any sort of criminal activities in the future.

There are two ways to achieve criminal rehabilitation for immigration purposes:  deemed rehabilitation and application for rehabilitation.

Deemed Criminal Rehabilitation

Depending on your foreign offense, its Canadian equivalent offense, and the time since your sentence was complete, you may be deemed to be rehabilitated.

If you are deemed to be rehabilitated, you can enter Canada and you don’t need to take any further steps.  However, determining whether or not you are deemed to be rehabilitated takes some careful analysis.

Your Offense Equivalent to an Indictable or Hybrid Offense in Canada

If you were convicted outside of Canada of a single offense that is equivalent to an indictable (or hybrid) offense in Canada, you will likely be deemed to be rehabilitated if all of the following apply:

  • the equivalent offense is punishable in Canada by a maximum prison term of less than 10 years;
  • at least 10 years have passed since you completed your sentence; and
  • no convictions in the last 10 years; only minor convictions from the period before the last 10 years may be permissible.

 You Have Several Offenses Equivalent to a Summary Offense in Canada

If you were convicted outside of Canada of two or more offenses that are equivalent to a summary (i.e., minor) offense in Canada, you will likely be deemed to be rehabilitated if all of the following apply:

  • at least 5 years have passed since your sentence was complete;
  • no other convictions.

Even if you believe you have been deemed to be rehabilitated, it would be a good plan to have your paperwork with you when travelling to Canada in case you are asked about previous convictions.

If possible, carry copies of your criminal record check, details of your offense and when sentence was complete, copies of the statute under which you were convicted, and a copy of the equivalent Canadian offense.

Application for Criminal Rehabilitation

If you are not eligible for “deemed rehabilitation” as discussed above (i.e., the relevant time period has not yet passed), you may be able to apply for “individual rehabilitation”.

Individual rehabilitation is application process to show you are “rehabilitated” and (if approved) will allow you to enter Canada as if you were never convicted.

Unfortunately, you can not apply for individual rehabilitation until 5 years have passed since the completion of your sentence.

So if your deemed rehabilitation time period is 5 years you are out of luck – you won’t be able to apply for rehabilitation any earlier.

How To Apply for Criminal Rehabilitation

Forms and Fees

You will have to complete the Application for Rehabilitation form, the Fees for Immigration Services form, and the Use of Representative form if you are using a representative.

You have a choice of paying $200 or $1,000.  The fee of $200 is for less serious offense, and the fee of $1,000 is for more serious offenses.

CIC states that you can pay $200 and if $1,000 is required, CIC will request a further $800.

I suggest that you do not follow this process if possible – try to get the fee right before you submit your application.

Why?

In my experience, submitting an incorrect fee will delay your application for a long period of time.  Often, CIC will not request an additional $800 and instead, CIC will just return your application to you and you will have to start again at the back of queue.

If your offense is one of “serious” criminality, then your fee will be $1,000.

“Serious criminality” means that your offense is equivalent to a Canadian offense where the minimum sentence is 10 years in prison.

It does not matter what sentence you actually received in your country.  It only matter what the equivalent offense would be in Canada, and what the minimum sentence would be in Canada.

Your equivalent offense may be in the Criminal Code of Canada, but may be in other statutes as well.

If you can not determine your equivalent offense in Canada, you may wish to check with an immigration lawyer to assist you with this aspect of your application.

In addition, I do not typically recommend paying with a credit card if you can avoid it.

Why?

In my experience, credit cards from a foreign country often have security measures where they will deny unusual charges to prevent fraud.

When a Canadian Consulate makes a charge on your card, there is a real risk that your card will be denied, as the card company believes this is an attempted fraud.

A denied card will cause huge delays in your application.  It will be weeks before your entire application is returned to you, and you’ll have to start again at the back of the queue.

If you must use a credit card, be sure to contact your credit card company in advance to advise them that the Canadian Consulate will be making a charge to your card, and advise them of how much it will be.

This should prevent any denied charges, but you can never be sure.

Supporting Documentation

The key to a successful criminal rehabilitation application – aside from properly completed forms – is very good supporting documentation.

