If you have a criminal record, whether from your home country or elsewhere, it could pose a significant barrier to entering Canada. The country has strict rules on criminal inadmissibility, and even a past conviction, no matter how long ago, can result in denial of entry. However, Canada offers pathways for individuals to overcome these restrictions, depending on the nature of the crime, the time that has passed since the offence, and the individual’s personal history.<\/p>\n\n\n\n
This article provides an in-depth look at how Canada assesses criminal inadmissibility, the classification of offences, and how you can potentially overcome these barriers to entry.<\/p>\n\n\n\n
Canada\u2019s immigration laws dictate that any non-citizen who has a criminal history may be considered criminally inadmissible. This means that past criminal convictions, even if they occurred outside of Canada, could prevent you from entering the country. Criminal inadmissibility can result from:<\/p>\n\n\n\n
For you to be deemed criminally inadmissible, the crime must have been a violation in the jurisdiction where it occurred and must match a crime under Canadian law. The severity of the crime, as well as how long ago it was committed, play key roles in determining whether you are inadmissible.<\/p>\n\n\n\n
In Canada, crimes are categorized based on their severity. Understanding these classifications can help you determine the likelihood of being deemed inadmissible.<\/p>\n\n\n\n
These are less severe crimes, and individuals convicted of such offences may be considered criminally inadmissible. Non-serious criminality can apply if you have:<\/p>\n\n\n\n
Examples of non-serious offences (punishable by summary conviction) include vandalism, petty theft, or loitering. These offences are typically considered less severe but can still lead to inadmissibility if you have multiple convictions.<\/p>\n\n\n\n
Serious criminality applies to more severe crimes. You may be considered inadmissible to Canada for serious criminality if you have:<\/p>\n\n\n\n
Serious offences include aggravated assault, kidnapping, large-scale fraud, and driving under the influence (DUI). Importantly, DUI charges were once treated as non-serious but were classified as serious after December 18, 2018.<\/p>\n\n\n\n
If you are deemed criminally inadmissible to Canada, there are options available to potentially overcome this barrier. These options depend on the nature of the offence, the time elapsed since your sentence, and the specific circumstances of your case.<\/p>\n\n\n\n
A Temporary Resident Permit allows individuals who are inadmissible to Canada to enter the country temporarily under special circumstances. To be approved for a TRP, you must demonstrate that you have a compelling reason for needing to enter Canada and that you do not pose a risk to Canadian society.<\/p>\n\n\n\n
Examples of compelling reasons include attending a business conference, visiting a seriously ill relative, or handling an emergency situation. TRPs can be issued for periods ranging from one day to three years, and in some cases, you may be able to extend the permit from within Canada.<\/p>\n\n\n\n
The application process requires submitting supporting documentation, and there is a non-refundable processing fee of $239.75. You can apply for a TRP either at a Canadian consulate or at a Canadian border if you meet specific eligibility criteria.<\/p>\n\n\n\n
If enough time has passed since you completed all aspects of your sentence (including probation, fines, or jail time), you may be considered “deemed rehabilitated.” This applies automatically for minor offences if sufficient time has passed without any further criminal activity.<\/p>\n\n\n\n
For summary offences (less severe crimes), you must wait five years after completing your sentence. For indictable offences (serious crimes), you must wait ten years. Deemed rehabilitation applies only to non-serious criminality and requires that you have no further criminal convictions during the waiting period.<\/p>\n\n\n\n
If more than five years have passed since you completed your sentence for a criminal offence, you may apply for criminal rehabilitation. This process involves a formal application that proves you are living a stable life and are unlikely to re-offend.<\/p>\n\n\n\n
Criminal rehabilitation is a permanent solution to criminal inadmissibility and can remove the grounds of inadmissibility for good. However, the process can take up to a year, and the fees vary depending on whether your offence is classified as serious or non-serious.<\/p>\n\n\n\n
For non-serious offences, the fee is $239.75; for serious criminality, it is $1,199.<\/p>\n\n\n\n
Certain criminal offences can make you inadmissible to Canada. Below are examples of both non-serious and serious offences:<\/p>\n\n\n\n
If you are found criminally inadmissible, you may face denial of entry into Canada. For those already in the country, serious offences may result in deportation, and once deported, you will need an Authorization to Return to Canada (ARC) to return.<\/p>\n\n\n\n
Repeated attempts to enter Canada while inadmissible may result in an exclusion order, barring you from re-entering for one year. If you attempt to enter before the exclusion period ends, you will need an ARC.<\/p>\n\n\n\n
Additionally, if you provide false information regarding your criminal record, you could face a ban from entering Canada for up to five years.<\/p>\n\n\n\n
When applying for a TRP or criminal rehabilitation, you should carefully consider where to submit your application based on your travel plans. For those entering Canada by land, you may apply for a TRP at the border. For air travel, applications for a TRP should be made in advance at a Canadian consulate.<\/p>\n\n\n\n
To ensure the best chance of approval, seeking a legal opinion letter from an immigration lawyer can be beneficial. This letter can provide valuable insights into your case, making it easier to navigate the process.<\/p>\n\n\n\n
Entering Canada with a criminal record can be challenging, but there are pathways available to overcome criminal inadmissibility. Whether through a Temporary Resident Permit, deemed rehabilitation, or criminal rehabilitation, individuals with past convictions may still be able to enter Canada. Understanding the severity of the offence, the time that has passed, and the specifics of your case are essential when exploring these options. If you\u2019re unsure of your status, it\u2019s advisable to consult with an immigration lawyer to guide you through the process.
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For a consultation<\/strong> about Immigration options, reach out to the CAD IMMIGRATION <\/strong>today!<\/p>\n\n\n\n