Criminally Inadmissible to Canada
In order to double-check your admissibility status, the following information will be useful in understanding your ability to enter Canada. Should you wish to speak with a Canadian immigration specialist in-depth about your current situation, please contact us at +1 514 316 3555.
Individuals may either temporarily or permanently overcome their criminal inadmissibility to Canada by applying for a Temporary Resident Permit, or for Criminal Rehabilitation.
A Temporary Resident Permit allows an individual to overcome their inadmissibility, and thus enter Canada, for a specified and compelling reason, for a specific period of time determined by a Canadian border official.
Criminal Rehabilitation for both serious and non-serious convictions is an application process where the offender requests a “blank slate” of sorts from the Canadian Government, so that they may enter Canada without issue. Individuals may only apply for CR once five years have elapsed sine the completion of all sentencing.
Common offenses include:
- Underage Drinking / Possession of Drug Paraphernalia / Driving without Insurance Even
if you were convicted yesterday, you may enter Canada. - Causing a Disturbance / Public Intoxication / Possession of Marijuana under 30 grams
If you have only one of these convictions on your record, you may enter Canada immediately.
However, should you have more than one of these convictions, you must wait 5 years as of the
completion of your sentencing to apply for Criminal Rehabilitation, or you may apply for a TRP
right away. - DUI / Assault / Writing a Bad Cheque
You may apply for a Temporary Resident Permit or Criminal Rehabilitation. - Assault with Bodily Harm / Fraud over $5000 / Trafficking Cocaine or Meth
You may apply for a Temporary Resident Permit or Criminal Rehabilitation.
If your sentence ended:
- 1-5 years ago: If the severity of your offense committed outside of Canada is equal to Canadian law, you are most likely criminally inadmissible to Canada. However, you may be eligible for a Temporary Resident Permit if you have a compelling reason to enter Canada, preferably in connection with you employment.
- 5-10 years ago: If your offense committed outside of Canada equates to an offense under the Criminal Code of Canada, you are criminally inadmissible, but eligible for Criminal Rehabilitation. Should you need to enter Canada urgently, applying for a TRP is another option.
- Over 10 years ago: If your offense is equivalent to a Canadian federal offense, you may be deemed rehabilitated (and thus able to enter Canada without hindrance) if your offense is of a non-serious nature, and you have a single conviction on your record. If your offense was of serious nature, you must apply for Criminal Rehabilitation.
Want to double check your admissibility status? Click above for a breakdown of what your conviction or arrest means regarding your ability to come to Canada!
FWCanada is a Montreal-based immigration law firm that provides professional legal services on Canadian immigration. For more tips and updates on Canadian immigration follow FWCanada on Facebook, Twitter, and Linkedin.
