Criminal Inadmissibility to Canada: Frequently Asked Questions

Criminal Inadmissibility to Canada:

If you have been charged or convicted of a criminal offence, you may be barred from entering Canada to immigrate, study, work, or simply visit. Even minor infractions might result in a person’s inadmissibility to Canada. Individuals who may be judged inadmissible to Canada frequently ask the following questions:


  • Is it true that committing a crime of any type makes me inadmissible to Canada?

It is determined by a number of factors, including the sort of offence for which you were prosecuted or convicted, the duration and type of punishment you got, and the time since you committed the act and/or completed your sentence. However, the most important step is to convert the crime or conviction into Canadian law. In Canada, criminal law divides offences into two categories: those punished through summary process and those prosecuted through indictment. An indictable offence is more serious than a misdemeanour. You will be inadmissible to Canada if you have been convicted of more than one summary offence or any indictable offence.


  • How can I know whether my crime is summary or indictable?

You or your lawyer will look up the equivalent of your offence under Canadian law in the Criminal Code of Canada or any applicable federal legislation. This translation is crucial since it may have an impact on your ability to enter Canada. If the translation is to a hybrid crime, which means it can be punished by either summary or indictment, it is considered indictable under Canadian immigration law.


  • I believe I am criminally ineligible to enter Canada. Is there any way to get out of this situation?

The short answer is yes; the Canadian government offers Temporary Resident Permit (TRP) and Criminal Rehabilitation as potential short- and long-term alternatives. The TRP is intended for those who are inadmissible to Canada and require temporary entry. Individuals who demonstrate compelling reasons for entrance — that the benefits of their visit to Canada exceed any hazards — are usually granted TRPs. Those who are eligible for permanent clearing of their criminal background can apply for criminal rehabilitation. If you were convicted of a crime or crimes in another country and your sentence has been completed for more than five years, you may be eligible for criminal rehabilitation in Canada.


  • Is it necessary for me to hire an immigration lawyer?

Nobody requires the services of an immigration lawyer. There are instances when you should probably see a doctor and other times when you can get by without. Every person with a criminal record faces a unique set of circumstances. The Canadian government must strike a balance between national security and compassion while deciding whether or not to let you in. Although a Canadian immigration lawyer cannot promise that you will be admitted to Canada, they can assist you in understanding how your criminal background is interpreted in Canadian law. They will be able to tell you whether your criminal record will prevent you from entering the nation. If that’s the case, a crime expert can explain your choices for getting around inadmissibility.

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