Relation between Express Entry System and Criminal Inadmissibility
The Express Entry system of Canada brings new immigrants through three main economic immigration classes – the Federal Skilled Worker Class, the Federal Skilled Trades Class and the Canadian Experience Class.
Candidates are ranked as per the points assigned to them in various judgment parameters such as human capital and others. They are invited to become permanent resident of Canada if they are able to achieve a certain points threshold in the Express Entry draws that are held nearly every two weeks.
A candidate is given points based on age, education, language proficiency in English or French, and can have a wonderful chance to be invited in a Express Entry draw.
Everything is quite simple and straightforward till here. However, regardless of how good you profile is, it can all turn to zero in case it is found that you are criminally inadmissible to Canada.
It does not matter how good your academic achievements are or how good your work experience is, or how economically beneficial you can be to Canada, everything is nothing but zero, in front of criminal inadmissibility.
In case there is something in your profile that makes you inadmissible than you need to take appropriate action to resolve such situation.
Can Criminal Inadmissibility be Resolved?
The factor of criminal inadmissibility crops up when an individual submits an application for permanent residency for Canada. It is during this time that a police certificate is required to be submitted.
The Canadian immigration authority wish to know how good a citizen you were in your home country in the six consecutive months in the past 10 years since you turned the age of 18.
A police certificate is an official copy of your criminal records which shows that you do not have a criminal record. In case one has a record than appropriate steps are required to be taken so as to resolve the criminal inadmissibility permanently.
A minimum of five years should have elapsed from the date on which the sentence for an offense was completed, including that for probation, incarceration, fines or a combination of these.
Is Your Spouse / Common-law Partner Inadmissible?
When you apply for permanent residency for Canada through the Express Entry system, than only one application is required to be submitted regardless of whether the primary applicant is married or single or in a common-law relationship.
In this scenario the fates of the couple are interlocked, in case one gets the permanent residency for Canada than both of them gets the permanent residency.
The one who is able to score more points in the Express Entry’s Comprehensive Ranking System (CRS) has a better chance to apply for permanent residency for Canada.
The same rule applies with criminal inadmissibility as well. In case one partner has been found to be inadmissible to Canada than the other partner will also fall in this category for the purpose of applying for permanent residency of Canada.
Even if it is declared that the inadmissible individual will not accompany you, than the situation still remains the same. The only way out in this case for both the primary and secondary applicant is to apply for criminal rehabilitation for the inadmissible individual.
