Criminal record need not scupper migration chances
While an applicant's character forms an important part of any immigration assessment, a criminal record does not necessarily sink and application, writes Mitchell Brownstein.
In this story of a Manchester family, the principal applicant was convicted of a minor infraction concerning telephone harassment at the age of 17, resulting from an ex-girlfriend's parents.
The principal applicant's two eldest sons had also been convicted of criminal acts including theft for a value under £3, as well as, in the case of the second eldest son, a more serious infraction of theft.
All offenses took place while the individuals were under the age of majority.
Based on this information and in order to ensure the successful acceptance and admission of the family, a carefully prepared application with detailed information was imperative.
We therefore highlighted that the principal applicant would receive excellent points as a microbiology technologist, holding a Master's degree with over 10 years of experience, and who had a Canadian sister permanently residing in Canada.
Further, it was important to explain to the authorities our interpretation of the immigration regulations regarding criminal inadmissibility.
This explanation, along with the statements made by the principal applicant and his two sons at the interview, we re the key factors which ensured success.
The immigration regulations state that where a person has been convicted of one or more offenses which would make him a juvenile offender in Canada, such a person is not inadmissible for immigration to Canada on criminal grounds.
However, in the event that they be considered inadmissible, should they be able to show their full and complete rehabilitation, such individuals would be considered admissible.
Under the immigration regulations, if one member of the family is inadmissible for medical or security reasons, the entire application falls.
This means that even if a dependant child who has not intended to accompany the principal applicant to Canada is deemed inadmissible, the entire application would still fall as it would be against public policy to admit only a part of the family with the knowledge that the other part of the immediate family unit would not be admissible.
It is highly advisable that in cases where criminal or medical admissibility can be questioned, a carefully drafted application with proper supporting documentation is submitted.
For information on this and other matters concerning immigration to Canada, contact Brownstein and Brownstein Attorneys, 1310 Greene Avenue, Suite 750, Montreal, Quebec H3Z 2B2, Canada: Tel: 514-939-9559; Fax: 514-939-2289.
Representatives of the company visit London on a regular basis to meet with people interested in immigrating to Canada. The next visit is scheduled for March 19th - 20th.
