Immigration Corner | Do I need a police certificate?

Dear Ms Powell,

Will I need to provide a police certificate if I’m applying for a visitor’s visa? If so, why would a police certificate be required just for a visitor’s visa?

JE

Dear JE,

Police certificates, police records or certificate of non-criminal activity are required by Immigration, Refugees, and Citizenship Canada (IRCC) as proof that you are admissible to Canada. IRCC requires it for all applicants for permanent residence; however, they may also request biometrics and a police clearance certificate from any individual who is applying for visitor’s visa, work permit and study permit. IRCC may request a report from all countries in which you have resided for six months or more since your 18th birthday. If you spend five or six months as a visitor in another country, they may also request a police report from that country to prove that you are admissible to Canada.

WHAT IS ADMISSIBILITY?

An individual is deemed admissible to Canada if he/she meets the legal requirements to enter, or remain in the country. An officer will evaluate your application, the police report, or police clearance certificate along with any additional background information to which they may have access.

Applicants need to be aware that even though an individual may have a clean criminal record, or a certificate of non-criminal activity, this does not automatically mean that you have the right to enter Canada. An officer will decide whether you can enter Canada based on factors such as security concerns, criminal, medical, financial information or evidence of misrepresentation.

SECURITY CONCERNS

An officer can deny you entry into Canada if you have a history of being involved in espionage, subversion, or attempts to overthrow a government. The same is true if you or a family member were involved in violence, terrorism or were a member of an association that is involved in, or associated with, human-rights violation or war crimes.

Additionally, an individual may be deemed inadmissible if you have a history of committing a criminal offence that is also an offence in Canada. This includes driving under the influence of drugs or alcohol, organised crime, money laundering, embezzlement, human trafficking, or failing to comply with immigration laws in Canada or any other country.

MEDICAL AND OTHER REASONS

You can be deemed medically inadmissible to Canada if you had a medical condition that would endanger public health and safety. A common reason for the denial of permanent residence application is where an individual’s medical report reveals that the applicant has a condition that would cause “excessive demand” on health and social services in Canada.

An applicant can be deemed inadmissible based on evidence that you are not able to or unwilling to support yourself and your family members. Additionally, providing false information, or withholding relevant details of your background and circumstances which could influence the outcome of your application, can be deemed as misrepresentation. The penalty for misrepresentation is that you can be banned from entering Canada for five years, and this finding could have a negative impact on future applications.

WHAT TO DO IF INADMISSIBLE

A person who is deemed inadmissible will not be permitted to enter or stay in Canada. If you are deemed inadmissible because of a criminal offence, you may have options. Your ability to enter Canada with a history of criminal offence would be based on the nature of the offence, where the crime was committed, the time that has passed since your conviction, and other factors which could result in a finding that you are deemed rehabilitated and not a threat to others in Canada.

If you have a criminal record, or have concerns about your application, I recommend that you consult with a Canadian immigration lawyer. Your lawyer may be able to provide you with a legal opinion letter, or assist you with overcoming your inadmissibility by applying for an authorisation to return to Canada, an application for rehabilitation, record suspension or pardon.

Deidre S. Powell is a lawyer, mediator, and notary public in Canada. Submit your questions and comments or request a consultation via Facebook and WhatsApp or call 613.695.8777 .