更新犯罪記錄申請可移民加拿大的兩種方法

Overcoming Inadmissibility

曾犯罪可能是外國公民進入加拿大的主要障礙之一。從酒後駕車到欺詐和一級謀殺等犯罪和定罪可能是加拿大禁止準新移民入境的原因。但是,加拿大政府確實為您提供了幾種途徑。 途徑A - 更新犯罪記錄申請 如你已改過自新,更新犯罪記錄申請是一個永久性的解決方法。 要被歸類為“改過自新”,你必須滿足幾個標準,這些標準對於導致您不可入境的犯罪性質而言是獨一無二的。此外,在加拿大移民局眼中,您必須被視為“極不可能參與進一步的”犯罪活動。 此外,“個人改過自新”稱號的另一個要求是,從您犯下有關罪行之日起至您的刑事判決(包括緩刑)結束已滿五年。 最後,加拿大政府指出,更新犯罪記錄申請“可能需要一年多的時間來處理”,因此 移民局 建議您確保在前往加拿大之前做好充分的計劃。 途徑B-臨時居留証申請 如果您有正當理由,即使您的刑期結束後不到五年,您也申請臨時居留証。 但是,臨時居民証可證是有時間限制,期限將取決於您來加拿大的原因。 申請時,移民官員將酌情決定進入或留在加拿大的必要性“超過了對加拿大社會的健康或安全風險”。 Criminal inadmissibility can be one of the leading barriers to entry for foreign nationals looking to enter Canada. Offences and convictions ranging from driving while intoxicated to fraud and first-degree murder can be reasons that prospective newcomers to Canada may be barred from entering the country. However, the Government of Canada does provide several pathways for you, if deemed criminally inadmissible to Canada, to overcome this status and come into the country. Individual Rehabilitation The first pathway you can explore to overcome criminal inadmissibility to Canada is individual rehabilitation. This is a permanent solution for criminally inadmissible newcomers, so long as you do not commit another crime. To be classified as “rehabilitated”, you must meet several criteria, which are unique to the nature of the offence that led to your inadmissibility. Additionally, you must be seen—in the eyes of the government—as “highly unlikely to take part in further” criminal activity. Furthermore, another requirement of the “individual rehabilitation” designation is that five years have passed since the day you committed the offence in question and since the end of your criminal sentence (including probation). Finally, the Canadian government notes that criminal rehabilitation applications “can take over a year to process,” so IRCC recommends you ensure that you are planning far enough in advance of your travel to Canada. Temporary Resident Permit With a valid reason to be in Canada, as determined by the officer you encounter at the border, you can become admissible into the country even if it has been less than five years since the end of your criminal sentence. In other words, unlike a criminal rehabilitation application as outlined above, Temporary Resident Permits (TRPs) do not require a certain length of time to have passed since you committed the offence that caused you to be deemed inadmissible to Canada. However, Temporary Resident Permits are time-constrained, and the length of a given permit will be determined by your reason for coming to Canada. TRPs are also typically only valid for the duration of your stay in the country, contrary to some permanent solutions like a criminal rehabilitation application. TRPs assist an immigration or border services officer with determining your admissibility to Canada. The officer will use their discretion to determine whether they believe your need to enter or stay in Canada “outweighs the health or safety risks to Canadian society” and your admissibility into the country will be decided from there.