A criminal conviction, regardless of where it occurred, can significantly impact your ability to enter or remain in Canada. Canadian immigration law considers individuals with criminal records to be “criminally inadmissible” if their offenses meet certain criteria.

What Makes You Inadmissible?

• Convictions Outside Canada: You may be inadmissible if convicted outside of Canada of an offense that, if committed in Canada, would be considered:
  • An indictable offense with a maximum sentence of less than ten years.
  • Two or more summary offenses.
  • A hybrid offense punishable by less than ten years in prison.
• Convictions in Canada: You may be inadmissible if convicted in Canada of:
  • An indictable offense with a maximum sentence of less than ten years.
  • Two or more summary offenses.

Overcoming Criminal Inadmissibility

Several pathways may exist to overcome criminal inadmissibility and enter or remain in Canada:

Deemed Rehabilitation:

• This applies if sufficient time has passed since your conviction and you have demonstrated a law-abiding lifestyle.
• The specific timeframe varies depending on the nature and severity of the offense.

Individual Rehabilitation:

• You can apply for individual rehabilitation if you can demonstrate that you have been rehabilitated and are unlikely to re-offend. This requires a formal application and may take considerable time to process.

Record Suspension (Pardon):

• If you were convicted in Canada, you may be eligible for a record suspension (formerly known as a pardon). This can help remove some of the legal consequences of your conviction.

Temporary Resident Permit:

In certain circumstances, a Temporary Resident Permit may be granted if your reason for entering Canada is deemed justified and you do not pose a significant risk to Canadian society.

Seeking Legal Guidance

Navigating the complexities of criminal inadmissibility can be challenging. It is crucial to seek legal advice from an experienced immigration lawyer. An experienced attorney can:

• Assess your specific situation and determine your eligibility for any of the available options.
• Guide you through the application process for rehabilitation or other relevant relief.
• Advocate on your behalf with immigration authorities.
• Help you understand your rights and options throughout the process.

Book a consultation today to navigate the complexities of criminal inadmissibility effectively.