Am I criminally inadmissible to apply for a Canadian study visa?

[baobobs]

Hi there,

I know this question has been asked to death, but I wanted to get a feel as to where I stand against based on my circumstances.

I'm a 31 year old American male who's Canadian girlfriend just recently returned to Toronto. I miss her, and would like to relocate to Toronto. I'm considering pursuing a second masters degree in Computer Science, since my education history (BA in Fine Arts and MA in Geography) and employment history (2+ years in GIS) are probably not enough for me to be competitive in Toronto's job market, particularly for my field. I would like to pursue this second degree in Toronto, with the hopes that it may lead to a work visa opportunity and then permanent residency/citizenship.

The problem is, I have three convictions and five arrests on my record. When I was younger (between the ages of 18 and 25, roughly), I was very involved in graffiti. One conviction led to 2 years probation and $7,000 restitution, and another led to 30 days in jail. I am humiliated by my past behavior and understand that this will likely make it difficult for me to receive a work visa, much less even a job offer. I'm currently in the midst of trying to get some of the convictions sealed, although I doubt I'll manage to get all three sealed.

Based on my situation, do you all think that I would likely be deemed criminally inadmissible by the visa officer? If an application for rehabilitation is necessary, I understand that it can take up to a year or more to process.

 

[zardoz]

A lot will depend on a) how the convictions translate to Canadian Criminal Code offences and b) whether the cumulative offences give you extra "bonus points". Even if "sealed" in the US, they will all (including the arrests) have to be fully declared to Canadian immigration, so it will be a visa officer that will have to sort all of that out. Might be worth running it all past a Canadian immigration lawyer for an opinion.

 

[baobobs]

Thanks for the reply zardoz. I posted the same question on Yahoo Answers, and there was near certainty that I would be deemed criminally inadmissible, given the fact that I have more than one conviction on my record. I'm curious to know if you think that sealing the records would have any effect on their decision, or if it's not worth the effort. I'm going through the process of sealing right now, but if you think there is no point for me to wait on applying for rehabilitation until I manage to get what I can sealed, then I'll just begin the application process now (seeing as how it can take upwards of a year or more to process).

 

[zardoz]

From what I understand, Canadian Immigration will pay no attention to whether or not they are "sealed". They will only consider the facts of the charges/convictions. In your position, I would start the process of tackling CIC now, rather than waiting. However, as I said before, you really should seek professional legal assistance/advice. You can probably obtain a free 30/60 minutes consultation with a lawyer in Canada if you look around. I guess it might have to be by phone in your case.

 

[baobobs]

This clip from the CIC website seems to run counter to what I've heard elsewhere:

"If you were convicted for two (2) or more offences outside Canada that, if committed in Canada, would constitute summary conviction offences:

You are deemed rehabilitated: at least five (5) years after the sentences imposed were served or to be served.
You are eligible to apply for rehabilitation: not applicable."

Seeing as how I have several misdemeanor convictions, all beyond the five year requirement, doesn't this make me deemed rehabilitated? I just hope that one of them doesn't translate to an indictable offense, because the graffiti conviction resulted in a $7,000 restitution (equivalent to the total cost of graffiti removal).