Immigration Lawyer
Criminal Inadmissibility
Immigration Lawyer
Criminal Inadmissibility
Foreign nationals who have applied for permanent residency in Canada or are temporary residents, may be ineligible to enter Canada if found to have indulged in criminal activity. Many people who visit Canada, may find that even minor violation or offense can lead to refusal of their entry.
If you are planning to visit Canada for study, work or visit it is crucial that you take time to determine if you are criminally inadmissible. This is also applicable for applicants applying for Permanent residence and has outstanding charges or convicted for any offence outside canada. If your findings suggest that youare criminally inadmissible,then there are various possible options available to overcome it.
Who is Considered ‘Criminally Inadmissible’?
You will be held as criminally admissible if you:
- Commit any serious offense that is punishable with a term of at least 10 years in Canadian law.
- Commit even any less serious crime like minor theft, DUI, or drug possession. DUI in Canada is treated as serious criminality.
- Have committed an act that is not considered a crime in their home country but violates Canadian criminal law
- Are found to be a part of an organized crime, such as being a part of human trafficking or money laundering.
- Have any pending criminal charges or are currently under investigation for a crime, you may be deemed inadmissible.
How to Overcome Criminal Inadmissibility?
There are severalways through which you can overcome criminal inadmissibility:
1. Criminal Rehabilitation
For criminal rehabilitation,
- To be eligible for applying to criminal rehabilitation, at least five years need to pass since the end of your last sentence (fines, probation, etc.).
- Applicants need to show they have changed through court records and police certificates.
- You are no longer a threat to Canada.
Types of Criminal Rehabilitation
There are two forms of criminal rehabilitation that can resolve inadmissibility to Canada: Individual Rehabilitation In individual rehabilitation, a broad range of offenses can be addressed. It requires the submission of a formal application with supporting documents. The waiting period should be 5 years since the last sentence was served. Applicants can apply for both serious and less serious offenses in individual rehabilitation. Deemed Rehabilitation Deemed rehabilitation applies only to one minor offense and is limited to cases where the individual has committed a single crime. It is an automatic process and does not need a formal application. If all eligibility criteria are met, one can apply easily.
2. Temporary Resident Permit (TRP)
Applicants who are otherwise inadmissible can enter Canada by applying for TRP:
- You need to show a compelling reason for Temporary Resident Permit (TRP), like urgent work or family matters.
- You need to apply through the IRCC portal or Canadian port of entry.
- You must provide all the required documents and police records that explain your situation.
- A letter explaining in detail the purpose of the visit and your inadmissibility.
- Based on the submissions of documents, the immigration officer will look at the severity of your crime, the time passed since it happened and if you have shown signs of not repeating the same offense.
Please Note: A TRP is valid up to three years and can be renewed. In case of an urgent matter, you can get a TRP at the airport or at the border when you get to Canada. Be ready to show all the papers they ask for and give a good reason why they need to let you in.
3. Record suspension or discharge
You can remove yourrecord of criminal inadmissibility in Canada by the process of Record suspension, formerly known as pardon.
- You can apply for record suspension in the Parole Board of Canada, which will remove your criminal conviction record from the CanadianPolice Information Centre (CPIC).
- If the suspension is approved, your criminal inadmissibility will be removed. After that, you are given legal recognition and entry to Canada.
- Record Suspension allows you to access education, employment, and other opportunities, empowering you to thrive in life.
If you have a record of suspension from a different or your home country, then it is a must to cross check this with a Visa Officer. The suspension must be recognized under Canadian law to be valid.
Who can apply for record suspension or discharge?
An individual needs to meet the following criteria to be eligible for record suspension:
- Complete your full sentence term.
- Completed the waiting periods since your sentence, i.e., 5 years for less serious crime and 10 years for serious crime.
Who will be ineligible to apply?
- If you have been convicted for a sexual offense that involves a minor.
- If you have more than three convictions of serious criminal charge with two or more years of sentence.
We can help you overcome criminal inadmissibility!
Overcoming criminal inadmissibility can be overwhelming, as it puts your entry to Canada at high risk. At Nanda & Associate Lawyers, our experienced immigration lawyers can help you eliminate that risk with ease! To reclaim your right to work, visit and settle in Canada, give a call at 905-405-0199 now!
Frequently Asked Questions
1. Who is Affected by Inadmissibility to Canada?
If you have been convicted of committing crime in your country which recognized as a crime under the Canadian law. DUI charge is one of the common reasons for inadmissibility. If an individual has been convicted of one or more than one crime,then will be criminally inadmissible.
2. How Does Canada Know About your Criminal Record?
At the Canadian entry port, Canada Border Services Agency (CBSA) officers and IRCC gets the access to all international criminal records and data bases. During you travel application this can be cross checkedwith your criminal history. Further, when an applicant produces their police certificate and if they have a criminal record, it will be reflected there as well. Your entry maybe be denied by Border officersduring screening for past convictions. Some common offenses that are criminally inadmissible to Canadaare, DUI convictions or impaired driving, reckless driving and marijuana possession.
It is up to the applicant to disclose all charges, convictions while filing the visa application. Error or non-disclosure could lead towards misrepresentation and five year ban from filing the new application.
3. What are the grounds of criminality?
If you are applying for permanent residence in Canada or currently living in Canada. You may face criminal inadmissibility if:
- You have served any sentence in Canada for committing any offence.
- If you were found guilty of committing a crime outside of Canada that carries the same weight in Canada.
- If you committed an act outside of Canada that is equivalent in severity to a crime under Canadian law.
- Criminal inadmissibility in case of Permanent residents will be more complex and can be deported and Permanent residence can be withdrawn.
4. Can I enter Canada if I have DUI Conviction?
DUI is a serious criminality in Canada and conviction will result in criminal inadmissibility to Canada. However, you may apply for a Temporary Resident Permit (TRP) for provisional entrance, or you may seek criminal rehabilitation after a period of five years. However, for such offence, it is very difficult to get TRP. If a decade has elapsed, you may be eligible for considered rehabilitation based on your circumstances.
5. What action I can take, if my application for criminal rehabilitation is denied?
If you have applied for criminal rehabilitation and your application was denied due to some reason, then next step would be to file an appeal to federal court to conduct a ‘Judicial Review’.
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