If you have a criminal record and are planning to come to Canada, it is important to understand the types of crimes that will make you inadmissible.
Being inadmissible essentially means that you are not allowed to enter Canada. Criminal inadmissibility is one of the most common reasons someone may be unable to enter Canada. To determine whether your criminal charge may render you inadmissible, it is helpful to understand the types of convictions in Canada.
Offenses under the Criminal Code of Canada will fall under one of three categories: summary, indictable, or hybrid.
Straight summary offenses are usually considered the least serious of the three in terms of both the crime and the penalty. Straight indictable offenses, on the other hand, are for more serious crimes with more severe sentences. A hybrid offense is an offense where the prosecutor can decide whether it will be processed “summarily” or “by indictment” based on the seriousness of the actions of the accused.
It is important to note that a foreign national does not need to have committed a crime in Canada to be criminally inadmissible to Canada. Immigration and border officers determine the Canadian equivalent of any criminal offense committed abroad to decide whether an individual is criminally inadmissible to Canada.
An indictable offense will always result in criminal inadmissibility to Canada. Examples of indictable offenses include:
When categorizing a foreign national’s offense, border or immigration officers will consider a hybrid offense to be indictable. Some examples of hybrid offenses that could result in being criminally inadmissible to Canada include:
Charges of driving under the influence are a common reason for a foreign national to be criminally inadmissible to Canada. Even if your DUI conviction occurred several years ago, it can still affect your ability to enter Canada. However, if you have a DUI conviction, there are still options to come to Canada.
As of October 2018, it is legal to possess up to 30 grams of legal dried cannabis in Canada. However, possession of illegal marijuana, which is not purchased through a licensed retailer, is still a summary conviction offense. For this reason, it is possible that this crime could make you inadmissible to Canada. If you have been convicted of more than one summary offense, this may affect your ability to come to Canada.
The options available to overcome your criminal inadmissibility will depend on when and where the crime was committed, and the severity of the offense.
If you were convicted of a crime outside of Canada, you must be considered rehabilitated to be admissible. You may be eligible to apply for rehabilitation if more than five years have passed since the end of the sentence imposed for a crime committed outside of Canada. If more than ten years have passed since completing your sentence, you may be already deemed rehabilitated.
For driving-related offenses, if your license is taken away as part of your sentence, the five-year period must start after your driving prohibition ends.
Unsure whether your crime will make you inadmissible to Canada? Contact us today to discuss your admissibility to Canada, and how can help you overcome a criminal charge.
Contact us to discuss your admissibility to CanadaCanada Permanent Residence
If your overseas Express Entry permanent residence (PR) application has been approved, you will eventually need to move to Canada. Many new confirmed PRs choose […]
Canada Work Permit
The job vacancy rate in Canada was at an all-time high at the end of 2021. While various jobs are in-demand across Canada, several have […]
Canada Permanent Residence
When applying for Canadian permanent residence, immigration officers may use several methods to verify your work experience history.
Study-2-Immigrate
With FHS Express Entry draws paused indefinitely, many international graduates feel limited in their options to remain in Canada after their PGWP expires.
Study Permit
The COVID-19 pandemic has changed education across the globe; with online learning becoming the new norm, there has been some confusion surrounding whether a permit is required to study online in Canada.
Canada Permanent Residence
A question we are often asked is, “What is the best province in Canada for immigrants?” With Canada being the second-largest country in the world, […]
Study Permit
Looking to change from a study permit to a work permit? The process will depend on where you are at in your program.
Canada Permanent Residence
As of May 6, 2021, essential workers and international graduates currently working in Canada can apply for Canadian permanent residency under favourable new Immigration programs.
Canada Work Permit
Starting February 8th 2021, eligible Hong Kong residents can apply for a 3 year Canadian open work permit, designed to give highly educated Hong Kong residents the opportunity to gain valuable Canadian work experience.
Canada Permanent Residence
In order to finish your application process for Canadian permanent residency, you need to land in Canada. As of June 21, 2021, applicants who have […]
Canada Permanent Residence
Nigerian immigration to Canada has become increasingly popular in recent years. In fact, Nigeria is one of the main source countries of Canada’s immigrant population; […]
Canada Permanent Residence
The Lebanese population in Canada is one of the fastest growing demographics. In 2001, there were nearly 144,000 Lebanese in Canada. According to the 2016 […]
Canada Permanent Residence
There are many options to immigrate to Canada from India. In fact, Indian nationals have the highest success rate when applying for Canadian immigration compared […]
Work in Canada
Many foreign nationals look to Canada as a land of opportunity, hoping to secure a comfortable life for themselves and their families. One of the […]
International Students
Most colleges and universities require international students to show they are comfortable working in English or French, but there are some exceptions. Hopeful international students […]
Atlantic Immigration Pilot Program
Canada’s Atlantic Immigration Program (AIP) has been growing in strides since its introduction in 2017, and has quickly become a promising option for those interested […]
International Students
If you want to come study in Canada as an international student, you might be wondering which province you should study in. Are there benefits to […]
Study Permit
Canada is becoming an increasingly popular destination for international students coming from all over the world. Before you can come to study in Canada, there are a few […]
Living in Canada
Considering making the move across the border from the U.S. to Canada? You’re not alone. In 2019, more than 10,000 U.S. residents made the move […]
International Students
Speedy processing times for study permits, top-quality educational institutions, and an open and welcoming society are just some of the factors that influence international students […]
Provincial Nominee Program (PNP)
Provincial nomination certificates have become an increasingly popular way to immigrate to Canada. There are dozens of Provincial Nominee Programs (PNPs), each with its own […]
International Students | Study Permit
Studying in Canada is a dream come true for many international students. When you receive a letter of acceptance from a Canadian school, it might […]
Immigration Tips
To be eligible for most Canadian economic immigration programs, you need to have some work experience. For many streams, that work experience needs to be […]
International Students
There are a lot of great benefits to being an international student in Canada, including the ability to bring family with you while you study. […]
Work in Canada
Canada’s tech sector is booming and needs labour to sustain its growth; for this reason, the Canadian government offers ample immigration options for tech workers […]
Canada Permanent Residence
If you are planning to immigrate to Canada as a single parent, there are few things you should know before you start the process.
Uncategorized
Canada’s low employment rate, high quality of life, and boundless opportunities make it a great country for new graduates. If you’ve just completed a foreign […]
Immigration Tips
An Acknowledgment of Receipt (AOR) is an official document that confirms that Immigration, Refugees, Citizenship Canada (IRCC) has received your application. IRCC issues an AOR […]
Discover your Canadian immigration options. Get your free assessment now!