Overcoming Criminal Inadmissibility

You may not be able to come to Canada if you have committed or been convicted of an act that is considered an offense in Canadian Law.

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Criminal Inadmissibility – What does it mean in the Canadian Immigration Process?

You may not be able to come to Canada if you have committed or been convicted of an offense inside or outside of the country that would be considered an offense in any Canadian Act.

Criminal Inadmissibility is a serious problem.

Even offenses that are considered minor in some jurisdictions may be more serious in Canadian law. For example, driving under the influence in the US can be considered a misdemeanor while in Canada it is considered a serious offense that can make you inadmissible.

To determine your eligibility it is important to have your case evaluated, to identify what the implications in Canada are, and to consider the time elapsed after the completion of your sentence.

If you are found criminally inadmissible, there are two main solutions:

Deemed Rehabilitation

Depending on the seriousness of the crime and the time that has passed since the completion of your sentence, you may be eligible to apply for deemed rehabilitation.

This option is available if you have been convicted of two summary offenses occurring in the same incident or an indictable offense punishable by a sentence of not more than 10 years.

You are eligible to apply for deemed rehabilitation (depending on the offense) if a duration of five or 10 years has passed since the completion of your sentence and no further crimes have been committed.

Application for Rehabilitation

If you are not eligible for deemed rehabilitation, you may qualify to apply for rehabilitation.

Generally, you are eligible if at least five years have elapsed since completing your sentence.

More Information

An application for deemed rehabilitation and rehabilitation requires you to show there have been no subsequent convictions and to demonstrate how you are rehabilitated.

You must apply for criminal rehabilitation before you arrive in Canada.

You will need to supply Citizenship and Immigration Canada with a high standard of documentation and supporting evidence.

Any outstanding inadmissibility issue concerning you or a member of your family will mean you and all accompanying members of your family are unable to come to Canada.

Temporary Resident Permit

If not enough time has elapsed since the completion of your sentence or you have compelling reasons for visiting Canada such as a family emergency or to attend a conference you may apply for a Temporary Resident Permit.

This permit may only be issued if you are otherwise inadmissible. The onus is on you to satisfy the visa officer that the visit is justified and that the need to visit or stay outweighs any health or safety concerns.

Need Help? We can help you with Criminal Inadmissibility issues and anything else regarding your move to Canada.

To start your tailored and confidential consultation, call Matt on 1-604-722-8930.