Criminal Inadmissibility for Canadian Immigration
Canada takes criminal inadmissibility seriously, but there are effective ways to overcome it. Your criminal inadmissibility might not be a final stop on your path to becoming a Canadian permanent resident. With the right guidance and effort, success is within reach.
This guide will help you understand Criminal Inadmissibility, Rehabilitation for Persons Who Are Inadmissible to Canada Because of Past Criminal Activity, How it can affect your application, and the steps you can take to overcome it.
What is Criminal Inadmissibility?
Criminal inadmissibility is when an individual is barred from entering Canada due to a past criminal conviction, specifically for individuals who have committed crimes and been convicted of criminal offences. Canadian immigration law considers individuals criminally inadmissible if they have:
- Been convicted of a crime in Canada. That includes both minor and severe criminal offences.
- They have been convicted of a crime outside Canada. The person may be deemed inadmissible if the offence is considered a crime in Canada. The severity of a crime (whether it’s indictable or summary in nature) plays a role.
- Been invovlev in orgabnized crime. That includes being a member of a criminal organization or engaging in human trafficking, smuggling, etc.
Types of Criminal Offences
Criminal inadmissibility can prevent an individual from obtaining a visitor visa, study or work permit, or permanent residency.
However, depending on the nature of the offence and how long ago it occurred, there might be ways to resolve your inadmissibility and still gain entry to Canada.
- Serious Criminality: Offenses that could result in a sentence of more than 10 years of imprisonment in Canada
- Criminality: Lesser offences that result in convictions, but not long-term imprisonment
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Which Are The Common Reasons for Criminal Inadmissibility?
Certain offences, whether committed inside or outside of Canada, can render you inadmissible. The most common include:
- Driving Under the Influence (DUI)
- Drug Offenses
- Theft or Burglary
- Assault
- Fraud or Financial Crimes
Overcoming Criminal Inadmissibility
If you have been deemed criminally inadmissible, rest assured that there are several legal pathways available to help you overcome this barrier.
- Rehabilitation: After a certain amount of time, individuals may be deemed rehabilitated
- Record Suspension: In Canada, this removes the criminal record from public record, which can remove inadmissibility provided an individual has sufficient proof of rehabilitation
- Temporary Resident Permit (TRP): in some cases, individuals may be granted a TRP to enter or remain in Canada based on special, compelling reasons, such as business, medical, or family obligations, and prove that you are not a risk to Canadian society.
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What Is Criminal Rehabilitation?
Criminal Rehabilitation is a permanent solution for criminal inadmissibility. If five years have passed since you completed your sentence, you can apply for rehabilitation to wipe out your inadmissibility and gain permanent access to Canada.
What Is Deemed Rehabilitation
If more than ten years have passed since you committed a non-serious offence, you might be deemed rehabilitated, meaning you can enter Canada without applying for rehabilitation. This applies primarily to individuals with single offences.
What Is Record Suspension (Pardon)
A record suspension (formerly known as a pardon) issued by your country of residence can help improve your chances of overcoming criminal inadmissibility, but it doesn’t automatically make you admissible. You may still need to apply for rehabilitation.
Who Needs to Apply for Criminal Rehabilitation?
You should consider applying for criminal rehabilitation if:
- You have been convicted of a criminal offence outside of Canada.
- Five years have passed since you completed all sentences related to your conviction, including probation and fines.
- You wish to enter Canada for any purpose, whether as a visitor, worker, student, or immigrant.
Failure to apply for rehabilitation or obtain a TRP could result in denial of entry at the Canadian border.
How to Apply for Criminal Rehabilitation in Canada?
Applying for criminal rehabilitation involves several key steps:
- Submit an Application: Complete and submit the rehabilitation application, providing detailed information about your conviction, sentence, and reasons for seeking rehabilitation.
- Provide Supporting Documents: You must provide all necessary legal documents related to your offense, such as court records and police certificates.
- Pay the Processing Fee: The application fee for criminal rehabilitation depends on whether the offense is classified as serious or non-serious. Ensure you pay the correct fee to avoid processing delays.
- Demonstrate Good Character: Applicants must show that they have reformed since their conviction and are unlikely to commit further offenses. A personal statement and letters of reference can strengthen your application.
Sources:
- Immigration and Refugee Protection Act
- Immigration and Refugee Protection Regulations
- Application for Criminal Rehabilitation [IMM 1444]
- Document Checklist [IMM 5507] (opens in a new tab)
- Application for Criminal Rehabilitation [IMM 1444] (opens in a new tab)
- Use of a Representative [IMM 5476]
- Coming to, or Remaining in Canada Without Approval of Rehabilitation.
- https://www.cbsa-asfc.gc.ca/travel-voyage/inadmissibility-interdiction-eng.html
- https://laws-lois.justice.gc.ca/eng/acts/i-2.5/section-36.html
- https://en.wikipedia.org/wiki/American_entry_into_Canada_by_land
More About Jane Katkova
Jane Katkova started her career in business immigration in 2005 when she worked with the Quebec Immigrant Investor Program (QIIP).
Jane has represented more than 650 entrepreneurs from various countries of the world. Now she is one of the Best Immigration Lawyer and Consultant in Toronto.
Jane Katkova & Associates offers comprehensive services to assist individuals in overcoming criminal inadmissibility, obtaining Temporary Resident Permits (TRPs), and applying for criminal rehabilitation.
Our Canadian Immigration Consultants provides personalized guidance to ensure a smooth and successful entry into Canada, whether you are seeking to visit, study, work, or become a permanent resident or via express entry. Their dedicated team of immigration experts will work with you to explore all available options and develop a tailored plan that aligns with your immigration goals.Her expertise spans across various business immigration pathways, including the Start-Up Visa Program, Entrepreneur Programs, and Business Visas.
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FAQs about Criminal Inadmissibility in Canada
A DUI conviction can lead to criminal inadmissibility, preventing entry to Canada. Applicants may need to apply for criminal rehabilitation or a Temporary Resident Permit (TRP) to overcome this issue.
Yes, even if a record is dismissed or expunged, it may still cause inadmissibility depending on the nature of the offense and how it aligns with Canadian law. Legal advice is recommended to assess the situation.
A foreign pardon does not guarantee admissibility to Canada. Individuals may still need to apply for criminal rehabilitation or provide additional evidence to prove that they are no longer a security risk
Yes, you can apply, but you must address your inadmissibility first through criminal rehabilitation or a TRP. Successfully overcoming inadmissibility is crucial for the approval of your residency application.
Applicants must submit detailed records of the offense, proof of sentence completion, police certificates, a personal statement, and references. Payment of the appropriate processing fee is also necessary.
Success depends on the severity of the offense, time elapsed, and the applicant's reasons for entering Canada. Strong justifications, such as family or business needs, and proof of rehabilitation increase approval chances.
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