Canada receives millions of immigration applications every year. Whether an individual wants to visit Canada to meet his/her family or want to study/work there, they must meet all the eligibility requirements.
What if you have a criminal conviction that can trigger inadmissibility to Canada? Well, there are ways through which you can overcome your inadmissibility. Let’s find out!
What is criminal inadmissibility?
You are considered criminally inadmissible to Canada if you are a foreign national who possesses past convictions for a crime. Foreign crimes are compared to Canadian laws to determine the applicant’s criminal inadmissibility.
If the criminal offence is related to the summary offence in Canada and it is your only conviction, then your entry to Canada might be permitted. Conversely, if the offence is related to an indictable offence under the Criminal Code of Canada, it is considered a serious offence, which marks your criminal inadmissibility to the country.
So, what can an individual do to overcome criminal inadmissibility to Canada? There are three definite ways to overcome it:
- A temporary resident permit application
- A criminal rehabilitation application
- A legal opinion letter
Temporary Resident Permit Application
A Temporary Resident Permit (TRP) is the fastest solution for any international candidate who is criminally inadmissible to Canada. It permits temporary access to the country for a definite time. This is usually used in situations where a visitor has an authentic reason to enter Canada and their entry is devoid of any risk to Canadian society.
For instance, if you have a family function to attend in Canada and require two weeks stay in the country, you can apply for the TRP. You must present a legitimate reason for your travel based on which your admission will be granted by the Canadian Immigration officer.
Moreover, a TRP application can be granted for about 3 years concerning the reason for the visit. An individual can apply for a TRP anytime without any requirement of the completion of a criminal sentence.
Criminal Rehabilitation Application
A criminal rehabilitation application is likely to resolve an international candidate’s criminal inadmissibility to Canada. The government permits the submission of a criminal rehabilitation application to nullify your past criminal history and grant your entry to Canada.
This application is a one-time solution and does not require any renewal. Thus, your travel to Canada will no longer be impeded. If the application is approved, you don’t require a TRP to enter the country.
However, this is only the case if the foreign national has not committed any other offence. If they commit, criminal rehabilitation will not be considered, and they have to apply for another criminal rehabilitation or a TRP.
Legal Opinion Letter
A legal opinion letter is formulated by a Canadian immigration lawyer. It includes the consequences of a conviction related to immigration purposes. The letter will highlight designated sections of Canadian law to help the Immigration Officer decide on the charges and different outcomes such as sentencing, conviction and others, which can affect admissibility to Canada.
The letter might also outline other infractions that would not provide entry to Canada. There can be adverse impacts of inadmissibility. Inadmissibility can harm employment, as well as the ability to meet family members residing in Canada. Thus, the letter is likely to appeal to the judge’s compassion to decide a favourable outcome.
Ensure that you possess all the necessary documents to claim your entry to Canada. Also, you can contact Akrami & Associates to help you out with criminal inadmissibility issues. We have helped our clients with different Canadian immigration problems. Contact us to know more about our services.