刑事犯罪不准入境 Criminal Inadmissibility
One common cause of inadmissibility into Canada is past criminal convictions. Canada does not classify crimes as misdemeanours and felonies, and because of that, even some seemingly minor convictions may make a person inadmissible to Canada. Criminal inadmissibility can become a serious obstacle to immigrating or travelling to Canada. Luckily, the Canadian immigration system has options to help people overcome inadmissibility.
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.
Some crimes can make a person inadmissible to Canada on the grounds of serious criminality. These crimes are those committed inside or outside of Canada that, if convicted in Canada, would result in a minimum prison sentence of 10 years or more.
Criminal inadmissibility does not mean a person will never be able to enter Canada again. There are several ways which a person can overcome their inadmissibility. If it has been less than 5 years since a person has completed the sentence from their conviction, and this person has a valid reason to visit Canada (i.e. travelling for work), then they can apply for a Temporary Resident Permit. This permit allows otherwise inadmissible people to enter Canada for a specific amount of time and for a specific reason.
Criminal rehabilitation is another option to overcome inadmissibility. If it has been 5 years or more since a person has completed their sentence, they can apply for criminal rehabilitation. In this application a person must prove that they have learned from their mistakes and no longer represent a threat to society. If a person is inadmissible due to a non-serious crime, they may be eligible to be deemed rehabilitated and have their inadmissibility wiped from their record without having to file and application.
When 10 years have passed since the completion of a sentence, a person will be deemed rehabilitated by the Canadian government. If a person has committed a crime in Canada and is considered inadmissible to the country, then they need to apply for a record suspension from the Parole Board of Canada.
If you believe that you are criminally inadmissible to Canada, but want to visit or immigrate to the country, then a Canadian immigration lawyer can help you navigate the complicated process of overcoming inadmissibility. Take our free assessment to see how the lawyers at UtoImmigration can help you!