Background/Declaration Convicted but Pardoned

[PM69]

My fiance does have charges but has received a pardon for all crimes by his state. Do we answer "yes" or "no" to the questions pertaining to convictions, or detained, incarcerated, or put in jail?
Thanks for any help.

 

[tink23]

Say yes and explain the circumstances of the charges and pardon. You may be asked for additional information or documents beyond the basic police check. Even if pardoned in another country, usually CBSA looks at a conviction in how it would be dealt with in Canada, which is why more documentation may be required further into the process. I'm not sure when they request rehabilitation papers, but your fiancé may have to apply for rehabilitation.

 

[PM69]

thank you for your quick reply. I was inclined to answer yes, and just say "pardon granted 2013" in the answers section. He applied for the pardon in preparation for immigrating so it shows good intent, at the very least.
Thanks again

 

[bartjones]

The foreign pardon isn't going to help you much in the eyes of CIC. They are going to look at the offence he was convicted of and when he completed his sentence. Can you share that information with us? It would be very helpful in giving you an answer as to whether you're going to have an issue or not.

If it was a single relatively minor offence and the sentence was completed more than 5 years ago, you'll probably be fine. If that's not the case, you may have a serious problem.

 

[scylla]

The foreign pardon isn't going to help you much in the eyes of CIC. They are going to look at the offence he was convicted of and when he completed his sentence.

Agreed.

 

[PM69]

The foreign pardon isn't going to help you much in the eyes of CIC. They are going to look at the offence he was convicted of and when he completed his sentence. Can you share that information with us? It would be very helpful in giving you an answer as to whether you're going to have an issue or not.

If it was a single relatively minor offence and the sentence was completed more than 5 years ago, you'll probably be fine. If that's not the case, you may have a serious problem.

It was a felony pot possession charge 9 years ago( can't remember the amount of pot). No charges since then. So, not a minor offence, but a long time ago, in another life. Now I'm stressing

 

[taffy7]

Don't want to stress you out but i would be gathering all court documents and any thing you can fine that pertains to his case. My husband had that charge 21 years ago and i am stressed about him not getting PR.

 

[bartjones]

It was a felony pot possession charge 9 years ago( can't remember the amount of pot). No charges since then. So, not a minor offence, but a long time ago, in another life. Now I'm stressing

The bad news is that the pot possession conviction makes him inadmissible to Canada and will, in the absence of some action on his part, most certainly be fatal to his PR application. The good news is that since 5 years have presumably elapsed since he completed his sentence, he has been pardoned and it's just a single conviction, he will probably be able to overcome that inadmissibility by applying for "Criminal Rehabilitation". You can read about that process here http://www.cic.gc.ca/english/information/applications/guides/5312ETOC.asp#5312E4

If you haven't submitted your PR application yet, then I would suggest submitting the application for criminal rehabilitation with your PR application. As taffy7 said, you should start gathering the court documents regarding the conviction ASAP as well as the other documents required for the criminal rehabilitation application. It can take a while.

This will probably delay the processing of your PR application as CIC tends to be very slow when it comes to processing applications for criminal rehabilitation. It can take up to a year to obtain criminal rehabilitation.

I'm assuming your fiancee is an American. Can I ask you this; is he living anywhere near a border crossing to Canada? Canadian Border Security can also process criminal rehabilitation applications there and they are usually processed much faster if you go that route. If that's a viable option for him, let me know and I can tell you how to go about doing that. It will save you a lot of time and stress.

In the meantime, and in response to your original question, you will have to disclose the conviction on his PR application. Do not try to hide it. Doing so will create a more serious problem of misrepresentation which will be more difficult to overcome than the actual conviction.

Sorry to be the bearer of bad news. You have a serious problem but it's a solvable one. Good luck.

 

[PM69]

The bad news is that the pot possession conviction makes him inadmissible to Canada and will, in the absence of some action on his part, most certainly be fatal to his PR application......
Sorry to be the bearer of bad news. You have a serious problem but it's a solvable one. Good luck.

Thank you for your reply Bart, even though it isn't what I want to hear. He is not near the border at all.. he's in SC. He will be coming here for a 6 month visit in Oct. though. Do you know if we can go to Buffalo at that time and apply for rehabilitation? I knew that was a possibility, so it's not a complete shock. I had hoped the fact the he was granted the pardon it would show he is considered a "non-criminal". So, in order to get records of the case do we contact the court where he was sentenced? ( he did 1 yr probabtion) And if you could walk me through applying in Buffalo if you think we can do that.
Thanks so much

 

[bartjones]

Thank you for your reply Bart, even though it isn't what I want to hear. He is not near the border at all.. he's in SC. He will be coming here for a 6 month visit in Oct. though. Do you know if we can go to Buffalo at that time and apply for rehabilitation?

Unfortunately, he won't be admissible to Canada, even as a visitor, until criminal rehabilitation is granted. So, if he attempts to enter Canada before rehabilitation is granted he will be refused entry. That's not a good thing and I wouldn't even attempt to enter until you've been granted criminal rehabilitation. Even if he manages to slip by the CBSA officer and is allowed to enter, technically, that is considered misrepresentation and seriously frowned upon by Canadian immigration.