          Be sure to review the CIC checklist, but typically, CIC requires at minimum these supporting documents:

  1. Criminal record checks from every country you’ve in for 6 months or more in the last 10 years.  For the USA, you’ll need an FBI clearance certificate and a State criminal record check where you currently live, any state you’ve lived in the last 10 years, and the state where your offense occured.
  2.  Court records if the criminal record check is not clear on the offense and sentence committed and completed.  Court records or transcripts should be provided as well.
  3. If you were treated as a juvenile offender, you’ll need evidence of this including copies of the statute that treated you as a juvenile offender.
  4. If you have tried everything and can not obtain criminal record checks in your country, you can provide a statutory declaration – contact an immigration lawyer to assist you with this rather complex process.
  5. Copies of the statute that you were convicted under – CIC needs to see the exact wording of the statute under which you were convicted.
  6. Your written statement about the circumstances of the crime – be detailed and straightforward and indicate why you believe your crime is not part of a pattern of criminal behaviour and why you believe you are rehabilitated.
  7. RCMP police certificates if you are making an in-Canada application.
  8. Photocopy of the bio-data pages of your passport.
  9. Photocopy of driver’s license and birth certificate if possible.

Along with the required documentation, you should also include as much documentation that you can that shows you are completely rehabilitated and unlikely to offend again in future.

You should try to include the following supporting documents if you can:

  1. Any certificates or letters of rehabilitation or completion of community service.
  2. Any reports from probation or parole officers that is favorable to you.
  3. Any comments from a judge that is favorable to you.
  4. Any victim impact statements that are favorable to you.
  5. Any evidence of remorse and restitution.
  6. Any letters of recommendation you can get – especially from any public official or anyone with standing in your community.  Failing that, at least provide letters of recommendation from friends.

Note that any document that is not in English or French must include a certified translation.

What is CIC Looking For in a Rehabilitation Application?

CIC is looking for answers to certain questions they will have, and need to decide if you pose a danger to Canadians.

You should address these issues:

  • Circumstances leading to the commission of the offence.
  • Motives for the offence.
  • Details on how the offence was perpetrated.
  • Degree of violence involved, including the use of weapons.
  • Degree of harm done to the victim, physical and/or psychological.
  • Level of cooperation with authorities following arrest.
  • Applicant’s acceptance of responsibility for the offence and any evidence of remorse or restitution to the victim.
  • Explanation of the offense, if version inconsistent with official record.

CIC is also looking at rehabilitation factors – evidence that you have rehabilitated and will not re-offend.  Here are the rehabilitation factors that CIC will look for in your application.

You should try to address many of these, although some are more relevant to certain offenses than others.

CIC would not expect you to address all of them, but it gives you a very good insight on what the visa officer will be looking for in your application:

  • Understanding of the offence.
  • Responsibility taken for the offence.
  • Evidence of remorse.
  • Restitution to the victim, where applicable.
  • No negative contact with the law.
  • Psychological or drug/alcohol (substance abuse) counselling.
  • Completed rehabilitation program: drug/alcohol/sexual abuse/assault.
  • Life-skills training, and improved survival and social skills.
  • Education/employment training.
  • Stable employment pattern.
  • New social groups.
  • Involvement in non-manipulative relationships and pro- social activities.
  • Stable marriage/family life/living arrangement.

Temporary Entry

          This section will discuss your options for temporary entry into Canada if you do not yet qualify for criminal rehabilitation or if your criminal rehabilitation application is underway but not yet approved.

Temporary Resident Permit

If you need to enter Canada on a temporary basis but are currently criminally inadmissible, you may apply for a temporary resident permit.

A temporary resident permit will allow you to enter Canada for a specified period of time – and usually no more than 3 years until you will have to apply for another permit.

It will not permit you work or study however – you’ll still need a work permit or study permit in addition to your temporary resident permit if you wish to work or study in Canada.

Application Forms and Consulates

Most consulates will require you to complete the Criminal Rehabilitation application form for a temporary resident permit.  Check the “For Information Only” box at the top of the form.

You should contact your local Canadian consulate and ask if a Criminal Rehabilitation application form is acceptable for a temporary resident permit application, or if they have a unique form they would prefer you to use.

Generally, the Criminal Rehabilitation form with the “For Information Only” box checked will suffice.

Supporting Documents

There a number of important and required supporting documents you must submit with your temporary resident permit application – follow the most recent CIC checklist – links are available below.

This section will discuss these documents and provide advice on additional documents you should submit that CIC does not normally request.

Criminal records and criminal record checks

You must submit original criminal record checks from the country in which you were convicted, and any other country in which you’ve lived in for over 12 months.

If the country in which you were convicted also has states with their own criminal system, you should obtain an additional criminal record check from the state in which you were convicted.

