How To Apply For PR Or Canadian Citizenship With A Criminal Record
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How To Apply For PR Or Canadian Citizenship With A Criminal Record

When you have been issued Permanent Residence status then you can be eligible to live permanently in Canada and you have rights more than temporary visitors but not equal rights like Canadian citizens. You can come and leave Canada whenever you want while having a PR card. If you want to be eligible to submit your application for PR or Canadian Citizenship With A Criminal Record. First of all, you need to recover this restriction barrier to make you eligible for applying for Canadian PR. You have to make your record clear to have certified and improved criminal rehabilitation before applying for Canadian PR . You need to recover all the obligations imposed on you by completing your sentences. You have to pay all the pending fines to complete your sentence then probation will be issued to you. You need to submit a copy of police documents or a copy of a court clearance order for the sentence imposed on you. 

Can Some Lose Their Status As A Permanent Resident Because Of A Criminal Record?

A person’s criminal record can lead to them losing their status as a permanent resident. They can also be deported out of Canada because of it. If you have been living in Canada for a very long time, it does not necessarily mean that your PR status will not suffer any change if you get a conviction for a criminal offence in the country. 

If the immigration authorities including the Immigration, Refugees, and Citizenship Canada had knowledge of your criminal record at the time you were granted the permanent resident status, then it will not have any further impact on you. But if the IRCC gets this information regarding your criminal record after you have gained permanent residency in Canada, or if a new criminal charge gets added to your record, then this has the potential to affect you and your permanent residency. 

What Happens If You Get Convicted For A Crime As A Permanent Resident?

If you are charged with a criminal offence and you are living in Canada at the time with permanent resident status, then the report of this offence will be submitted to the Canada Border Service Agency by the police.  When the report is received by the CSBA, they conduct their own investigation about the severity of the offence with which you are charged to determine what effect it must have on your immigration status in Canada. 

If your immigration authority is the IRCC, you can be considered inadmissible in Canada on the basis of your criminal record for any crime that is considered serious for the following cases:

  • If you got the conviction when you were inside Canada for a crime that is considered a federal offence and it can get you a punishment of a maximum of 10 years in jail or if you have two offences against the Act of Parliament. 
  • If the conviction for the crime was obtained outside of Canada, if the same offence has been committed inside Canada, would have got a punishment of a maximum term in prison of 10 years or if the crime can be considered as one or two offences under the Act of Parliament. 
  • If the offence you committed was considered an offence under the Act of Parliament and the offence was committed after your entry into Canada. 

Can Those Who Have A Criminal Record Apply For Canadian Citizenship?

If you want to be taken into consideration for gaining citizenship in Canada, you should have been born in Canada or have been born to Canadian parents who are living outside the country. If you were born in a country apart from Canada and have a child who was not born in Canada, that child will not be considered a citizen of Canada. You can be considered as a citizen of Canada if you gain Canadian citizenship through Citizenship and Immigration Canada. 

If you gain Canadian citizenship, you become entitled to a lot of privileges in the country such as the right to vote, the freedom of speech, the right to practice your religion but you also gain the responsibilities of a citizen of Canada. These include the responsibility to be respecting the rights and freedom of other citizens and residents of the country. You will have to abide by Canadian law, take part in the democratic process of the country, have respect for multiculturalism in Canada as well as the official languages of the country and its heritage, etc. 

If you wish to apply to gain citizenship of Canada, to be considered eligible, you will have to meet certain requirements, including that you must be above the age of 18, you should have been living in Canada with permanent resident status for a time period of a minimum of 2 years in the last 5 years. If during this period you have been doing community services under court order, are in prison, on parole or probation, or in pre-trial custody, this time period spent in Canada will not be counted towards the total of two years of Canadian residency that you need to apply for permanent residency in Canada. 

If you have been living outside Canada for a long time, that too can lead you to lose your permanent resident status. When you are submitting your application for Canadian citizenship, you will have to provide detailed information regarding any and all criminal offences. Whether the criminal record is inside or outside Canada, it should be mentioned. 

Can Someone Lose Their Canadian Citizenship Status If The Person Has A Criminal Record?

In some rare cases, a person who already has Canadian citizenship can lose this status through revoking it by immigration of federal authorities. This can happen in case the person involved has committed some offence while they were in the process of getting their citizenship of Canada or their permanent resident status. The offence eligible in such cases also include misrepresentation which can mean that you have been found to have been lying to a judge, hiding some previous offences in your past, etc. Even if you have not been convicted, it does not mean that your citizenship status is secure. The minister of the IRCC will have to be satisfied with the offence or charges in your past and then your PR or citizenship application will be processed by the Federal Court of Canada and undergo a judicial review before a final decision can be made. 

Who Is Not Eligible For Canadian Citizenship?

You will be considered ineligible for Canadian citizenship if any of the following is true for you:

  • If you are in prison in Canada, if you are on parole or probation. 
  • If you have been charged with a criminal offence that is considered serious and an offence under Citizenship Act. 
  • If you have been or ever were convicted for a serious offence that is considered criminal or an offence under the Citizenship Act, before submitting your application or while your application is being processed. 
  • If you have been served a removal order or have ever been under a removal order.
  • If you have been convicted for an offence but the final decision of the charges has not been given or if you have pending charges.
  • If you are currently being investigated or have ever been convicted for certain crimes that are considered war crimes or crimes against humanity in general. These include murder, enslavement, torture, sexual violence, deportation, extermination, etc. 
  • If you have had your status as a Canadian citizen revoked any time in the last 5 years.
  • If you have committed a crime outside of the country, and it is still considered a crime in Canada, that can potentially make you ineligible to apply for Canadian citizenship. 

 

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