As it is too well known, Express Entry is the Canadian online immigration visa application processing system that manages the petitions submitted for Permanent Residency (PR) under the nation’s three key economic immigration categories, namely, the Federal Skilled Worker Programme (FSWP), the Federal Skilled Trades Programme (FSTP), and the Canadian Experience Class (CEC).
Aspirants are given a position on the basis of points given for their supposed human capital and other factors even as only those candidates who get a tally above a certain Points threshold are sent an Invitation to Apply (ITA), for the much sought after Permanent Residence (PR) in the country in the draws held close-to every two weeks.
Those who are young, well-educated, skilled in either English or French language, and possess skilled employment experience, have a wonderful chance of getting an ITA, via Express Entry.
Having said this, even the dreams of the highly trained and gifted Express Entry aspirants of getting PR in the overseas hotspot could be dashed to the ground in case they are declared to be criminally inadmissible to the Maple Leaf Country.
Criminal inadmissibility completely ignores academic honors or professional achievement or one’s possible economic value to the hotspot. In case you have something on your record that makes you prohibited you will require taking the right steps, to wriggle out of the dicey situation and mend the state-of-affairs.
But How to Fix Inadmissibility
Criminal inadmissibility frequently emerges once a person presents a petition for Canada PR, which necessitates police certificates for any nation in which they and, in case applicable, their family members (spouse or common-law partner, dependent kids) stayed for a period of six successive months, inside the previous decade since the age of 18.
A certificate from police is basically an official copy of your criminal record or an official statement that your background is 100% clean with no criminal charges slapped against your name.
In case one has a record, the suitable steps in this situation are those needed for criminal rehabilitation, the procedure for remedying inadmissibility permanently.
With a view to have the eligibility for rehabilitation, it is required that not less than 5 years have passed from the date on which the sentence for a crime was completed, whether the sentence was imprisonment, trial, penalties, or any combination of these and other likely sentencing measures.
When to Submit Petition for Criminal Rehabilitation
You need presenting a petition for criminal rehabilitation either before, or simultaneously as the petition for Canada PR. It is not essential that the criminal rehabilitation gets sanctioned before the submission of your petition for PR.
It only requires to be presented and in processing. In this manner, both the petition submitted for PR and the criminal rehabilitation will be duly processed at the same time, and in reflection of one another.
Approval for the petition presented for PR will only be given in case the petition presented for criminal rehabilitation proves successful. Hence, it is vital that the latter is very persuasive.
But, the rehabilitation application does not require to be sanctioned prior to submission with the reason being the processing time for criminal rehabilitation is nearly 6 to 12 months. Given the fact that it takes 5 years to be qualified for rehabilitation, and age is a key issue in the Express Entry system, in some specific situations, avoiding a potential extra year prior to submitting an application may be the difference-maker in the context of getting PR in Canada.
What In Case Spouse/Common law partner is Deemed Inadmissible?
When applying for PR via Express Entry, only 1 petition is presented whether the main candidate is single or wedded/in a common law relationship. In the said manner, the destinies of the couple are entangled. In case one of them gets PR, then both of them will automatically receive the same. The plus point is that you may decide to go with the partner who scores the most points under the Comprehensive Ranking System (CRS) of Express Entry with a view to improving your chances of obtaining PR.
Similarly, a couple’s destiny is also entwined in the context of criminal admissibility. In case one partner is deemed to be inadmissible to the overseas hotspot, it will denote that the other partner is also found to be so for the object of PR in the nation.
Cataloguing the inadmissible person as non-accompanying does not resolve the condition either since the same does not change the truth they have been judged inadmissible. In such a condition, the lone choice for both the main and secondary candidate is for the inadmissible person to submit an application for criminal rehabilitation.
Summing-up, eligibility for PR in the Maple Leaf Country is the outcome of rigorous education, training, and professional accomplishments that have taken noteworthy effort and expense to attain, and if one is judged inadmissible despite all this, it is certainly shocking. A person keen to get PR in Canada and who is worried about inadmissibility whether for his own or that of his spouse/ partner would do well to check with an immigration expert to figure in case they have an issue, and if it is there what may be done to make the situation better.