You can be inadmissible to Canada for serious criminality or criminality. The type of criminality depends on the severity of your crime. The seriousness of a crime is determined based on the imprisonment term.
Crimes that have an imprisonment term of more than 10 years are considered serious offenses. However, an imprisonment term of fewer than 10 years terms is considered a nonserious offense as these are usually nonviolent crimes.
Who is Inadmissible for Serious Criminality or Criminality?
You are inadmissible for serious criminality if:
- You have been convicted of a crime punishable with an imprisonment term of more than 10 years or an offense which is punishable with a sentence of more than 6 months in Canada
- You have been convicted of a crime outside Canada that carries a sentence of more than 10 years if committed in Canada
- You have committed an act that is a punishable offense where it was committed and would be punishable by an imprisonment term of at least 10 years
You are inadmissible for criminality if:
- You have been convicted of a crime that is punishable by indictment in Canada or you have been convicted of repeated criminal activity
- You have been convicted of a crime that is an indictable offense in Canada or repeated offenses that if committed in Canada would be considered a serious offense
- You have been convicted of a crime outside Canada that constitutes an indictable offense
- You have committed an offense upon entering Canada
Call and speak to our team, so that they can book a time with a licensed immigration professional who will answer all your questions.
What are the Possible Outcomes to Serious Criminality and Criminality?
If you are inadmissible for criminality:
- You would require special permission to enter Canada
- If 10 years have passed since you have completed your sentencing period, then you are deemed rehabilitated
- If 5 years have passed since you have completed your sentencing period, then you could request for criminal rehabilitation or a Temporary Resident Permit (TRP)
If you are inadmissible for serious criminality:
- If 5 years have elapsed since you completed your sentence, you can apply for criminal rehabilitation
- Based on your case, you could be eligible for deemed or individual rehabilitation
As a permanent resident if you are inadmissible for serious criminality and criminality, then you need to receive a record suspension from the Parole Board of Canada (PBC).
Frequently Asked Questions (FAQs) About Serious Criminality and Criminality
If you are convicted of driving under the influence (DUI), then you could be inadmissible because of serious criminality.
A felony conviction includes crimes like murder, drug smuggling, etc, and is punishable by a sentence of more than 10 years.
You could apply for criminal rehabilitation if 5 years have passed since the completion of the required imprisonment period.
Yes, you will be required to carry police certification that proves your conviction was suspended at the port of entry.
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.
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