Criminal Inadmissibility

Globally renowned for its hospitable immigration laws Canada provides chances for people looking to start over. However, because safety and security are highly valued by the Canadian government, people with criminal records may find it difficult to enter or remain in Canada. A legal obstacle known as criminal inadmissibility may keep someone from acquiring a visa entering the nation or settling down as a permanent resident.

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

The purpose of Canada’s immigration regulations is to protect its citizens. Because of this, people with criminal histories are scrutinized more. According to the Immigration and Refugee Protection Act (IRPA), a person may be denied entry for offenses such as organized crime serious criminal activity, or criminality.

For the following reasons, a criminal record may impact your eligibility for a Canadian visa.

• Risk Assessment: Immigration officials in Canada determine if a person presents a risk to public safety.
• Legal Compliance: Canada strictly enforces its immigration laws guaranteeing that only law-abiding citizens are allowed entry.
• Integrity of Morals: Criminal histories may reveal a possible lack of integrity or a failure to abide by Canadian laws.

Under Canadian immigration laws crimes as minor as petty theft or driving under the influence (DUI) can result in criminal inadmissibility.

Different Crimes That May Lead to Immigration Issues

Inadmissibility may arise from a variety of criminal offenses. Canadian law classifies these offenses according to their seriousness.

1. Less Serious Crimes: Criminality

• Shoplifting or small-time theft.
• Small amounts of illegal substances are in possession.
• Charges of minor assault.
• Driving while intoxicated (DUI) without fatalities or serious injuries.

2. High-Level Criminal Activity

• Trafficking in drugs or possession with the intention of distributing them.
• Severe assault or assault that results in physical injury.
• Fraud with a substantial financial stake.
• Murder or homicide.

3. The Term Organized Crime

• Participation in illegal groups.
• Smuggling or human trafficking.
• The involvement in terrorist activities.

The government of Canada may consider your offense to be equivalent to another crime under Canadian law even if it happened outside of the country. This could result in your criminal inadmissibility.

How to Overcome Criminal Inadmissibility?

There are a number of strategies to deal with and possibly get past criminal inadmissibility even though a criminal record might seem like a barrier. The following are the most popular choices.

1. TRP or Temporary Resident Permit

• Those who have been declared inadmissible may enter Canada temporarily with a Temporary Resident Permit (TRP) provided they can provide a strong justification for their visit.
• TRPs are usually granted for particular times and objectives like going to a clinic visiting business meetings or family gatherings.

2. The Field of Criminal Rehabilitation

Inadmissibility can be permanently resolved through criminal rehabilitation. Candidates must show that they are no longer a danger to Canadian society and that they have changed since the offense.

To qualify for rehabilitation:

• The sentence must have been served for at least five years.
• Candidates must submit thorough records of their criminal histories and rehabilitation efforts.

3. Deemed Rehabilitation

• In certain situations, people might be considered rehabilitated if enough time has elapsed since the end of their sentence and the offense was not as serious.
• For instance, after ten years someone who has committed just one non-violent offense might be eligible for rehabilitation.

4. Record Suspension (Pardon)

• Your chances of getting over inadmissibility may increase if you are able to get your record suspended in the nation where the offense took place.
• Keep in mind that this procedure does not ensure admissibility because the nature of the offense may still be determined by Canadian authorities.

5. Legal Support

• A knowledgeable immigration attorney or consultant can guide you through the challenges of dealing with criminal inadmissibility.

How CWC Can Help?

We at CWC Immigration Solutions are experts at assisting people in overcoming criminal inadmissibility to Canada. Our knowledgeable staff is aware of the subtleties of Canadian immigration laws and provides solutions that are specifically designed to meet your needs. 

Your criminal history is thoroughly examined and the best course of action to resolve your inadmissibility is decided. For Criminal Rehabilitation and Temporary Resident Permits our team drafts and submits thorough applications making sure all supporting documentation is correct and convincing. Get started by getting in touch with us right now for a FREE Assessment!