The Criminal Inadmissibility to Canada is a situation that if you have committed or been found guilty of a crime, you might not be permitted entry into Canada under Canadian immigration law. In simple terms, you might be “Criminally Inadmissible” as per Canadian laws. Entering Canada with criminal record is not possible but there are several applications available to overcome it.
This Criminal Inadmissibility in Canada applies on both categories of people:
- Individuals who are living inside the Canada.
- Individuals who are living outside the Canada.
So, these people might face difficulty in entering Canada with criminal record.
Crimes that make you Criminally Inadmissible in Canada
There are several serious and non-serious crimes that make you Criminally Inadmissible in Canada. In simple terms, Canada entry with criminal records might be difficult for them.
This includes:
- Stealing
- Assault
- Homicide
- Reckless driving
- Intoxicated or drugged driving
- Abduction tax fraud
- Driving under the influence
- Driving while intoxicated
- Reckless driving
- Drug dealing
- Mishandling of weapons
- Probationary offences
- Domestic abuse
- Fraud
- Vehicular homicide (voluntary or involuntary)
- Ownership of stolen goods
- Arson
- Drug production or cultivation
- Aggressor assault
- Abandoning a child
- Property offences
- Unsavory exposure
- Hit and run
- Fraud involving credit cards
- Laundering of funds
- Sexual abuse
- Unruly behavior
- A child abuser
- Identity theft stalking conspiracy
- Aggravated battery
- Harassment
- Telemarketing fraud,
- Telemarketing fraud
- Justice obstruction
- Burglary
- Racketeering
- Cyber bullying
- White-collar offences
- Rebuking a police officer (resisting arrest)
- Solicitation
- Sextortion
- Child exploitation
- Fake insurance
- Stealing and breaking into stores
- Financial fraud
- Assisting and abetting murderous vandalism
- Negligent driving
- Theft of motor vehicles
- Drug or controlled substance possession or trafficking
All these crimes are the examples that fall under this category. Hence, there are number of crimes that make you Criminally Inadmissible in Canada.
So, either you are a resident of Canada or you are a foreign national, if you have any criminal past records, entering Canada with criminal record might be difficult for you.
However, there are several ways to remove Criminal Inadmissibility.
Ways to overcome Canadian Criminal Inadmissibility
Canada entry criminal record is not possible. So, depending upon the crime that you had committed in past, you can opt for numerous ways to overcome your Inadmissibility or to enter Canada with criminal record.
Multiple programs for entering Canada with criminal record:
Deemed Rehabilitation
This application is to overcome those crimes that make you Criminally Inadmissible in Canada as entering Canada with criminal record is difficult. However, one solution to solve criminal inadmissibility to Canada is Deemed Rehabilitation. People who have committed crimes that make them inadmissible to Canada but at least 10 years have passed since the crime was committed have the option to submit a deemed rehabilitation application.
The following circumstances will determine whether you are eligible to apply for deemed rehabilitation:
- It has been at least ten years since you committed the offence.
- Generally for people who have committed non-serious offences.
- Five years in the event of more than one summary conviction.
- The seriousness of the offence.
Another choice to heal Canadian Criminal inadmissibility is Individual rehabilitation.
A person who has been refused entry to Canada may be permitted to enter the nation despite previous criminal convictions through an official application process known as individual rehabilitation.
To apply for Individual Rehabilitation, applicants must:
- Demonstrate that they meet the requirements
- Have undergone rehabilitation
- Are very unlikely to commit new offences
Individual rehabilitation is only available to those who apply to the Canadian government, as opposed to deemed rehabilitation, which is available without a formal application.
Additionally, it must have been at least five years since:
- The day you committed the offence that rendered you ineligible.
- The day your criminal sentence-including probation-was completed.
Moreover, if you are a resident of Canada then:
While applying for this application, submit your Temporary Resident Visa, Study Visa or Work Permit.
Record Suspension
Another way to remove Criminal inadmissibility Canada is record suspension as entering Canada with criminal record is not a cup of tea.
People, who have been convicted of crimes that make them Criminally Inadmissible in Canada, served out the sentence, shown they would not commit the same crime again for at least a certain period of time, and are contributing members of society are eligible to have their criminal history excluded from accessible records under record suspension.
The record suspension has the role of removing any criminal activity from the applicant’s past.
Eligibility to be applicable for record suspension:
You must have served out all of your sentences before you may request a record suspension, including:
- All probation orders
- All penalties
- Fees
- Costs
- Reparations
- Compensation orders
- All sentences of imprisonment
- Conditional sentences (including parole and statutory release)
Temporary Resident Permit (TRP)
The Temporary Resident Permit application is for those applicants whose entry to Canada with criminal records is very complex. If you have been convicted of a crime, whether it was national or international, you may be prohibited from entering Canada.
You could not be allowed to enter Canada even if you committed a minor offence, completed your sentence’s requirements, or, in some cases, the crime happened when you were a child. Other factors, such as health problems, can make you inadmissible.
Therefore, these are the potential issues that could prevent you from entering Canada, but you can still apply for a Temporary Resident Permit.
NOTE: For entry into Canada, a visitor must have a valid reason.
Who is eligible to apply for a Temporary Resident Permit (TRP)?
If someone has been convicted of a crime and:
- The sentence has been served for less than five years
- You must have a valid reason for visiting Canada
- After serving their sentence for more than five years, the inadmissible person has not sought for or received a favorable decision on a request for Criminal Rehabilitation
Any ineligible person with a medical condition may petition for TRP.
According to Immigration, Refugees, and Citizenship Canada (IRCC), a number of conditions pose health hazards to Canadians.
Certain medical conditions may result in medical inadmissibility to Canada.
- AIDS left untreated
- Tuberculosis
- Abrasive or disruptive behavior
- Sexual dysfunctions
- Sociopathic and impulsive behavior
Thus, Canada entry with criminal record is difficult but if you choose to apply for right application, then you can fulfill your dream to live in Canada.
To deliver the best immigration services to our clients, CareerPlus Immigration Consultants use a genuine and open approach in finding the best suitable option or solution in client’s particular situation.
CareerPlus Immigration Consultants has number of success stories and happy clients, who were striving hard to get their visa due to Inadmissibility, specially under criminal past records. After visiting us, they got their visa as our team is very well known for highly experienced consultation and dedication to our clients’ immigration concerns. With our competent knowledge in immigration, we always go beyond the expectations to assure the client is receiving authentic services.
