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ARTICLE · 18 MARCH 2019

Foreign Pardon And Canadian Immigration

Alexander Holburn Beaudin + Lang LLP
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We have been noticing a growing number of foreign nationals who do not disclose their foreign pardons to Canadian employers.

CanadaImmigration

We have been noticing a growing number of foreign nationals who do not disclose their foreign pardons to Canadian employers. The non-disclosure could have severe immigration implications on foreign nationals. A foreign pardon is not automatically recognized in Canada. Given this, a foreign national who has a foreign pardon may still be inadmissible to Canada on criminality grounds. If the foreign national is inadmissible to Canada on criminality grounds, then a Temporary Resident Permit or Criminal Rehabilitation may be required to enter Canada. This bulletin will outline what employers should consider when hiring a foreign worker with a foreign pardon.

What is a Pardon?

In general, a pardon sets aside an individual's criminal conviction. The requirements to apply for a pardon are different in each country. In Canada, an individual can submit a Record Suspension (formerly called a "Pardon") application to the Parole Board of Canada to request that a criminal

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