FAQs for Criminal Inadmissibility

FAQ – Criminal Inadmissibility

In this article, I will address a few popular questions and answers for criminal inadmissibility in Canada and some important information to consider if you are applying for a Criminal Rehabilitation application. A criminal rehabilitation application is intended for foreign nationals with criminal inadmissibility who would like to come to Canada. It was intended to provide foreign nationals with a past criminal offence made in or outside of Canada with an opportunity to overcome the criminal inadmissibility. If you feel as though you would be eligible to apply for a criminal rehabilitation, I suggest you read our article on “How to Apply for Criminal Rehabilitation” before reading this question and answer article. The intention of this article is meant to clarify any misunderstanding or confusion with regards to criminal inadmissibility in Canada.

Q: How do I know whether I’m inadmissible to Canada?

A: Inadmissibility can come in a variety of different ways. The most common is criminal inadmissibility which is brought by having a criminal offence or conviction, such as a DUI. On the other hand, inadmissibility can also arise because of a medical condition, such as a contagious illness. Therefore, since there are many different types of inadmissibility issues, it is always best to consult with an immigration professional prior to entering Canada if you believe you may be inadmissible.

Q: Is it possible to travel to Canada with a criminal conviction on my record?

A: Luckily, there are measures made for individuals with criminal convictions in order for them to enter Canada successfully. However, it is important that you are adequately prepared prior to entering Canada especially if you have a criminal conviction on your record. In order to be permitted entry into Canada with a criminal record, you must first apply for either a Temporary Resident Permit (TRP) or a Criminal Rehabilitation prior to entering Canada. You must receive an approved TRP and bring it with you when you enter Canada. In contrast, if you received an approved criminal rehabilitation, you are not required to bring this with you when entering Canada as the criminal rehabilitation removes the inadmissibility issue from the applicant’s file.

Q: Is it possible to enter Canada with a DUI on my record?

A: It is possible if you have been approved for a TRP or a criminal rehabilitation. Of course, in order to receive either of these applications approved, you must first be eligible and provide the requirements. Specifically, for DUIs, which is Driving Under the Influence, you will be inadmissible to Canada and will be denied entry without proper authorization. It does not matter whether the offence was a misdemeanor or a felony, regardless of where the charge was laid, you will still be inadmissible to Canada. However, as aforementioned, there are ways to overcome your inadmissibility, by either applying for a TRP or a criminal rehabilitation.

Q: How Can I Prove that I am Deemed Rehabilitated?

A: In order to be deemed rehabilitated in Canada, a period of time must have passed since the convictions or offences have taken place. Specifically, if an individual is convicted of an offence punishable by a maximum sentence of less than 10 years and a total of 10 years has also passed since the completion of the sentence imposed, then you may be able to be deemed rehabilitated because of the time that has passed. It is also important to note that the offence must be also equivalent with Canadian federal law. However, even if you think you may be deemed rehabilitated, it is always recommended to check with an immigration professional to make sure prior to travelling to Canada.

Q: Is Anyone Eligible to Apply for a Criminal Rehabilitation?

A: The simple answer to this question is no; not everyone is eligible to apply for a criminal rehabilitation. In order to be eligible and apply for a criminal rehabilitation application, a total of 5 years must have elapsed since the completion of the sentence that was imposed. Additionally, any fines, jail time, probation, parole, etc. must be completed and the 5 years would start on the day it was all completed.

Q: What convictions or offences result in inadmissibility to Canada?

A: Convictions or offences that are under the Canadian federal legislation, for instance the Criminal Code or the Controlled Drugs and Substances Act, will result in inadmissibility to Canada. Furthermore, an offense committed outside of Canada, that is equivalent in the Canadian federal legislation, and is punishable by way of indictment will result in criminal inadmissibility to Canada. In order to successfully overcome criminal inadmissibility to Canada is to apply for a Temporary Resident Permit (TRP) or a Criminal Rehabilitation application. There are different requirements for each of these applications. Therefore, it is important to research the requirements prior to applying. If you are unsure, it is advisable to consult with an immigration professional, such as Akrami & Associates.

Contact Akrami & Associates

Should you have any further questions or feel confused or unclear about how to apply for a Criminal Rehabilitation or even a Temporary Resident Permit, it is important to talk about any questions you may have and discuss your concerns. By talking to immigration professionals about your concerns, this will ease your worries and assist with the application process. Many immigration applications are difficult to pursue on your own and it is highly recommended that you seek out professional and experienced help before attempting to apply. Here, at Akrami & Associates, we work and have experience with many different immigration issues. We have helped many of our clients obtain authorization to enter Canada through a Temporary Resident Permit or a Criminal Rehabilitation. If you believe that you may be eligible for a Temporary Resident Permit or a Criminal Rehabilitation, please feel free to contact Akrami & Associates at our office at 416-477-2545 for more information or if you would like to book a consultation with an immigration professional for more advise.

With Akrami & Associates, there is always a way!