Criminal Investigation History Report Submission Rule Changes and Notes

From May 31, 2022, the Canadian Department of Immigration and Immigration has changed the Korean Criminal Investigation History Report, which is required for issuance of visas and permanent residency, from “for confirmation of the contents of the investigation data sheet (including lapsed sentences, etc.)” to “for permission to enter and stay in a foreign country.” This measure has the effect of facilitating and improving the document preparation process for applicants for Canadian student visas, work visas and permanent residency.

Previously, Immigration and Immigration Canada required visa and permanent residency applicants to submit a self-identification letter containing all past criminal investigation records. However, this newsletter had to be issued directly by visiting the police station, and online issuance has been possible since 2021, but it has been prohibited to use it for external submission and export purposes other than identity verification. Therefore, submitting the Criminal Investigation Record Report required by the Canadian Immigration Department to obtain a Canadian visa and permanent residency has resulted in a violation of Korean law.

It is wrong to interpret it as meaning that past crimes and investigation records can be hidden or that there is no problem.

The record of criminal investigation record “for permission to enter and stay in a foreign country” is 2 years in case of fine, 5 years in case of imprisonment or imprisonment for less than 3 years, and 10 years in case of imprisonment or imprisonment in excess of 3 years, the record expires. The change in the rules for filing criminal documents has now improved the submission of documents without violating Korean law, but that does not mean that you can apply for a visa and permanent residence by hiding past criminal and investigation records that have expired after a certain period of time.

Immigration and Immigration Canada requires you to voluntarily report and submit relevant legal documents if you have records of crimes, sentences, investigations, pardons, or criminal charges, instead of submitting a criminal investigation record report “for permission to enter and stay in a foreign country.” For investigation-related records that have not yet reached the conclusion of the punishment, a notice of reasons for non-prosecution or a decision not to be forwarded must be submitted by the Korean prosecutors' office. Additionally, as a special consideration, it was notified that additional documents may be requested at any time during the visa and permanent residency process.

If you do not voluntarily report your criminal and investigative history to the Department of Immigration, you are violating IRPA 40 (Misrepresentation) and will be banned from entering Canada for 5 years. In addition, applications for permanent residency are prohibited during this period, and the provision applies to both foreign nationals and permanent residents. Therefore, even if you have obtained permanent resident status, if false statements are later revealed, you will be banned from entering Canada for 5 years after being deported from Canada, and you will lose your permanent resident status as a result.

Understanding this measure as a boon to Koreans or judging that it will not be possible to find out what has not been reported voluntarily is just an arbitrary interpretation that goes against the purpose of Immigration Canada.

As a result, document issuance has become more convenient, but the need for clarification and pardon for crimes and investigations remains the same.