A spouse who is having a criminal record or has committed any offense
Suppose you have Canadian citizenship or Permanent Residency and want to obtain PR for your spouse in Canada. It is highly important to follow special measures in case of any criminal offenses charged and convicted against them earlier. IRCC requires performing thorough background checks and reviewing essential information and facts to convince whether a foreign national not having inadmissibility to Canada.Suppose a spouse found inadmissible, you can follow certain ways available to overcome their inadmissibility. The technique useful to overcome inadmissibility completely depends on its nature, time-frame, and a number of offenses.
Chargeable with an offense, without conviction
When all charges have been dropped without having any conviction, it still needs to be disclosed. In this situation, you need to submit all necessary facts along with appropriate court documents. If failed to present all required documents upfront with the application, it might be delayed by six months. IRCC needs to have all necessary documents on time to carry out a proper analysis. It cannot absolve an individual from submitting the required documents, even though a charge doesn’t appear during a Police background check. All charges, including the dropped ones, need to be released to avoid the risk of application Misrepresentation, despite an individual not having any criminal inadmissibility. We have enough knowledge about these situations and have helped many individuals to overcome the Misrepresentation ban with a time-span of 5 years.
- Committed one offense, not a serious criminal act, and 10 years have passed as the latter of the offense, parole, end of a sentence, community service, and payment ofa fine.
- Committed a single or more offense, involving serious criminal act, and five years have passed as the latter of the offense, parole, end of a sentence, community service, and payment of fine.
Committed offense in Canada and less than 5 years elapsed, and spouse do not possess the eligibility for a Deemed or Criminal Rehabilitation
Several immigration specialists give wrong advices to handle these cases. The reason is that they don’t have required experience to handle complex cases and hesitate to take such cases. This is why; they suggest clients wait for 5 years to become eligible for filing a petition to obtain a certificate of Rehabilitation and Pardon. However, it is not the right process because foreign pardons cannot clear an individual’s inadmissibility automatically, further requiring a Criminal Rehabilitation. Also, a majority of couples don’t prefer to wait for 5 years to become eligible to file a petition for Rehabilitation. It might take years for Pardons in Canada to clear offenses that that were committed within the country.
The best solution to overcome all types of individual inadmissibility can be done using section 25(1) IRPA, the Humanitarian and Compassionate section of the law. At Matkowsky, we used H&C law and helped several couples to overcome their inadmissibility for foreign as well as offenses in Canada.
You can request for relief to overcome your inadmissibility or ineligibility for different Permanent Resident application. It is important to seek assistance from a law firm instead of immigration consulting services. Make sure the Law firm has comprehensive knowledge regarding H&C law to effectively overcome inadmissibility. It should not be overemphasized and must follow a proper way to submit well-written arguments and evidence to obtain successful outcomes using the H&C law. It is an essential task that needs to be performed by an experienced and skilled lawyer.
Our firm has years of experience in handling complex cases for various clients. We have witnessed plenty of refused applications, and around 30% of clients working earlier with us have returned for help after using other law firms and immigration lawyers. The major problem with other firms is that they present a separate application for Criminal Rehabilitation requesting the H&C law inside it to overcome inadmissibility. However, it is a wrong process that doesn’t get accepted, leading to the application’s refusal. This process often follows with a separate sponsoring spouse application that gets refused shortly after that.
Learn more about the complex sponsoring spouse cases handled by our firm.
H&C law useful to overcome any Criminal inadmissibility
Humanitarian and compassionate grounds — requested by foreign national
The Ministeras per 25.(1) Subject to subsection (1.2), while receiving requests from any foreign nationals residing in Canada applying for permanent residency without any inadmissibility — apart from sections 34, 35 or 37; however, unable to meet the Act needs — or when receiving requests from any foreign nationals outside Canada —without having any inadmissibility under sections 34, 35 or 37 —applying for a permanent residency visa, need to properly examine the situations of the foreign national and granting permanent residency, exempting from any appropriate criteria, or any commitments within this Act — having the Minister’s judgment justifiable under humanitarian and compassionate grounds that are related with foreign nationals.They also need to consider the best interests of a child who has been affected directly through this process.
Section 34 includes offenses relating to Terrorism, Section 35 includes Organized Crimes, and Human Rights Violations falls under Section 37. Individuals involved in these offenses cannot use H&C law to overcome their inadmissibility. However, one can use H&C law for all other offenses.
Contact us if you are looking for help to overcome inadmissibility or sponsoring your spouse for permanent residency in Canada.
A Visa For You Immigration specialist will be in the best position to help you determine if you can apply under this program. Please complete our Immigration Assessment Form to find out from one of our immigration specialists if you would qualify under this program.
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