Canada Immigration After Conviction

Summary

A conviction for defrauding by false pretense can affect Canadian immigration under the Immigration and Refugee Protection Act. If the offense is considered indictable in Canada, it may lead to inadmissibility. However, after ten years, you might be deemed rehabilitated if no prison sentence was served. If not, apply for individual rehabilitation by demonstrating a stable life post-conviction. Gather documentation, proof of rehabilitation, and seek legal advice. If inadmissible, consider a Temporary Resident Permit (TRP) for temporary entry, or apply for criminal rehabilitation after five years from sentence completion. Fraud over $5,000 is an indictable offense with penalties up to 14 years.

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Dannard has approached you for advice because he is concerned that a previous criminal conviction could dash his family’s dream of relocating to Canada. Dannard advised you that, in *, a court in the Bahamas convicted him of defrauding by false pretence, contrary to sections *-* of the Bahamas Penal Code.

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Hi Dannard,
I hope you're doing well. I understand your concerns about your previous conviction and how it might impact your dream of relocating to Canada. Here’s a detailed outlook on your situation and some steps you can consider:

*. Possible Effects of Your Conviction
Inadmissibility Concerns:
In Canada, criminal inadmissibility is a serious matter. Your conviction for defrauding by false pretence can potentially make you inadmissible under the Immigration and Refugee Protection Act (IRPA). Specifically:
- Section *(*) of the IRPA: This section states that a person is inadmissible on grounds of serious criminality for having been convicted of an offence outside Canada that, if committed in Canada, would constitute an indictable offence under Canadian law.
Since defrauding by false pretence is also an indictable offence in Canada under Section * of the Criminal Code, your conviction may pose a problem.

*. Steps to Take When Applying for Permanent Residence
Rehabilitation:
- Deemed Rehabilitation: Since more than ten years have passed since your conviction and you were not sentenced to prison, you might be deemed rehabilitated. This meansyou may no longer be considered inadmissible due to the passage of time and the nature of your conviction.
- Individual Rehabilitation: If you are not deemed rehabilitated, you can apply for individual rehabilitation. You’ll need to demonstrate that you are unlikely to commit another crime and that you’ve led a stable life since the conviction.
Steps you should take:
*. Gather Documentation: Compile all necessary documents related to your conviction, including court records, proof of fines paid, and any other relevant information.
*. Proof of Rehabilitation: Collect evidence showing your rehabilitation, such as character references, employment history, community involvement, and any personal development courses undertaken.
*. Legal Advice: Consider consulting an immigration lawyer to assist with your application and ensure all forms are correctly filled out.

*. Options If Found Inadmissible
Temporary Resident Permit (TRP):
- If you are found inadmissible, you can apply for a TRP. This allows you to enter or stay in Canada temporarily if your need to be in Canada outweighs the risk to Canadian society. The TRP is discretionary and assessed on a case-by-case basis.
Criminal Rehabilitation Application:
- If not deemed rehabilitated,

Given what happened, the court did not sentence him to jail, but he was ordered to refund the money to the victims and to pay a fine. He refunded the money and paid the fine in May of the same year.

Hi Dannard,
I hope you're doing well. I understand your concerns about your previous conviction and how it might impact your dream of relocating to Canada. Here’s a detailed outlook on your situation and some steps you can consider:

Possible Effects of Your Conviction
Inadmissibility Concerns:
- In Canada, criminal inadmissibility is a serious matter. Your conviction for defrauding by false pretence can potentially make you inadmissible under the Immigration and Refugee Protection Act (IRPA).
- Section *(*) of the IRPA: This section states that a person is inadmissible on grounds of serious criminality for having been convicted of an offence outside Canada that, if committed in Canada, would constitute an indictable offence under Canadian law.
- Since defrauding by false pretence is also an indictable offence in Canada under Section * of the Criminal Code, your conviction may pose a problem.

Steps to Take When Applying for Permanent Residence
Rehabilitation:
- Deemed Rehabilitation: Since more than ten years have passed since your conviction and you were not sentenced to prison, you might be deemed rehabilitated. This means you may no longer be considered inadmissibledue to the passage of time and the nature of your conviction.
- Individual Rehabilitation: If you are not deemed rehabilitated, you can apply for individual rehabilitation. You’ll need to demonstrate that you are unlikely to commit another crime and that you’ve led a stable life since the conviction.
Steps you should take:
*. Gather Documentation: Compile all necessary documents related to your conviction, including court records, proof of fines paid, and any other relevant information.
*. Proof of Rehabilitation: Collect evidence showing your rehabilitation, such as character references, employment history, community involvement, and any personal development courses undertaken.
*. Legal Advice: Consider consulting an immigration lawyer to assist with your application and ensure all forms are correctly filled out.

Options If Found Inadmissible
Temporary Resident Permit (TRP):
- If you are found inadmissible, you can apply for a TRP. This allows you to enter or stay in Canada temporarily if your need to be in Canada outweighs the risk to Canadian society. The TRP is discretionary and assessed on a case-by-case basis.
Criminal Rehabilitation Application:
- If not deemed rehabilitated, you can apply for rehabilitation after five years from the completion of your sentence. This application

He solicited several of his colleagues at work and relatives of his clients. He had about * people join the scheme. After about five months of operation, his cousin disappeared with over $*,*.* in contributions from depositors. The court determined that the scheme was a pyramid or Ponzi scheme. Although the court held that Dannard was not a mastermind in the scheme, it concluded that he should have known that the scheme was not legitimate, especially given the amount of commission he earned on the deposits.

