Have you been deemed inadmissible to Canada? If you have been convicted of a crime or have been arrested, you could be criminally inadmissible to Canada. It is your responsibility to demonstrate that you are eligible to enter Canada.
What is Criminal Inadmissibility?
Criminal inadmissibility means that you have been denied entry to Canada for being convicted of a crime committed in Canada or abroad. If you are inadmissible for criminality, then:
- You require a special document called the, Authorization to Return to Canada (ARC) for a future return
- You could be deemed rehabilitated if 10 years have passed since the completion of imprisonment
You could apply for a Temporary Resident Permit (TRP) or criminal rehabilitation if 5 years have elapsed since completing your sentencing.
How to Overcome Criminal Inadmissibility?
There are 2 ways to overcome criminal inadmissibility:
Criminal Rehabilitation: This is a permanent solution to criminal inadmissibility. To apply for criminal rehabilitation, your sentencing period must be over 5 years prior.
This includes all other required conditions such as probation, fines, community service, etc.
For the completion of your sentencing period, if 10 years have gone by, you could be deemed rehabilitated. Criminal rehabilitation applications are considered based on the possibility of repeated or continued criminal behavior or activity.
Temporary Resident Permit (TRP): A TRP is a temporary solution to criminal inadmissibility. It basically wipes your record clean and authorizes you to enter Canada despite your inadmissibility.
However, you must provide a valid reason to enter Canada that outweighs the risk of allowing you to enter.
A TRP can be issued for 1 day to 3 years with specified conditions for the applicant. You can apply for a TRP if you wish to enter Canada before the specified time period has expired to apply for criminal rehabilitation.
What are the Alternatives for Overcoming Criminal Inadmissibility?
If you are deemed criminally inadmissible as a permanent resident, you will be issued a removal order. You could appeal this decision to the Immigration Appeal Division (IAD). However, you are not eligible to appeal to the IAD if your sentencing period was for 6 months or more.
Call and speak to our team, so that they can book a time with a licensed immigration professional who will answer all your questions.
- Explore your full options with our immigration assessment
- Receive a response from our team in one business day
Frequently Asked Questions (FAQs) About Criminal Inadmissibility
Driving under the influence (DUI) is the most common reason for criminal inadmissibility. Drugs, whether illegal or legal can fall under DUI convictions. However, crimes like theft, assault, and weapon possession could make you inadmissible.
You can apply for a temporary residence permit (TRP) or criminal rehabilitation.
You can apply for a TRP at the port of entry. However, it is advisable to get a TRP in advance before coming to Canada.
Why Is It Necessary to Seek Legal Representation?
Has your Canadian immigration application been rejected? Have you been refused entry to Canada or is it much worse?
Treated unfairly by the Canada Border Services Agency (CBSA) or the Immigration, Refugees and Citizenship Canada (IRCC), by a tribunal or by an immigration officer?
Distressed over your situation? Is a family member involved?
There can be hope for almost every negative situation on an immigration-related decision.
Your current outcome is not definitive, it can be challenged.
Under Canadian immigration laws, almost all refused applicants have the right to seek judicial review of their immigration challenges. Most foreign nationals, permanent residents and most sponsors also have rights to appeal their cases.
At My Visa Source, our experienced immigration litigation lawyers have successfully represented our clients in front of The Federal Court and the four divisions of the Immigration and Refugee Board (IRB).
Immigration is a complex process that requires strong legal strategy, precise paperwork, and perfect attention to detail and experience dealing with immigration officials and government departments, reducing the risk of wasted time, money or permanent rejection.
We take on cases with regular circumstances to ones that are very complex. Our processes have been honed to streamlined efficiency over a decade with a team who are happy, experienced, understanding, patient, cooperative, careful, neat, thorough, and easy to work with. Communication with our clients is one of the keys to our success.
Why Contact My Visa Source?
With over a decade of helping people from over 120 countries on Canadian immigration matters and litigation.
You can judge for yourself the reputation of our immigration law firm. Just Google, “My Visa Source” and see for yourself.
Contact us and let our immigration litigation lawyers quickly find out about every detail, and sequence involving your situation, so that we can move forward on your behalf.
Begin with our one-minute online assessment form or speak with an award-winning immigration lawyer over the phone or on Skype, or in-person at our downtown Toronto and Vancouver offices.
Vancouver at 604-800-1681
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We’re open 6am-9pm PST & EST, 7 days a week and are ready for video and phone consultations.