For example, in the USA, you’ll need a national FBI criminal record check along with a criminal record check from the state in which you were convicted, and any state in which you’ve lived in.

Identifying documents

You must submit clear copies of the bio-data pages of your passport and birth certificate.  These copies do not need to be notarized.

However, if they are not originally in English or French, you will need certified translations.  Your translator must be able to provide a certified copy of the translation into either English or French.

Written statement

You must provide a written statement providing the details of the offense and sentencing.  Your statement should begin by describing the circumstances of the offense.

For example, was it a one-time offense? Were there any mitigating circumstances?  Mitigating circumstances might include such things as mental health issues or reactions to prescription drugs.  In other words, were there any other circumstances that led to the offense what were not your fault?

You should be sure not to blame any other factors – take responsibility – but do make note of these other circumstances to help show the offense was out of character if at all possible.

Next, you should discuss the sentence that was given.  Was it shorter than the maximum? Did the judge make any favorable comments?  Include the legislative section under which the sentence was handed out if you can.

Finally, you should discuss the completion of your sentence (include when it was completed) and any steps you took toward rehabilitation if that is relevant (for example, alcohol, stress or anger management counseling, etc.).

Reference letters

You will need reference letters from three individuals who can speak to your character and confirm you are a decent person and not a career criminal.

The letter should include how long they have known you, in what role they have known you (e.g., friend, family member, employer, etc) and their opinion of your character and the offense (if possible).

Employment letters

You should include a reference letter from you current employer (or previous employer if you are currently unemployed).  This letter should state your name, position, length of employment and duties and salary.

Helpful documents

In addition to the above, you should include any documents that show you are of good character and that you have overcome any issue or addiction that may have contributed to your criminal offense.

For example, copies of certificates of completion of anger management, alcohol use, community service and other post-conviction activities should be included.

What CIC is looking for in the Application

CIC is looking to see if you pose a danger to Canada to not.  They want to see if you have a pattern of criminal behaviour, of if your conviction was a one-time event.

CIC wants to see evidence that you have rehabilitated yourself and that you have good character.  The documents discussed above will help to show these elements.

CIC also wants to see if you qualify to apply for individual criminal rehabilitation.  If you qualify to apply for criminal rehabilitation, you may be asked to do that rather than be issued a temporary resident permit, depending on your circumstances.

CIC will also need to see a compelling reason to enter Canada under a temporary resident permit.  For example, if your job requires you to travel to Canada, or if you have family to visit in Canada, those are good reasons.

If you just wish to visit Canada and have no other compelling reason to enter, you may have difficulty obtaining a temporary resident permit.

Sample letter covers should address these issues that CIC looks at when evaluating your application:

  • seriousness of the offense;
  • risk of further offenses in Canada;
  • behavioural factors such as drugs or alcohol;
  • evidence that the person is reformed or rehabilitated;
  • pattern of criminal behaviour;
  • completion of all sentences;
  • any outstanding criminal charges;
  • any restrictions of travel as part of the sentence;
  • eligibility for applying for rehabilitation or a pardon;
  • time since the offense;
  • controversy or risk of admitting the person to Canada;
  • risk that the person will require public assistance in Canada;

 

Entry for Frequent Business Travellers with Minor Convictions

If you are a frequent business traveller into Canada and you have a minor conviction, you may be eligible for a long-term, multiple entry temporary resident permit.

Your offense will be considered “minor” only if:

  • the crime did not involve drugs (except for simple possession of marijuana or hashish);
  • the crime did not involve physical harm or violence
  • the crime resulted in a suspended sentence or probation (no jail term), unless it was the result of plea bargaining;
  • the crime did not involve damage to property;
  • if on probation, the person has been fulfilling the conditions of probation; and
  • there are no more than 2 convictions.

If you can show each of these elements, and you can show you are frequent business traveller to Canada, you may qualify for this program.

Be sure to advise the visa officer that you are applying as a “frequent business traveller with a minor conviction.”

Applying at the Border or Airport

If you are a US citizen or if you are from a country that does not require a temporary resident visa you can apply for a temporary resident permit at the border or an airport.

However, you should attempt this only if you do not have the time to apply at a Consulate.

Why?

Because in my experience, border officers are very reluctant to issue permits at the border.  Your documentation must be perfect, your reasons for entering compelling, and your offence relatively minor.

There is a real risk that a visa officer will decline to process your application and apply at a Consulate instead.

If you are desperate to enter Canada and you don’t have the time to apply through a Consulate (it will be several months to receive your permit through a Consulate), then try your application at the border, with the knowledge of the risk that they may not process your application.

