Undisclosed Criminal Records and Criminal Rehabilitation

30th Oct 2017 Comments Off on Undisclosed Criminal Records and Criminal Rehabilitation

Last updated on May 7th, 2019

Last Updated on May 7, 2019 by Steven Meurrens

A difficult situation that some prospective immigrants who are already inside Canada face is that they have a criminal record that they have not previously disclosed to Canadian immigration officials.

What is often especially unfortunate in such situations is that the criminal conviction can be really old, but the instances where someone failed to disclose their conviction to Canadian immigration officials more recent.

Having successfully represented several individuals in such situations obtain permanent residency, there are several legal principles that I think anyone in such a situation needs to understand.

1. An individual who has a foreign criminal record can apply to Canadian immigration officials for a determination that they are rehabilitated if it has been more than five years since the sentence was completed.  

Rehabilitation assessments are forward-looking. The test is whether a person is likely to commit criminal conduct.  Officers must consider both positive an neutral factors relevant to the application.

2. An individual not disclosing a criminal record to Canadian immigration authorities can be treated as a negative factor in a rehabilitation assessment. 

The Federal Court has in several cases (such as Tejada v. Canada) held that an individual’s past dealings with Canadian immigration authorities is a relevant factor in determining whether an individual is likely to commit a criminal offence in Canada in the future, with the logic being that a person who is willing to break immigration legislation might also be willing to break criminal laws.  In a pair of 2018 decisions that neatly summarize the law, Justice Diner held that misrepresenting one’s criminal history can tip the balance towards recidivism over rehabilitation  (Yu v.

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Returning to Canada After Previously Overstaying

13th Oct 2017 Comments Off on Returning to Canada After Previously Overstaying

Last Updated on October 13, 2017 by Steven Meurrens

It is not uncommon for people who have previously overstayed in Canada to wish to return.  Many people worry that it will not be possible to do so. However, regardless of whether one previously overstayed but left Canada before Canadian immigration authorities discovered the overstay, or even if one was ordered to leave Canada, it is certainly possible and common that a Canadian visa office abroad will approve a visa to allow that person to return to Canada, despite the previous non-compliance.

The following is a reference letter that an applicant used in the case AlOmari v. Canada (Citizenship and Immigration). It is as a good example of the level of detail that should go into such a letter, and can serve as a useful reference for others.

In November 2015, I made the mistake of not renewing my study permit because I was not able to complete my flight training during the unstable weather conditions of the fall and winter seasons. This bad decision and judgment call is what led me to overstaying.

I could not leave until July 11, 2016 because I was required to remain with my wife and sisters who were actively studying. As outlined in the translated Saudi government scholarship rules, female students are required to travel and live with a male relative, such as a father, husband or brother. Leaving my wife and sisters would have led to them losing their scholarships, and ability to study.

I should have sought the assistance of a lawyer to discuss how I could extend my stay in Vancouver, even though I could not complete my flight training during the fall and winter seasons.

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Work Permits for Post-Doctoral Fellows and Research Award Recepients

12th Oct 2017 Comments Off on Work Permits for Post-Doctoral Fellows and Research Award Recepients

Last Updated on October 12, 2017 by Steven Meurrens

Immigration, Refugees and Citizenship Canada has a Labour Market Impact Assessment (“LMIA“) exemption for post-doctoral fellows awarded a Doctorate of Philosophy and research award recipients. The advantage of such an exemption is that a person can obtain a work permit without the need of the prospective employer to first test the Canadian labour market.

Post-doctoral fellows holding a Ph.D. or its equivalent

To qualify for a work permit under this LMIA exemption, the prospective foreign worker must:

  • have completed, or be expecting to complete shortly, their doctorate;
  • be working in a field related to that in which they earned, or are earning, their Ph.D.;
  • be the direct recipient of the award involving work and remuneration;
  • actively contribute to and benefit a Canadian research project;
  • demonstrate academic excellence or expertise in a field related to the particular work to be undertaken;
  • be working in a time-limited position that reflects the experience and expertise of the applicant and the role that they will play on the project;
  • have a significant role to play or value to add to the research project.
  • hold an official position or an affiliation or registration with a credible academic or educational institution or agency in their country of citizenship or residence.

The post-doctoral fellows can either be the direct recipients of theaward or be offered a time-limited position to undertake research on behalf of or as part of a team of researchers.

Awards

In order for a person to receive a work permit based on an award, the prospective foreign worker must have received an award that was:

  • given based on merit and academic excellence;

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Citizenship Requirements to Change October 11

4th Oct 2017 Comments Off on Citizenship Requirements to Change October 11

Last Updated on October 4, 2017 by Steven Meurrens

The Government of Canada today announced that its long awaited changes to Canadian citizenship requirements will take effect on October 11, 2017.

Here are some key changes that you should know about.

1. The amount of time that a permanent resident must spend in Canada before being eligible to apply for Canadian citizenship is decreasing.

Currently, permanent residents have to have been physically present in Canada for four out of six years before applying for Canadian citizenship. As of October 11, 2017 applicants will instead need to be physically present in Canada for three out of five years before applying for citizenship.

As well, permanent residents will no longer be required to be physically present in Canada for 183 days in four out of the six years preceding their application.

2. Physical presence will continue to be the test for meeting the citizenship residency requirement.

Prior to 2014, it was possible for permanent residents who were not physically present in Canada but who had substantial ties to Canada to meet the citizenship residency requirement.

In 2014, Canada’s citizenship law was changed so that only the days that a permanent resident was physically present in Canada counted towards the residency requirement. This will continue to be the requirement after October 11, 2017.

3. Part of the time that a permanent resident spent in Canada as a visitor, worker or student can now count towards the citizenship residency requirement.

Currently, time spent in Canada prior to becoming a permanent resident does not count towards the physical presence requirement for citizenship.

As of October 17, 2017, applicants may count each day they were physically present in Canada as a temporary resident (such as a worker,

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