Eligibility for Criminal Rehabilitation

[krn12]

Hello.
I know it's probably a long shot, but I guess it's my only choice.
I'd like join or at least be allowed to visit my child in Canada for extended periods, who's in immigration process through Express Entry as a highly skilled worker.
I have no family left whatsoever in our home country, and despite my low (non-existent) chances of getting a visa as a sponsored parent because of my old convictions, I'd like to know whether there's a point in trying to apply for a criminal rehabilitation.
I have an assault with bodily harm record, from 20 years ago (sounds worse than it actually was, but it doesn't change the fact that this criminal code is considered a serious crime)
And I have another record, from over several years ago, for fraudulently receiving a small amount of money from the state. I was entitled for the money, but I didn't comply to all the rules when receiving it.

Is there any chance for a criminal rehabilitation application in this case? Is there any chance to do anything at all?
Thank you.

 

[scylla]

Hello.
I know it's probably a long shot, but I guess it's my only choice.
I'd like join or at least be allowed to visit my child in Canada for extended periods, who's in immigration process through Express Entry as a highly skilled worker.
I have no family left whatsoever in our home country, and despite my low (non-existent) chances of getting a visa as a sponsored parent because of my old convictions, I'd like to know whether there's a point in trying to apply for a criminal rehabilitation.
I have an assault with bodily harm record, from 20 years ago (sounds worse than it actually was, but it doesn't change the fact that this criminal code is considered a serious crime)
And I have another record, from over several years ago, for fraudulently receiving a small amount of money from the state. I was entitled for the money, but I didn't comply to all the rules when receiving it.

Is there any chance for a criminal rehabilitation application in this case? Is there any chance to do anything at all?
Thank you.

Best option would be to get a consult with a Canadian immigration lawyer.

Five years must have passed since you completed any probation / paid any fee related to the second charge before you can consider applying for rehab.

 

[krn12]

Best option would be to get a consult with a Canadian immigration lawyer.

Five years must have passed since you completed any probation / paid any fee related to the second charge before you can consider applying for rehab.

Indeed, from the second conviction more than 5 years have passed (and more than 10 years have passed since the incidence)
And from the first conviction (assault), more than 15 years have passed (and more than 20 have passed since the incidence)
For both convictions, there was only a small fine to pay, and a small period of probation(couple months). No incarceration time.
Thank you.

 

[scylla]

Indeed, from the second conviction more than 5 years have passed (and more than 10 years have passed since the incidence)
And from the first conviction (assault), more than 15 years have passed (and more than 20 have passed since the incidence)
For both convictions, there was only a small fine to pay, and a small period of probation(couple months). No incarceration time.
Thank you.

Based on that, you qualify to submit a rehabilitation application. This doesn't guarantee approval of course. But certainly worth a shot. Processing tends to take quite a long time (longer now due to COVID-19). So I would recommend submitting as soon as you have an application together. You'll need all of your court documents, etc. Details below.

https://www.canada.ca/en/immigratio...n-inadmissible-persons-criminal-activity.html

https://www.canada.ca/en/immigratio...admissible-canada-past-criminal-activity.html

 

[krn12]

Based on that, you qualify to submit a rehabilitation application. This doesn't guarantee approval of course. But certainly worth a shot. Processing tends to take quite a long time (longer now due to COVID-19). So I would recommend submitting as soon as you have an application together. You'll need all of your court documents, etc. Details below.

https://www.canada.ca/en/immigratio...n-inadmissible-persons-criminal-activity.html

https://www.canada.ca/en/immigratio...admissible-canada-past-criminal-activity.html

Thank you very much for your help!

Two last questions, if I may :
1. when you say I qualify but the approval is not guaranteed, do you think it's far fetched or can I be a bit more optimistic?
2. in case I don't get an approval, would there be any options left? can I reapply again(after a short time?) or would the chances of it be lower if I was declined the first time?
because TRP for example as I understand only applies for very specific and extreme cases, if I'm not mistaken.

 

[scylla]

Thank you very much for your help!

Two last questions, if I may :
1. when you say I qualify but the approval is not guaranteed, do you think it's far fetched or can I be a bit more optimistic?
2. in case I don't get an approval, would there be any options left? can I reapply again(after a short time?) or would the chances of it be lower if I was declined the first time?
because TRP for example as I understand only applies for very specific and extreme cases, if I'm not mistaken.

1. No idea. Really depends on the details of your convictions (especially the first one - how IRCC assesses this conviction / maximum penalty in Canada). You would be best off working with an experienced Canadian immigration lawyer.
2. You can certainly reapply although that would only make sense if you can overcome the refusal reasons. A TRP is an option however you would need to have a pressing reason to be in Canada. Simply visiting your children is unlikely to qualify.