Legal/Other

Rehabilitation
The Canadian Immigration Service's principle is that people with significant criminal or health problems will not be allowed to enter Canada through a disqualification review. However, among those who actually go through visa or permanent residency procedures, there are more people with criminal records than you might think. In this case, there are many inquiries as to whether it is possible to apply for a Canadian visa or permanent residency even if you have a criminal record. If there is a crime, how serious is it? Also, what effect does it have on the review? I will briefly inform you about Canadian crime and amnesty.

What is important for Canadian immigration is Canadian criminal law

When immigrating to Canada, the standard for judging crimes is Canadian criminal law, not the law of the country in which the act occurred. Therefore, if you have violated the “Adultery” or “Civil Defense Act,” which were previously defined as crimes in Korea, your criminal record will not be a problem in Canada. The point of review is what the punishment would be if the crime had occurred in Canada. Even if you are not punished for a crime in Korea and are only investigated, even if the indictment is dropped and you are cleared of charges, if you are indicted, you are all subject to review.

types of crimes in canada

Summary Offence

Relatively minor crimes include walking around naked in public places, owning prohibited animals such as black bears, falsifying resumes to apply for jobs, causing noise pollution that disturbs neighbors, theft under $5,000, etc.

Indictable Offence

Serious felonies include not only crimes such as murder and kidnapping, but also falsification of official documents, robbery and drug trafficking, injury due to threatening driving, and production or distribution of pornography using minors.

Hybrid Offence

The most common crimes that disqualify Canadian immigrants are drunk driving, driving with a blood alcohol content of 0.08% or higher, refusing a breathalyzer test, carrying a weapon or assault causing serious harm, soliciting prostitution, etc.

crime pardon

Although the seriousness of the crime is important in pardoning a crime, proving that the crime is unlikely to occur again is most important. The longer the period of no additional criminal history after the incident, the more favorable it is for a pardon, and this period is calculated from after the punishment is over.

Additionally, under Canadian criminal law, it is not a problem if there is only one crime that is a misdemeanor and 5 years have passed since the punishment was completed. Similarly, it is not a problem if there is only one general crime that is more than 10 years old. However, although there is a provision that a general crime that is more than 10 years old is considered a pardon, this in no way means that it is an “automatic pardon.”

Immigration Canada's position is to block the possibility of foreigners entering Canada and committing crimes. So, just as the same crime is treated differently when it is a first offense and a repeat offense, it is believed that people with multiple past criminal records are more likely to commit crimes in Canada.

After the punishment is over, if there has been no crime for at least 5 years, you can apply for pardon. By applying for this pardon, the grounds for inadmissibility into the country will be completely eliminated through a criminal background screening. One important thing to note is that applying for a pardon is purely to resolve visa or permanent residency issues with Citizenship and Immigration Canada and does not in any way change your record within the Korean judicial system.

Because the results of applying for a pardon can vary greatly depending on how the appeal is made, it is very important to find an expert with extensive experience and expertise in applying for a pardon and receive accurate consultation before proceeding.