Get a Pardon after Being Deported for a Criminal Record

More than 10,000 people are deported from Canada every year.

There are many reasons why a visitor, asylum seeker, permanent resident, etc might be deported.  but any non citizen convicted of a criminal offence in Canada will be prevented from re-entering the country until they have received a pardon (also known as a record suspension). This is true even if the criminal conviction was completely unrelated to their deportation. In fact, a person who has committed a crime in Canada and has not received a pardon may be prevented from re-entering the country even if he or she departed voluntarily.

Someone who has been deported from Canada and needs to get a pardon will be subject to the same rules and requirements and as someone living in Canada. They will need to satisfy the same waiting periods, provide equivalent documentation and pay the same processing fees. However, foreign applicants may face unusual complications preparing the application. The National Pardon Centre helps people from all over the world to obtain pardons. This is one of the most important aspects of our work. Getting a pardon can mean that someone who has previously been inadmissible to Canada can be reunited with loved ones and begin the process of settling in Canada on a permanent basis.

Anyone who wishes to apply for a pardon from the Canadian Government will first need to get a copy of the criminal record from the Canadian federal police service, the RCMP. The National Pardon Centre is equipped to help anyone obtain a copy of their criminal record, regardless of where they are located. We are accredited by the RCMP to process fingerprints submissions for criminal background checks. This service is included in our pardons Canada preparation service, but we can also assist applicants who are preparing the application on their own or who have retained a lawyer. (Information on our International Fingerprints Services can be found here.)

The second step in preparing the pardon application is requesting the necessary documentation from the courts. Normally court requests are submitted in writing, but the procedure can vary according to the province and the individual court. Once the court information has arrived, it will be possible to confirm the applicant’s eligibility for a pardon. In order to qualify for a pardon, an applicant must satisfy a period of good behaviour after the completion of their sentence. You can find more information about pardon eligibility here.

Third, the applicant will need to obtain a certificate from their local police service in order to demonstrate that they have maintained good behaviour since their criminal conviction. If they have lived in different places within the five years prior to applying, they may need to provide certificates from more than one police service. If the certificate is not in English or French the applicant will need to provide a certified translation.

If the applicant has been convicted of a criminal offence outside of Canada this may affect his or her eligibility for a Canadian pardon. It will be necessary to demonstrate that the applicant would be eligible for a pardon if the offence had been committed in Canada.

Once the application is complete it is submitted to the Parole Board of Canada for processing. The time it takes the Parole Board to make a decision regarding an application depends on the specifics of the case. However, if there are errors or irregularities with the application, it will take longer than normal. Also, the Parole Board may ask for additional information or documentation, especially if they have concerns about granting the pardon. In cases where the National Pardon Centre has prepared the application, we work with the applicant to provide any additional information and address their concerns, wherever necessary. If an applicant has prepared the application on their own, they will need to correspond with the Parole Board directly.

Once a pardon has been granted, the applicant will no longer be inadmissible to Canada as a result of their Canadian criminal record. However, the applicant may need to take additional steps to ensure that they satisfy other re-entry requirements before they try to return to Canada. Likewise, someone who has also been convicted of a crime outside of Canada will have to ensure that this will no longer prevent them from entering Canada. This is because a Canadian pardon can only apply to convictions in Canada. The Canadian government may recognize a pardon issued by a foreign government. Otherwise the applicant will need to complete an application for criminal rehabilitation through Citizenship and Immigration Canada.

If you require a pardon and you have been deported then you can benefit not only from our pardon application services but also from our international fingerprinting services.

Get in touch today and see how we can help you get back to Canada and reunited with your family.

David Sworn

416.477.1110 x 248