And if you could walk me through applying in Buffalo if you think we can do that.

What you should do is this. Get all the documents together for the criminal rehabilitation application and complete all the forms. Make sure they are all complete and you have all the necessary documents. Take that to a Canadian border crossing. When you get to the border crossing kiosk tell the Canada Border Security officer that your fiancee is inadmissible to Canada due to an old criminal conviction, that you are not attempting to enter Canada but merely wish to visit the CBSA office there to submit an application for criminal rehabilitation. They will direct you into the CBSA office. Go into the office and submit your application. A CBSA officer will review it to make sure it's complete. Assuming that everything is in order, they will take the fee and the application, and immediately send you back to the U.S.

Once you've submitted the application your fiancee will have to return to the U.S. and wait for a decision on his criminal rehabilitation application. He may or may not be asked to return for an interview. Assuming the application is granted, they will notify him by mail. At that point he will no longer be inadmissible to Canada and can enter Canada as a visitor. He should take the letter from CBSA granting criminal rehabilitation with him when he enters Canada in case they ask to see it. The prior criminal conviction will no longer be an issue for him in the PR process either.

I do not know what the criminal rehabilitation wait times are at the Buffalo crossing. That's a pretty busy border crossing. If you can find a phone number for them you can call and ask. I was told recently that at the Niagara Falls crossing it was 4-6 months, but that was just hearsay. My wife and I did hers at the Detroit/Windsor tunnel crossing. I can tell you for a fact that as of March 2014 they were processing criminal rehabilitation applications there in 4-6 weeks. In our case they did it in only 3 days because her old criminal conviction was holding up her PR application.

So if you can do the drive to Detroit and go through the tunnel (not the bridge), that is definitely your fastest and best bet. Notwithstanding the extra few hours driving time, I would highly recommend doing it that way. They seem to be extremely efficient at that particular office.

I knew that was a possibility, so it's not a complete shock. I had hoped the fact the he was granted the pardon it would show he is considered a "non-criminal".

Unfortunately the U.S. pardon has no force or effect in Canada when it comes to his admissibility. The fact that he has been pardoned will however be a factor in your favor on the criminal rehabilitation application.

So, in order to get records of the case do we contact the court where he was sentenced? ( he did 1 yr probabtion)
Thanks so much

Yes, you will need to contact the court office in the jurisdiction in which he was convicted. Take a look at the document checklist for the criminal rehabilitation application in the link in my last post. It tells you exactly what you need to submit.

If you need any more help, just post your questions here. I'll see if I can answer them. Having been through this process with my wife, I know how difficult this can be for the both of you. Best of luck to you both.

 

[PM69]

He visited Canada for 5 months last winter. Maybe he was lucky that time? They didn't even blink. And in fact, we walked across the Rainbow Bridge accidentally without our passports (long story) when visiting Niagara. We were detained while they looked him up, but she didn't raise any alarms about not being deemed rehabilitated.

I am filling out the application now just to get it under way.. much of the documentation I already have as it is the same requirements for the pardon. And, I appreciate the info about Buffalo vs Detroit....the trip Windsor/Detroit would be an extra adventure on our journey

 

[bartjones]

He visited Canada for 5 months last winter. Maybe he was lucky that time? They didn't even blink. And in fact, we walked across the Rainbow Bridge accidentally without our passports (long story) when visiting Niagara. We were detained while they looked him up, but she didn't raise any alarms about not being deemed rehabilitated.

Lol, you were very lucky. My wife managed to sneak in too. CIC later accused her of "possible misrepresentation" for doing so.

I am filling out the application now just to get it under way.. much of the documentation I already have as it is the same requirements for the pardon. And, I appreciate the info about Buffalo vs Detroit....the trip Windsor/Detroit would be an extra adventure on our journey

Okay, good. Make sure to check, double check and triple check your application. If anything is out of order, CBSA will certainly throw it back in your face and send you packing.

You may want to call the various border crossings in the area, Lewiston, Rainbow, Fort Erie and see if they can tell you how long it takes them to process those applications. Maybe you can save yourself a trip to Detroit.

 

[taffy7]

I have a question , i haven't applied for rehab since my husbands conviction was over 21 years . I did however applied and got his courts records and anything else i could find to do with the case just incase. I may be taking a drive to Windsor /Detroit.

 

[bartjones]

I have a question , i haven't applied for rehab since my husbands conviction was over 21 years . I did however applied and got his courts records and anything else i could find to do with the case just incase. I may be taking a drive to Windsor /Detroit.

What was the offence? If it was a minor one, after 21 years he may not have to apply and may be "deemed rehabilitated". Also, is he American?

 

[taffy7]

What was the offence? If it was a minor one, after 21 years he may not have to apply and may be "deemed rehabilitated". Also, is he American?

no he is from the U.k and it was a pot charge same as the op. It is just over 21 years now. All records are clear but i ordered court documents just incase.