Misrepresentations

This section will cover misrepresentations, and they can make you inadmissible to Canada.

What is a Misrepresentation?

CIC relies on information you provide in your immigration application to make decisions about whether you can enter Canada or not.

As a result, CIC takes misrepresentations in applications very seriously, whether the misrepresentation was intentional or even made by mistake.

A “misrepresentation” is considered to be a misrepresentation or a withholding of a material fact (directly or indirectly) relating to a relevant matter that induces or could induce an error on that part of the visa officer.

That’s a pretty broad definition!

Note that the misrepresentation can be direct or indirect, meaning that if you have a representative, and that representative makes a misrepresentation on your behalf, you will still be found to have made a misrepresentation.

Be sure that all materials submitted to CIC are correct.

If you find an error during the process, your best option is to advise CIC as soon as possible with an explanation and the correct information.

Also, a misrepresentation can be made in writing or during an interview.  What you say can be a misrepresentation as well.

What Happens if CIC Finds a Misrepresentation?

CIC is supposed to contact you to give you an opportunity to respond to an alleged misrepresentation for an explanation.

Visa officers do have some discretion with regard to misrepresentations.  If you made an honest error or misunderstanding , visa officers do have the ability to refrain from imposing a misrepresentation finding on you.

As well, the misrepresentation must be relevant.  If the misrepresentation would have had no impact on the decision made in your application, then it is not considered a misrepresentation for immigration purposes.

Your best approach when facing a claim of a misrepresentation is to be absolutely truthful.

What if CIC Discovers a Misrepresentation After I Arrive in Canada?

If you obtained status in Canada (for example, permanent residence) based on a misrepresentation, then you may face deportation based on that misrepresentation even after you arrive in Canada.

The importance of being not only truthful – but accurate – in all your application materials is highlighted here.  A misrepresentation follows you to Canada and can threaten your status here once you arrive.

 

What is the Effect of a Misrepresentation Finding?

If have been found to have made a misrepresentation, you will be excluded from Canada for 2 years, whether or not you are permanent resident.

If you have a compelling reason to enter Canada during this time period, you can apply for a temporary resident permit, described above.

Inadmissible Family Members

If any of your accompanying family members are inadmissible, then you will be inadmissible as well.

In addition, you may be inadmissible if one of your family members is admissible, even if that family member will not accompany you to Canada.  That’s right – you could have a family member who is not even coming with you to Canada, and you yourself could be deemed inadmissible.

When could this situation arise?

This situation can only arise if you make a permanent resident application and your non-accompanying family member is:

  • your spouse (unless your relationship has broken down);
  • your common law partner;
  • your dependent child and you (or an accompanying family member) have custody or the power to act on behalf of that child by agreement, law or otherwise;
  • your grandchild who is dependent on your dependent child (in other words, if you have a child under 22 who has a child as well) and you (or an accompanying family member) have custody or the power to act on behalf of that child;

So if your uncle or aunt or sibling (for examples) are inadmissible, they won’t make you inadmissible as well, so long as they are not accompanying you to Canada.

Appeals

Appeals for inadmissibility are limited.

For most applications, a lawyer may be able to contact a regional manager for you if there was a misunderstanding or CIC service failure.

Otherwise, your option is typically to apply for judicial review at the Federal Court of Canada, which will require a lawyer and will be a costly endeavor.

Sponsorship applications (spouse/children) can usually be appealed to the Immigration Appeal Board which is a faster, cheaper alternative to the courts.

You should retain legal counsel when considering any appeal option.

Application Forms

You should always obtain application forms from the Citizenship and Canada website.  These forms are updated regularly so you need to ensure you are using the most up-to-date forms.

As well, some of the forms need to be “verified” so they generate a code that Citizenship and Immigration Canada can use to speed processing.  Using the official forms from their site ensures that the verification process will work for you.

Criminal Rehabilitation and Temporary Resident Permit

You can use the same form for criminal rehabilitation and a temporary resident permit application, just check “for information only” when applying for a temporary resident permit.

Click here for access to application forms.

Where To Obtain Criminal Record Checks

Each country has different procedures to issue criminal record background checks.

Click here for instructions on how to obtain police certificates for various countries around the world.

Legal Advice

Nothing on thise website constitutes legal advice.

If you require legal advice please contact Mr. Gianpaolo (John) Panusa through this website at www.immigrationcanada.pro.