Criminal Inadmissibility
A foreign national may face criminal inadmissibility. This will either prevent entry to Canada as a visitor, student or worker or prevent an individual from obtaining permanent residence or maintaining their PR status.
People will be found Inadmissible if:
| SENTENCES ENDING LESS THAN 5 YEARS AGO | THE SENTENCE ENDED MORE THAN 5 YEARS AGO BUT LESS THAN 10 YEARS AGO | THE SENTENCE ENDED MORE THAN 10 YEARS AGO |
|---|---|---|
| If your offence is found to have a Canadian equivalent under an Act of Parliament (Federal), it could mean you’re criminally inadmissible to Canada | If your offence is found to have a Canadian equivalent under an Act of Parliament (Federal), it could mean you’re criminally inadmissible to Canada | If your offence is found to have a Canadian equivalent under an Act of Parliament (Federal), you may be “Deemed Rehabilitated”, with little or no further action required |
| Since 5 years have not passed, Criminal Rehabilitation is not an option | Since 5 years have passed, you are eligible for Criminal Rehabilitation. | *“Deemed Rehabilitation” does not apply in cases of:
|
| Temporary Resident Permit could be an option | Temporary Resident Permit could be an option |
Types of Crimes That May Cause Immigration Issues
Various types of crimes can make a person criminally inadmissible to Canada. Both serious and minor crimes can cause criminal inadmissibility. A person can become inadmissible to Canada based on convictions both in Canada and foreign countries. One of the most common reasons to be deemed inadmissible is a conviction for impaired driving. Convictions related to drug crimes are likely to cause criminal inadmissibility. Theft and assault convictions can also make a person inadmissible to Canada. In order for a crime to make someone inadmissible to Canada, it must be the equivalent of a crime in Canada that can result in an indictment.
For convictions outside Canada, if they have:
- been convicted outside Canada of an act that, if committed in Canada, would be equivalent to an indictable offence punishable by a sentence of less than ten years
- been convicted outside Canada of two or more acts that, if committed in Canada, would be equivalent to summary offences
- been convicted outside Canada of an act that, if committed in Canada, would be equivalent to a hybrid offence punishable by a sentence of less than ten years
For convictions inside Canada, if they have:
- been convicted in Canada of an indictable offence punishable by a sentence of less than ten years
- been convicted in Canada of two or more summary offences
People Will not be found inadmissible under these scenarios:
Record Suspension (Pardon), Withdrawn or Dismissed Charges, Discharged
For charges withdrawn or dismissed:
- If the offence occurred outside Canada, you may be inadmissible.
- If the offence occurred in Canada, you are not inadmissible.
For an absolute or conditional discharge:
- If the offence occurred outside Canada, you may be inadmissible.
- If the offence occurred in Canada, you are not inadmissible.
Pardon granted:
- If the offence occurred outside Canada, you may be inadmissible.
- If the offence occurred in Canada, you are not inadmissible if you were pardoned under the Criminal Records Act in Canada.
If you may be inadmissible, you must provide an officer with complete details of all charges, convictions, court dispositions, pardons, photocopies of applicable sections of foreign law(s), and court proceedings to allow the officer to determine whether or not you are inadmissible to Canada. Even if you have a charge from outside Canada and it was dismissed or an offence that was pardoned, you must provide all the necessary documents or facts to ensure you are not found inadmissible to Canada
How to overcome Criminal Admissibility
Depending on the nature of the conviction, the place of conviction, the time that has passed since being convicted, end of parole and the time served individuals have several options to overcome their inadmissibility to Canada. These are:
Rehabilitation (Deemed and Individual Rehabilitation)– Outside Canada Offences
Record Suspension (Pardon) – In Canada Offences
Temporary Resident Permit (TRP)- Temporary waiver to enter Canada
A TRP grants an individuals legal entry to Canada for a certain period of time, despite the fact that the individual is in fact inadmissible. It is essentially a “hall pass” that temporarily excuses the individual’s inadmissibility so that he or she may enter Canada. It can be valid for as short as a couple of days up to a maximum of three years.
A Temporary Resident Permit (TRP) will be issued at the discretion of Canadian Immigration Authorities to individuals who would otherwise be inadmissible to Canada because of health or criminality issues, permitting them to enter or stay in Canada, where justified by compelling circumstances. It is important to have a properly prepared application stating valid reasons and justification for gaining entry into Canada. We can help with this.
Find out how to get a Temporary Resident Permit (TRP)
When Canadian immigration authorities suspect someone of being criminally inadmissible they will:
When Canadian immigration authorities suspect someone of being criminally inadmissible
Prior to issuing a formal decision
When in-person at a port of entry (airport, seaport, border crossing), Canadian immigration authorities will conduct an interview. This allows the individual the opportunity to explain him or herself, but also provides the interviewing officer an opportunity to gather statements that can be used against them.
