February 18, 2021

BREXIT: How Do I Immigrate to Canada from the UK with a criminal record?

By AllCleared | 3 Min Read

The European Union and the United Kingdom

have finally reached a historic agreement on Brexit. The British referendum has caused a sharp spike in google searches on how to immigrate to Canada from the UK. This spike in google searches can be compared to another historic event when Donald Trump was elected as the President of the United States. Many Americans googled on how to move from the U.S. to Canada, but Brexit has not had the same impact.

What is BREXIT?

The theoretical definition of Brexit is simple: it is the option of a UK exit from the European Union ("British exit"). This idea has been present for decades in a wide segment of British opinion, Eurosceptic and clearly Europhobic. Britain, which has never been part of the Schengen area and has never adopted the euro, has always kept its distance from certain EU treaties since its inception.

European Union and Britain Flag

Ironic Brexit: More immigration for Canada

Young British voters voted fiercely against Brexit because they were scared of losing their jobs and economic opportunities. Canada wants skilled and educated applicants to help grow the economy and build a better Canada. But that doesn't mean it is an easy process to move to Canada. Just as with any other legal process, applying to move to Canada can be lengthy and confusing. Citizens of the UK who want to immigrate to Canada have a lot of advantages as they meet the two main key requirements to be eligible to move to Canada. Firstly, they speak English and secondly, they will not experience culture shock as both countries share similar cultural heritage and they are more likely to adapt to the Canadian lifestyle.

On February 13th, the Department of Immigration, Refugees and Citizenship Canada (IRCC) announced a highly irregular Express Entry draw for candidates involved in the Canadian Experience Class (CEC). In a historic first, today’s draw issued 27,332 invitations to apply (ITA) to candidates with a minimum Comprehensive Ranking System (CRS) score of 75 - the lowest CRS requirement and the largest ITA ever recorded in a single CEC draw.

You are welcome to read our blog Canada issues new Invitation to Apply” for more information about the Canadian immigration ranking system when it comes to this particular application. It is important to keep in mind that in order to be eligible for any other applications such as Permanent Residency (PR), your criminal record should be clear.

How to Move to Canada From the UK with a criminal record?

There are many different pathways and opportunities for UK citizens with a criminal record to move to Canada. Here at AllCleared, we understand the eligibility requirements and have the knowledge and expertise to navigate this complex immigration process to help you smooth the way to moving to Canada.

If you apply for an immigrant status in Canada with a criminal record, you will be asked the following question: "Have you ever committed a criminal offence in any country or territory, or have you ever been arrested for such an offence, charged with such an offence or convicted of such an offence?" Any arrest, charge or conviction requires the applicant to answer "yes" to this question and provide additional information to the IRCC. In addition, the Department of Immigration, Refugees and Citizenship of Canada requires applicants to disclose any previous criminal activity that has not necessarily resulted in an arrest, prosecution or conviction. Travellers should also bear in mind that this issue covers criminal activity at the international level, not just in their home country or in Canada. Canadian authorities have access to numerous criminal record databases, such as those generated by Interpol or other security and law enforcement agencies in the United States, Europe and the rest of the world. Applicants are therefore strongly advised not to attempt to mislead the authorities and not to provide false information about their criminal history. After answering "yes" to the above question, affected travellers will be asked to provide details in the scope of text provided for this purpose. However, these clarifications may not be sufficient for the authorities to process their case. In this case, the Department of Immigration, Refugees and Citizenship of Canada will contact the applicant to invite him to provide evidence of a possible termination of sentence. This application is called Criminal Rehabilitation.

Criminal rehabilitation is an alternate status one can earn to avoid being denied. It is a process in which a person who is deemed inadmissible to Canada due to security concerns submits a request to the Canadian Government to be absolved of their criminal inadmissibility. The fee associated with this application is $200 CAD.

What makes you inadmissible? Inadmissibility depends on a number of factors:

  1. The crime you committed
  2. How serious the crime was
  3. How much time has passed since you completed your sentence
  4. 5 years for two or more summary convictions
  5. 10 years for one indictable offence
  6. Whether you committed one or more crimes
  7. If the crime would be punishable in Canada by a maximum prison term of less than 10 years

Some common examples of why you will be considered inadmissible to Canada are; theft, assault, manslaughter, dangerous driving, driving while under the influence of drugs or alcohol, and possession of or trafficking in drugs or controlled substances.

Is Canada still processing applications despite COVID-19?

The Immigration, Refugees and Citizenship Canada is still accepting applications. For more information, please visit our website for more information about COVID-19 restrictions.

If you have a criminal record and want to move to Canada you need to apply for a Criminal Rehabilitation. You may also apply for a Temporary Resident Permit.

To find out which application you are eligible for and if you would like more information, contact AllCleared today at 1-866-972-7366.