Criminal Inadmissibility

Criminal Inadmissibility Canada

This term describes people who are not allowed to enter or stay in Canada because they have committed or been convicted of a crime. That crime may have occurred in or outside Canada. Should this be the case for you, you may be considered to be inadmissible, not able to enter Canada under normal circumstances, under these conditions and will require additional authorization to do so.

Normally you cannot enter or stay in Canada if you are inadmissible. However, there are ways of overcoming your
criminal inadmissibility.

If you are inadmissible, you may become admissible again if you:

• satisfy an immigration or border services officer that you meet the legal requirements to be deemed rehabilitated;
• apply for individual rehabilitation and get approved; or
• receive a pardon or record suspension.

You may also be offered a Temporary Resident Permit if:

• your reason to travel to Canada is considered justified in the circumstances; and
• you do not pose a risk because of your inadmissibility.

Visits considered justified could include family emergencies or for business or work reasons. Pleasure trips are normally not considered justified in the circumstances but are often arguable.

Normally, if you have been convicted of an offence, such as mischief or driving under the influence, you cannot enter Canada without a permit that has a processing fee of C$200. However, as of March 1, 2012, you may be able to get a Temporary Resident Permit for one visit without having to pay the C$200 processing fee if you:

• have served no jail time, and
• have committed no other acts that would prevent you from entering Canada.

You may be eligible for the fee waiver if you:

• have been convicted of an eligible offence (or its equivalent in foreign law);
• have served no jail time;
• have committed no other acts that would prevent you from entering Canada; and
• are not inadmissible for any other reason.

This fee exemption does not apply if you have been convicted of child pornography or a sexual offence. The equivalent convictions vary from country to country. Among others, they include:

• driving under the influence of alcohol;
• public mischief; or
• shoplifting.

All serious criminal offences are not eligible. Among others, they include:

• robbery;
• fraud over C$5000; or
• assault causing bodily harm