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aliesna_IMMLaw147 karma

Thanks for your question. A few things here.

  1. There needs to be a determination as to whether the criminal conviction would result in criminal inadmissibility under the Canada's Immigration, Refugee Protection Act ( section 36). Not all offences result in criminal inadmissibility.
  2. If it does result in inadmissibility, then the fact that it took place 40 years ago doesn't by itself make it irrelevant. It continues to apply and inadmissibility flows. However, given the length of time that has passed, it may be overcome via criminal rehabilitation application. You can find further information here: https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5312-rehabilitation-persons-inadmissible-canada-past-criminal-activity.html
  3. I would suggest you speak with a lawyer to assess inadmissibility and see if you'd qualify for deemed criminal rehabilitation.

aliesna_IMMLaw122 karma

Great question. So a few things here:

  1. The "reasons" you provided for your refusal, are not really the reasons, but more like the Officer' conclusions. The reasons are typically entered into the Global Case Management System ("GCMS") that is used by IRCC to maintain records of Officer's note and activities on file. I would recommend that you get a copy of either through an access to information request, or if you decide to pursue a judicial review (kind of like an appeal) at the Federal Court.
  2. If you are thinking of re-applying, you want to make sure you don't get the same outcome. Thus, getting the reasons become even more important, because you want to make sure to address them in your new application.
  3. I highly recommend speaking with a lawyer regarding judicially reviewing the prior refusal, particularly if you think you provided a solid application. I do a lot of these in my practice, and they have a good success rate in our practice.

aliesna_IMMLaw91 karma

Great questions. Here are my thoughts:

  1. Vigorously go through the checklist, over and over again. Make sure you've included everything required.
  2. If there's any documents/information missing, provide a clear explanation.
  3. Review the forms very carefully and make sure you've followed the instructions in answering each and every question.
  4. Make sure you clearly have established the bona fide of the application, with all the evidence.
  5. Once you think you have fully completed the application and you are ready to submit. Get a professional to look at it and give you feedback. It wont' cost you a lot compare to full representation, and could save you time and money.

Good luck.

aliesna_IMMLaw90 karma

My pleasure. It'd need to be a Canadian immigration lawyer as it pertains to Canada' immigration laws on admissibility.

aliesna_IMMLaw42 karma

One years of work experience could be sufficient. If you are talking about the Canadian Experienced class under the express entry, I would suggest that you calculate your score and see if you'd be competitive. Here's the calculator on IRCC's website:

https://www.cic.gc.ca/english/immigrate/skilled/crs-tool.asp