Welcome to Canada, a country that welcomes millions of tourists, visitors, immigrants, foreign workers, and students every year. Before embarking on your journey to Canada, whether for tourism, work, or study, it’s crucial to be aware that a previous criminal record could potentially make you inadmissible to the country. The process of assessing criminal admissibility involves determining the equivalency of foreign criminal offenses to Canadian law.
Severity of Offense Matters
The severity of your past offense plays a pivotal role in determining whether you’ll be considered admissible or not. For example, if your previous offense is categorized as a summary or less severe offense, you may still be admissible to Canada without requiring additional permissions or documentation. However, if you’ve been indicted for a more serious crime, your chances of entering Canada could be restricted. Having two non-indictable offenses on your record might also render you inadmissible.
Common Convictions Leading to Inadmissibility
Common types of convictions that often lead to inadmissibility include impaired driving, reckless driving, fraud, assault, and drug offenses.
Overcoming Inadmissibility
If you’re likely to be considered inadmissible to Canada due to a criminal record, there are potential ways to overcome this challenge. Two common approaches are applying for Temporary Resident Permits (TRPs) and submitting Criminal Rehabilitation applications.
Temporary Resident Permits (TRPs)
A Temporary Resident Permit (TRP) provides legal entry into Canada for a specific period, which can be up to three years, depending on your purpose of entry, whether it’s for work, family, or other reasons. The TRP option is suitable if:
- You’ve been convicted of a crime outside of Canada that, if committed within Canada, would be equivalent to an indictable offense punishable by a sentence of less than ten years.
- You’ve committed crimes equivalent to hybrid offenses punishable by a sentence of fewer than ten years.
TRPs aren’t bound by the completion of a sentence timeframe, and you can even apply for an extension from within Canada.
Criminal Rehabilitation
For a more permanent solution to clear a past offense from your record, you can consider applying for Criminal Rehabilitation. This process requires just one application, and if approved, you won’t need a TRP in the future. To be eligible for Criminal Rehabilitation:
- You must have committed an act outside of Canada that would be considered an offense under the Canadian Criminal Code.
- A minimum of five years must have passed since you completed any sentences, including jail time, fines, and probation.
Criminal Rehabilitation comes in two forms:
1. Individual Rehabilitation
This option is appropriate when five years have passed since completing a sentence for a less serious offense. You’ll need to demonstrate rehabilitation and prove that you’re no longer a risk for criminal activities.
2. Deemed Rehabilitation
Deemed rehabilitation is more suitable for those convicted of indictable offenses that meet specific criteria.
As Canada’s immigration landscape evolves, understanding the implications of a criminal record on your admissibility is crucial. Exploring options like TRPs and Criminal Rehabilitation can help you overcome challenges and navigate the immigration process effectively. Seeking professional advice from a Canadian immigration lawyer is recommended, as it can provide you with the guidance you need to make informed decisions and enhance your chances of a successful immigration journey to Canada.
