Criminal Inadmissibility

What Does Criminal Inadmissibility Mean in the Context of Canadian Immigration?

Criminal inadmissibility in the context of Canadian immigration refers to the situation where an individual is deemed ineligible for entry or permanent residency in Canada due to their criminal background. The Canadian immigration system places a significant emphasis on ensuring the safety and security of its residents, and therefore, individuals with a history of criminal activities may face challenges in their immigration process. Criminal inadmissibility can be triggered by various offenses, ranging from serious crimes to those related to dishonesty or endangerment of public welfare. The determination of inadmissibility involves a careful examination of the nature and severity of the offenses committed. While not all criminal records automatically result in denial, applicants falling under this category often need to provide additional documentation, undergo a thorough review, or seek legal guidance to navigate the complexities of the immigration process and demonstrate their eligibility for entry into Canada.

Why Does My Criminal Record Affect My Eligibility for a Canadian Visa?

Criminal history can significantly impact a Canada visa application due to the country’s stringent immigration policies and commitment to ensuring the safety and security of its residents. When assessing visa applications, Canadian immigration authorities thoroughly scrutinize an applicant’s background to assess potential risks associated with criminal activities. A criminal record may raise concerns about the individual’s trustworthiness, potential threat to public safety, and ability to adhere to Canadian laws. While not all criminal histories automatically result in visa denials, certain offenses, such as serious crimes or those involving violence, may lead to inadmissibility. Canada aims to maintain a welcoming and secure environment for its citizens and visitors, and evaluating criminal history is a crucial aspect of achieving this goal. Applicants with criminal records may still be eligible for a visa, but they often need to provide additional documentation, undergo a detailed review, or even seek legal assistance to address concerns and demonstrate their eligibility for entry into the country.

Types of Crimes That May Cause Immigration Issues

Understanding criminal inadmissibility is crucial for individuals aspiring to enter Canada, as it essentially means being prohibited from doing so. This status is often attributed to criminal activities ranging from minor infractions to serious offenses, posing threats to public safety, national security, or violating justice principles.

Crimes such as driving under the influence, participation in organized crime, theft, violence, terrorism, and human rights violations lead to inadmissibility. Even being a senior official in a government engaged in gross human rights violations can result in denial of entry. It’s noteworthy that allowances may exist for crimes committed under the age of 18.

The immigration system aims to prioritize the safety of Canadians, and those aspiring to travel to Canada are encouraged to review the Criminal Code of Canada and the Controlled Drugs and Substances Act for a comprehensive understanding.

For a detailed exploration of the spectrum of crimes that render individuals inadmissible,, and to gain insights into specific offenses that may affect entry, read the full article here: Crimes Crimes That Will Make You Inadmissible to Canada.

Serious Criminality

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.

How to Overcome Criminal Inadmissibility?

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 (TRP). This permit allows otherwise inadmissible people to enter Canada for a specific amount of time, and although there are no strict eligibility criteria, the decision is discretionary and based on showing a valid reason for entering Canada that outweighs potential risks to Canadian society.

Criminal rehabilitation is another option to overcome inadmissibility. There are two ways to achieve rehabilitation: applying officially or being automatically considered rehabilitated after 10 years since the completion of your sentence. 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. The process may take up to 24 months, so planning ahead is crucial.

Explore the full details of these processes by reading the complete article here: What To Do If You’re Criminally Inadmissible to Canada.

How Canadim Can Help

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 Canadim can help you!