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Applicants with Criminal Records
682 Permanent resident applicants with Canadian criminal records People who want to apply for permanent resident status and who have a Canadian criminal record may need a Minister's Permit to enter Canada legally. Whether you will need a Minister's Permit will depend on which of the following three situations apply to you.
First, if you had a Canadian conviction but you have received a pardon from the Canadian National Parole Board, then your record is clear and you do not need a Minister's Permit to enter Canada.
Second, if you had a Canadian conviction and you do not have a pardon, then you will need to provide copies of all the documents relating to your charge and the court proceedings with your immigration application. Immigration Canada will need full details about the criminal charges to determine whether you can immigrate to Canada. You should contact an immigration lawyer to ensure that your application is properly prepared and handled.
Third, if the charges against you were discharged, withdrawn, or stayed, and you have no conviction on record, then you can apply to have your file destroyed. You can obtain more information about clearing your Canadian criminal record in the Criminal Law section of Legal Line . Once your criminal record has been cleared, you can follow the usual procedure to immigrate to Canada. If your file has not been cleared, then you will need to provide all the relevant documents about the charge and the court proceedings to Immigration Canada as part of your application.
You will not be approved for landing with a criminal record, so it is necessary to have your record cleared before you apply to become landed. You can obtain more information about pardons in the Criminal Law section of Legal Line , under the heading Criminal Records.
Immigrating to Canada with a criminal record is unlikely to be approved, and would be approved only after complicated representations by an experienced immigration lawyer. You should contact an immigration lawyer to help you prepare and handle you application.