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Inadmissible for crimes

Bahama242

Newbie
May 27, 2018
6
0
Im deemed inadmissible because I have charges from 2004 for armed robbery with a firearm.....will I qualify for rehabilation, I didn't do any prison time only 4 years probation. Please help.
 

zardoz

VIP Member
Feb 2, 2013
13,304
2,166
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
Im deemed inadmissible because I have charges from 2004 for armed robbery with a firearm.....will I qualify for rehabilation, I didn't do any prison time only 4 years probation. Please help.
Canada criminal code 343(d).

343 Every one commits robbery who

  • (a) steals, and for the purpose of extorting whatever is stolen or to prevent or overcome resistance to the stealing, uses violence or threats of violence to a person or property;

  • (b) steals from any person and, at the time he steals or immediately before or immediately thereafter, wounds, beats, strikes or uses any personal violence to that person;

  • (c) assaults any person with intent to steal from him; or

  • (d) steals from any person while armed with an offensive weapon or imitation thereof.
344 (1) Every person who commits robbery is guilty of an indictable offence and liable

  • (a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of
    • (i) in the case of a first offence, five years, and

    • (ii) in the case of a second or subsequent offence, seven years;
  • (a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

  • (b) in any other case, to imprisonment for life.
https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility/overcome-criminal-convictions.html

In all cases, you may only be deemed rehabilitated if the crime committed outside Canada has a maximum prison term of less than 10 years if committed in Canada.

Needless to say, this is not applicable. The actual sentence that you received is irrelevant. It's the maximum potential sentence in Canada that is. Therefore you will need to apply for individual rehabilitation. No idea what your chances are....
 

Bahama242

Newbie
May 27, 2018
6
0
Canada criminal code 343(d).

343 Every one commits robbery who

  • (a) steals, and for the purpose of extorting whatever is stolen or to prevent or overcome resistance to the stealing, uses violence or threats of violence to a person or property;

  • (b) steals from any person and, at the time he steals or immediately before or immediately thereafter, wounds, beats, strikes or uses any personal violence to that person;

  • (c) assaults any person with intent to steal from him; or

  • (d) steals from any person while armed with an offensive weapon or imitation thereof.
344 (1) Every person who commits robbery is guilty of an indictable offence and liable

  • (a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of
    • (i) in the case of a first offence, five years, and

    • (ii) in the case of a second or subsequent offence, seven years;
  • (a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

  • (b) in any other case, to imprisonment for life.
https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility/overcome-criminal-convictions.html

In all cases, you may only be deemed rehabilitated if the crime committed outside Canada has a maximum prison term of less than 10 years if committed in Canada.

Needless to say, this is not applicable. Therefore you will need to apply for individual rehabilitation. No idea what your chances are....
 

LifeDreamer

Hero Member
Feb 14, 2018
499
122
The rehabilitation application is forward-looking with an outlook focusing on your future, not your past. Many people who have been convicted of armed robbery in the past have been approved.

Your application rests not on what you did in 2004, but the reasons for why you did it and how these reasons no longer apply to you today. Maybe you were poor and homeless, or you were badly influenced by some of your peers. Basically what your situation was back then and how it is today. You can use factors such as your education, employment, charity work, recommendations from your community and most importantly having been law abiding since that incident to paint a new picture for yourself over what has been previously tarnished.

You have some strong elements for a successful rehabilitation application since this was your only mistake, you did not offend again despite not going to prison to begin with.

I hope that you will take decision to apply and I welcome you in Canada to be my neighbor if you were truly rehabilitated and would like to lead a law-abiding life and positively contribute to the Canadian economy. You will find your life much easier here after being rehabilitated as the Canadian charter protects you from discrimination on your criminal past if you were pardoned or rehabilitated.
 

Bahama242

Newbie
May 27, 2018
6
0
What are your suggestions on applying ? I currently live in the Bahamas my eta was denied May 22nd 2018.