OR
Otherwise provide the applicant an opportunity to reply to the allegations of Criminal Inadmissibility in writing.
When rendering a final decision
If in person at a port of entry, Canadian immigration authorities will refuse that person entry to Canada.
OR
Reject the application based on the Canadian immigration officer’s opinion that the candidate is inadmissible.
Non-Serious Criminality and Serious Criminality
Non-serious criminality and serious criminality are two separate designations Canadian immigration authorities use when assessing a foreigner’s criminal record. It does not matter how seriously the offence is treated in the foreigner’s home country. Canadian immigration authorities are only concerned with the offence’s equivalent as per Canadian law. There are different ramifications, depending on whether or not the foreign offence has a Canadian equivalent rooted in non-serious or serious criminality.
Non-Serious Criminality
- If more than ten years have elapsed since the retirement of all sentences, fines and probationary periods, you are “Deemed Rehabilitated” (Single Offence)
- If more than ten years have elapsed since the retirement of all sentences, fines and probationary periods, you are NOT “Deemed Rehabilitated” (Multiple Offences)
- If more than 5 years have passed since the retirement of all sentences, fines and probationary periods, you are eligible to apply for Criminal Rehabilitation
- If less than 5 years have passed since the retirement of all sentences, fines and probationary periods, you are NOT eligible for Criminal Rehabilitation
- Temporary Resident Permit (TRP) is an option if you have a compelling reason to request access to Canada
Non-serious Criminal Rehabilitation application processing times are generally faster than serious criminality.
Serious Criminality
- The sole factor used to determine serious criminality, is the consideration of the maximum possible sentence for the Canadian equivalent, of that foreign offence
- “Deemed Rehabilitation” is not applicable in instances of serious criminality.
- If more than 5 years have passed since the retirement of all sentences, fines and probationary periods, you are eligible to apply for serious Criminal Rehabilitation
- If less than 5 years have passed since the retirement of all sentences, fines and probationary periods, you are NOT eligible for serious Criminal Rehabilitation
- Temporary Resident Permit (TRP) may be an option if you have a compelling reason to request access to Canada
The serious Criminal Rehabilitation application procedure is the same as non-serious. What distinguishes the two is the manner in which they are treated. Processing times for serious Criminal Rehabilitation are typically longer than those relating to non-serious criminality. The government processing fees are also higher.
There are two types rehabilitation:
Deemed Rehabilitation
A person can be deemed to be rehabilitated if enough time has passed since he or she has committed a crime. In order to be deemed rehabilitated, a person must have committed a crime that comes with a jail term of less than ten years or less than five years depending on the crime. Being deemed rehabilitated does not involve an application process. It merely involves showing a Canadian official that enough time has passed since you last committed a crime. For more on Deemed Rehabilitation, click here.
Criminal Rehabilitation
As opposed to deemed rehabilitation, which is concerned with how much time has passed since a crime was committed, individual rehabilitation involves an assessment of whether a person is likely to commit new crimes. Individual rehabilitation also involves a formal application process. In order to apply for individual rehabilitation, individuals must be able to show:
- That they meet the relevant criteria
- That they have been rehabilitated
- That they are unlikely to take part in future crimes.
- That, at least five years have passed since the end of their criminal sentence, including probation.
- That, at least five years have passedsince they committed the original crime.
Who comes under Criminal Rehabilitation
A person can also overcome criminal inadmissibility through rehabilitation.
Attaining rehabilitation usually depends on:
- The type of crime that was committed
- How long it has been since the crime was committed
- The way that a person has behaved since committing the crime.
A person’s individual rehabilitation application will be successful if:
- The person fulfills the criteria from the section above.
- The Canadian government is convinced that the person is rehabilitated.
- The Canadian government is convinced that the person will not commit more crimes in the future.
If you were convicted of a crime outside of Canada that, if committed in Canada, would be an indictable crime:
- You can apply for criminal rehabilitation if 5 yearshave passed since the latter date conviction of the offense, being released from jail, probation ending, community service completed or fine being paid.
Record Suspension (Pardon) for Convictions/offences in Canada
If you have a criminal conviction in Canada, you must seek a record suspension (formerly a pardon) from the Parole Board of Canada (PBC) before you will be admissible to Canada.
Contact us for assistance in overcoming your inadmissibility and applying for a TRP, Criminal or Deemed Rehabilitation
Need Help?
If you want to learn more about Globalduniya Immigration, whether it be booking a consultation, learning more about your services or getting a free quotation, contact us at Globalduniya Immigration.