The criminal code of Canada added a new amendment which state, “Canada permanent residents and the foreign nationals who will be convicted of impaired driving, can face deportation and might be deemed inadmissible to Canada.” The new amendment is going to affect the immigrants who are interested in Canada Immigration on a temporary basis or permanently.
The maximum sentence for this amendment due to impaired driving can be from 5 to 10 years. It can even fall into the category of “serious criminality.”
Canada Immigration and Refugee Protection Act
Canada Immigration and Refugee Protection Act – Section 36 (1) states that “A foreign national or a permanent resident is deemed inadmissible to Canada if they found in serious criminality act.”
The Canadian Bar Association (CBA) gave warning to permanent residents stating, “They could be subjected to deportation order for offences committed outside Canada.” It will be subjected even in case of no statement or any statement imposed by the foreign court.
According to CBA, these consequences are “unnecessary” and “severe.” Even Ahmed Hussen, Canada’s Minister of Immigration, Refugee, and Citizenship addressed the consequences of impaired driving as a serious criminality.
Rehabilitation is not possible regardless of when the offence was committed. Deemed rehabilitation will only be applied to the individuals who have a single offence punishable by a sentence of fewer than 10 years in Canada.
The government fees for the request of rehabilitation processing, for an impaired driving offence, will increase from CAD $200 to CAD $1,000, when the law will be in effect.
The changes will get into effect in 180 days. So the individuals who would be inadmissible under the new changed can still apply for rehabilitation or Temporary Resident Permit before they come into effect.
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