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Criminal Inadmissibility In Canada | Immigration Lawyers

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What is Criminal Inadmissibility in Canada?

When someone is excluded from entering Canada due to their criminal history, this is known as criminal inadmissibility. You might be denied entrance if you have done an act outside of Canada that is illegal in both the nation where it happened and in Canada. Due to the law of Canadian Immigration, persons with criminal offences may not be allowed entry into Canada. These laws are for serious and also minor criminal offences. To determine if your case is inadmissible, you must consult the Criminal Code of Canada.

The main three sorts of crimes in Canada are summary, hybrid, and indictable. Cause a commotion, threatening phone calls, or intruding at night are examples of summary offences under that same Criminal Code of Canada. Every summary offence faces a penalty punishment of $5,000 in fines and 6 months imprisonment. Indictable offences within Canada are by far the most severe and can result in a maximum penalty. Murder and crimes against the state are instances of indictable offences. Under the criminal code, hybrid offences including driving while intoxicated, theft below $5,000.00, and sexual assault allow the Government to proceed by prosecution or summary prosecution.

When your crime is classified as a hybrid crime, which includes the bulk of charges mostly under the Criminal Code of Canada, it’ll be treated as a prosecutable allegation through Canadian Immigration, making you unable to enter the country.

What can you do if you are Criminally Inadmissible?

Criminal Rehabilitation

Temporary Resident Permit

When it has been 5 years after the conclusion of your criminal term, one could well be entitled to file for criminal rehab, which will remove the criminal inadmissibility from Canada permanently.

If fewer than 5 years have gone since your last visit to Canada and you have a good cause, you may apply for one temporary residency permit. If somehow the rationale for entering Canada exceeds all hazards to Canadians, the official will make a decision.

Criminal Rehabilitation

Personal Rehabilitation qualification is determined by the amount of passage of time because the crime took place or the penalty was served. The gravity of the offence would decide whichever possibility pertains to oneself. Moreover,

If you were proven guilty beyond Canada and such crime may be deemed a prosecutable crime in Canada and is punished by a potential prison term with less than 10 years, you remain entitled to request for individualized rehab after serving at least half - time of your conviction

When it has been at least 5 years after you committed the offence from outside Canada that will be deemed a prosecutable offence in Canada and is punished by a potential prison sentence with less than 10 years, you remain able to qualify for individual rehab

Only when individuals decided to commit or were convicted and sentenced of a crime outside Canada which will be recognized as a prosecutable offence in Canada and is subject to penalties by an imprisonment of 10 years upwards of, individuals are able to qualify for personal rehabilitation if it's been at least 5 years since the date of the crime or the completion of the negotiated sentence, which ever one comes first

Deemed Rehabilitation?

Someone may sometimes be considered rehabilitated in certain instances. This, like individual rehabilitation, will be determined by the severity of such offence as well as the duration of time after the sentencing conditions were completed. In details,

When you are found guilty of a crime out beyond Canada that would be regarded an impeachable offense in Canada and is punished by a maximum term with less than 10 years in jail, you may be declared reformed upon serving at least 10 years of the prison sentence

Whenever an individual committed a crime outside Canada that will be regarded an indictable offence within Canada and punished by a maximum prison sentence of less than 10 years, someone may be declared reformed within 10 years

You may not be deemed rehabilitated if you commit or have been convicted and sentenced out beyond Canada which would be regarded as impeachable offense in Canada and sentenced by such a prison term of 10 years upwards of

To be eligible for deemed rehabilitation, you must:

No more than one convicted crimeTies to your origin country(family, friends, etc.)

A minimum of 10 years must have passed

Must not be a considered serious offense

Must not have been an offense that harmed any person(s) or any property

When in any case you have not deemed rehabilitation, you must then look for another way by applying for criminal rehabilitation.

"Committing An Act” Provision

By practice, candidates get highlighted within this section once proof of a crime/offence done beyond the borders of Canada and yet without prosecution. It indeed is crucial to keep in mind that an inspector doesn’t necessarily need to have a conviction to decide if an individual is legally ineligible to Canada.

Where does this clause come into action?

An investigator possesses knowledge or even other reliable information that a crime has taken place or illegal action outside of Canada with the person in question taking part within it

The foreign country or authority clearly states that they are in a position to lay charges against said person

A pending arrest warrant or other types of warrant is in effect

Charges that are pending must be taken care of

There is proof that there is a conviction, but no certification that said conviction has been completed

There are charges but the trial has not taken place

The reason for this provision is to hopefully bar entry to all individuals who possess evidence of criminal activity. These people are to be carefully examined to make sure they pose no threat to Canadians because, in the end, the safety of Canadians is the top priority.

When authority of foreign origin does not want to continue pursuing the charges or if the trial has been conducted however no conviction has taken place, this clause will then not apply to that scenario.

The Process of a Criminal Rehabilitation application

The officer that is assessing you for your criminal rehabilitation will have to check for a variety of different things. One thing they will assess is the likeliness of you committing another crime, this is an important criterion for them to assess due to the fact that this will be a deciding factor in your application. Criminal rehabilitation is a lengthy process but can prove to be rewarding if applied for by people meeting the correct standard criteria. When applying for criminal rehabilitation, always review the requirements and eligibility criteria.

Can I Enter Canada with an Old Criminal Record?

A frequent occurrence at Canadian ports of entry is a foreign visitor trying to enter Canada who has a lengthy criminal background. It’s crucial to realise that, depending on the type of crime(s) you committed, the amount of time since you served all of your sentences, and the equivalent under Canadian law, time may occasionally not be a deciding factor in assessing your eligibility for entry into Canada.

There are some crimes for which a person may qualify for rehabilitation after waiting 10 years after serving all applicable sentences. For instance, if it has been more than 10 years after the conclusion of all sentencing and you have only ever had one DUI conviction with no other criminal history, you should be thought to have been rehabilitated by the passage of time


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