Possible Effects of Your Conviction
Inadmissibility Concerns:
- In Canada, criminal inadmissibility is a serious matter. Your conviction for defrauding by false pretence can potentially make you inadmissible under the Immigration and Refugee Protection Act (IRPA).
- Section *(*) of the IRPA: This section states that a person is inadmissible on grounds of serious criminality for having been convicted of an offence outside Canada that, if committed in Canada, would constitute an indictable offence under Canadian law.
- Since defrauding by false pretence is also an indictable offence in Canada under Section * of the Criminal Code, your conviction may pose a problem.

Steps to Take When Applying for Permanent Residence
Rehabilitation:
- Deemed Rehabilitation: Since more than ten years have passed since your conviction and you were not sentenced to prison, you might be deemed rehabilitated. This means you may no longer be considered inadmissible due to the passage of time and the nature of your conviction.
- Individual Rehabilitation: If you are not deemed rehabilitated, you can apply for individual rehabilitation. You’ll need to demonstrate that you are unlikely to commit another crime and that you’ve led a stable life since the conviction.
Steps you should take:
*. Gather Documentation: Compile all necessary documents related to your conviction, including court records, proof of fines paid, and any other relevant information.
*. Proof of Rehabilitation: Collect evidence showing your rehabilitation, such as character references, employment history, community involvement, and any personal development courses undertaken.
*. Legal Advice: Consider consulting an immigration lawyer to assist with your application and ensure all forms are correctly filled out.

what is an indictable offense in canada

An indictable offense in Canada is a more serious crime compared to summary offenses. Here are some key points:
- Seriousness: Indictable offenses are considered more severe.
- Examples: Murder, robbery, aggravated assault.
- Procedure: Often involve a preliminary hearing and trial by jury.
- Penalties: Harsher penalties, including long-term imprisonment.
Is there a specific indictable offense you're concerned about or need more details on?

Is fraud over over $*,*.* considered indictable offence in canada

Yes, fraud over $*,*.* is considered an indictable offense in Canada. Under Section *(*)(a) of the Criminal Code of Canada, fraud over $*,* is classified as an indictable offense and can result in severe penalties, including imprisonment up to 14 years.
Is there anything specific you'd like to know more about regarding fraud charges or their implications?

is it 10 years or 14 years?

Hi there,
In Canada, fraud over $*,* is indeed classified as an indictable offense under Section *(*)(a) of the Criminal Code of Canada. The maximum penalty for such an offense is imprisonment for up to 14 years.
Is there anything else you need more information on regarding fraud charges or their implications?

what steps you would advise Dannard to take in light of the conviction when applying for permanent residence.

Possible Effects of Your Conviction
Inadmissibility Concerns:
- In Canada, criminal inadmissibility is a serious matter. Your conviction for defrauding by false pretence can potentially make you inadmissible under the Immigration and Refugee Protection Act (IRPA).
- Section *(*) of the IRPA: This section states that a person is inadmissible on grounds of serious criminality for having been convicted of an offence outside Canada that, if committed in Canada, would constitute an indictable offence under Canadian law.
- Since defrauding by false pretence is also an indictable offence in Canada under Section * of the Criminal Code, your conviction may pose a problem.

If Dannard is found to be inadmissible after applying for permanent residence, what options/remedies are open to him if he wishes to come to Canada temporarily or permanently in the future, and what are the chances of success?

Hi Dannard,
I hope you're doing well. Here's a detailed outlook on your situation and some steps you can consider:

Possible Effects of Your Conviction
Inadmissibility Concerns:
- In Canada, criminal inadmissibility is a serious matter. Your conviction for defrauding by false pretence can potentially make you inadmissible under the Immigration and Refugee Protection Act (IRPA).
- Section *(*) of the IRPA: This section states that a person is inadmissible on grounds of serious criminality for having been convicted of an offense outside Canada that, if committed in Canada, would constitute an indictable offense under Canadian law.
- Since defrauding by false pretence is also an indictable offense in Canada under Section * of the Criminal Code, your conviction may pose a problem.

Steps to Take When Applying for Permanent Residence
Rehabilitation:
- Deemed Rehabilitation: Since more than ten years have passed since your conviction and you were not sentenced to prison, you might be deemed rehabilitated. This means you may no longer be considered inadmissible due to the passage of time and the nature of your conviction.
- Individual Rehabilitation:If you are not deemed rehabilitated, you can apply for individual rehabilitation. You’ll need to demonstrate that you are unlikely to commit another crime and that you’ve led a stable life since the conviction.
Steps you should take:
*. Gather Documentation: Compile all necessary documents related to your conviction, including court records, proof of fines paid, and any other relevant information.
*. Proof of Rehabilitation: Collect evidence showing your rehabilitation, such as character references, employment history, community involvement, and any personal development courses undertaken.
*. Legal Advice: Consider consulting an immigration lawyer to assist with your application and ensure all forms are correctly filled out.

Canada Immigration After Conviction

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