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What To Do If You’re Criminally Inadmissible to Canada

April 12, 2020BY Dale Carroll

Inadmissibility is one of the major problems in Canadian immigration. Each year thousands of visitors are banned from entering Canada because of the criminal inadmissibility.

Criminal inadmissibility in Canada applies to all the applicants who have applied for Canadian immigration. Even a minor criminal offense like driving under the influence (DUI) can result in being rejected entry to Canada.

There are different reasons for which a person is considered criminally inadmissible. The major among them are criminal history and medical issues. So, what to do if you’re criminally inadmissible to Canada?

Whether you are planning to immigrate to Canada or a short trip, you should understand what criminal inadmissibility is. Then, what steps to take if you’re found criminally inadmissible.

Criminal Inadmissibility

Criminal inadmissibility means the inadmissible person is barred from entering Canada. It applies to an applicant who is applying for a permanent resident, temporary resident, or short visit.

Not all crimes make a person inadmissible to Canada. The offense should have a severe degree of seriousness. Only, then the person may be inadmissible to Canada.

The person will be deemed as criminally inadmissible;

  • If the person has committed or has been convicted of a crime in their home country. And, the crime is considered an offense under Canadian law.
  • If the person was convicted of a crime in Canada.
  • If the person has a DUI charge are likely to be banned from entering Canada.

Medical Issues

A person can be inadmissible to Canada because of their health-related difficulties. If the person’s medical condition poses a severe threat to the health of the Canadian public, they’ll likely be barred to enter the country. Also, a person might be rejected entry; if the visa office identifies, the person will have an extreme demand from publicly-funded Canadian health services.

However, there are some ways to overcome criminal inadmissibility in Canada.

What to do if you’re criminally inadmissible to Canada?

Well, it’s all depends on the nature of crime, conviction, or sentences.

  • A person’s sentence may end less than five years ago.
  • A person’s sentence may end more than five years but less than ten years ago.
  • A person’s sentence may end more than ten years ago.

Depending on the crime, a person can re-enter in Canada in a few cases. The possible solutions for criminal inadmissibility are;

  • Deemed Rehabilitation
  • