How a legal opinion letter can help you come to Canada with a criminal record

How a legal opinion letter can help you come to Canada with a criminal record

Revealed on May perhaps 18th, 2022 at 01:00pm EDT

How a legal opinion letter can help you come to Canada with a criminal record

A lawyer may be capable to generate a letter that can help you cross the border if you have concerns about legal inadmissibility.

A authorized viewpoint letter does not override prison inadmissibility, but it can explain to a border official why you are not really inadmissible in the to start with put. It offers a legal investigation of your circumstance and how it suits into the context of Canadian law.

Legal feeling letters can be specifically practical for folks who in shape the definition of “deemed rehabilitated,” or for these who are charged with crimes that do not render them inadmissible. It can also be utilized before your sentencing to enable you keep away from additional really serious convictions.

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Considered Rehabilitation

A man or woman is deemed rehabilitated when they are no more time regarded as criminally inadmissible to Canada by immigration authorities.

If at least 10 years have elapsed considering the fact that you had been convicted of a non-significant criminal offense, you can be deemed rehabilitated. In this case, you could have defeat inadmissibility already and do not will need to post an software just before going to Canada.

Regretably, even persons who are considered rehabilitated nevertheless come across troubles at the Canadian border. Canadian immigration border officers can change persons absent if they feel you pose any stability hazard, even based mostly on a non-serious charge. This is where by a authorized impression letter can make clear that you are admissible regardless of your prison heritage.

Crimes that are not inadmissible

Less critical offenses

Border officers might not know how certain offenses are categorized. Really serious crimes that carry a sentence of 10 several years or far more, such as driving under the influence, might make a person inadmissible. However, non-significant crimes do not automatically have the exact outcome.

A legal opinion letter would make clear why a distinct offence is thought of non-major and why it does not make another person inadmissible to Canada.

No Canadian equivalent

Some acts are illegal in the country the place they ended up done, but not in Canada. As a final result, anyone who dedicated these an act would not be inadmissible to Canada. For illustration, if another person was billed with possession of cannabis it may not be a criminal offense if the total they ended up carrying would be legal in Canada.

In this case, a legal view letter could clarify to the border providers officer that an equivalent crime does not exist in Canada. Thus, in the Canadian context, this particular person has not committed a crime and is subsequently not inadmissible to Canada.

Benefits of a pre-sentencing legal feeling letter

If you have been billed with a criminal offense, you can steer clear of remaining convicted with the assistance of a lawful impression letter resolved to the judicial authority who is hearing the situation.

This is a lawful viewpoint that is drafted by a Canadian immigration law firm in which they refer to the related sections of Canadian legislation to demonstrate the outcomes a guilty verdict would carry with regard to an individual’s potential to enter Canada.

In addition to appealing to the judge’s compassion by outlining the results of a conviction, a attorney can also recommend alternate infractions that would not render the individual inadmissible should really he or she be convicted. This is not always feasible for much more significant costs, but some offenses can be pleaded down in this kind of a way that the conviction does not result in inadmissibility.

For case in point, reckless driving can be diminished to a site visitors violation, which does not render one inadmissible. The charges could even be dropped altogether in specific situations. A lawful belief letter can assist by laying out the selections and describing any mitigating conditions that could warrant much less severe punishment.

The decide may possibly attribute considerable weight to the letter and consider it into thought when imposing the sentence. In this manner, quite a few people today who experienced the foresight to procure a legal viewpoint letter from an skilled Canadian immigration lawyer have been convicted of a lesser offence and, consequently, have averted becoming discovered inadmissible.

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