Facts of Express Entry system in Canada and criminal inadmissibility - June 20, 2018

The Express Entry system manages applications for three major economic immigration classes in Canada. These are the Federal Skilled Trades Class, the Federal Skilled Worker Class and the Canadian Experience Class.

Candidates get a rank on the points they score for their human capital and other factors. Only individuals who score higher than a certain point threshold get the invitation to apply seeking PR in Canada. The draws are held every two weeks.

A young, well-educated, possessing proficiency in English or French, and skilled work experience, has an excellent chance to receive the invitation through Express Entry.

There is another fact also, that even the candidates, who have good qualifications cannot realize their dreams to get a Canadian PR. This happens if they end up to be criminally inadmissible, in the country.

Criminal inadmissibility does not recognize the traits of academic success or professional achievement or any potential economic benefit that the immigrant brings to Canada. If there is something on record that makes a person inadmissible it requires taking proper steps to for the solution of the situation.

Process of resolving inadmissibility

Criminal inadmissibility arises when a person submits an application seeking permanent residence, which needs police certificates for a country where they had a residence. It is also applicable, for the family members, spouses; common-law partners, dependent children, as well as their dependent children living for six consecutive months during the past ten years after attaining the age of 18 years.

Giving the police certificate signifies that it is an official evidence of no criminal record. It is moreover the official declaration that the person is not having any criminal record whatsoever.

If a person has such a record, there are proper steps in this situation to opt for criminal rehabilitation. It is also the process for resolving this inadmissibility in a permanent way.

For becoming eligible to take up rehabilitation, at least five years must pass, from the date on which, the sentence for such offense is complete. It contains the scenarios of probation, incarceration, fines, or a combination of them all and other possible sentences.

When can a person seek criminal rehabilitation?

An application seeking criminal rehabilitation needs to be submitted either before, or simultaneously with the application seeking permanent residence. It is not required that the criminal rehabilitation is approved before the submission of application for permanent residence. It needs submission. Through this the application seeking PR and the application for criminal rehabilitation will be processed at the same time and both of them will receive importance.

The condition is that the application seeking PR will gain approval when the application for criminal rehabilitation is also successful. That is the reason it is important the latter needs to be compelling.

The rehabilitation application need not be approved before submission, because the processing time to get criminal rehabilitation ranges from six to twelve months. Considering that there is a need of five years to gain the eligibility for rehabilitation, and age being important in all Express Entry programs, avoiding an extra year prior to applying can make a huge difference to get the Canadian PR.

Situation when spouse/common law partner is inadmissible

While applying for Canadian PR using the Express Entry, there is a single application for submission. This applies if the primary applicant is single or married or has a common law partner. The fate of the couple is joint, and if one of them gets PR, both of them will get it. The advantage is that the applicants can opt to go with the partner who scores high in Express Entry’s CRS to have a better chance to obtain permanent residence.

Similarly, the fate of a couple is joint, in criminal admissibility scenario. If a partner is inadmissible, this means that the other partner is also inadmissible for getting the Canadian PR.

To List the inadmissible person as non-accompanying does not help in resolving such situation, because it does not change the fact they are inadmissible. In such situations, the option for the primary and secondary applicants is for the inadmissible individual to submit the application seeking criminal rehabilitation.

Conclusion

Getting the Eligibility for permanent residence in Canada happens after rigorous schooling, great training, and professional accomplishments. These require noteworthy efforts and expenses and being inadmissible is very disturbing. A person seeking it and is concerned about inadmissibility for self or for a spouse/partner should consult an immigration expert. Through this he/she can to realize the Canadian dream.

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