In a new development, the federal government has amended the Criminal Code which has fuelled new immigration apprehensions. The Royal Assent for this decision was received last week.
The new amendments have elevated the status of impaired driving by making it criminal in nature which can be deemed inadmissible. The maximum allowable sentence has been increased from five (5) to ten (10) years.
Any permanent resident or a foreign national who is convicted of this offence can even face deportation.
Foreign nationals, temporarily present in Canada, and those seeking permanent immigration to Canada would be adversely impacted by this new decision.
Permanent Residents
The Canadian Bar Association (CBA) expressed its apprehensions on the Bill C-46, which is the study of the Act including its amendments. The CBA also termed the amendment as avoidable and very harsh.
They were concerned that a single incident of impaired driving can cause a permanent resident to lose their status and be deported. Offences outside Canada could be considered and it may give rise to a deportation order and permanent residency status proceedings for convicted individuals.
The amendment faced rejection on the grounds of impaired driving being treated differently from other serious criminal offences and unintended legal consequences by the amalgamation of criminal law and immigration.
Mr. Ahmed Hussen, Canada’s Minister of Immigration, Refugees and Citizenship, has promised to review the consequences of the above amendment.
Foreign Nationals
In the deemed rehabilitation process, a person is allowed to enter Canada even though they are termed inadmissible due to criminality grounds. The process is applicable for persons who have committed a single offence with a punishment of less than 10 years in Canada.
The amendment has also made the process of Deemed Rehabilitation unattainable.
In fact, many individuals will now be included under the new amendment and may be denied entry to Canada, including:
- Persons, determined to be inadmissible previously, after an assessment
- Persons with a record, who were previously granted entry into Canada
Irrespective of when the offence has been committed, impaired driving will be now be treated as an offence with serious criminal intent.
All amendments take effect in a period of 180 days. Also, after submission, approval of either of these applications may become complicated.
So, it is advisable that the persons who may be deemed inadmissible should promptly apply for rehabilitation and a Temporary Resident Permit.
The law also revised the government processing fees for rehabilitation request due to the impaired driving offence to CAD 1000 from CAD 200. This multi-fold increase in the fees also necessitates early resolution of the concerns raised for the recent amendment.
At Nanda & Associate Lawyers, we understand that you may have questions regarding the recent amendments and the Canada Immigration process for yourself or a friend or colleague. Contact our Law Firm today to reach a Regulated Canadian immigration consultant and get started on the process professionally and efficiently.
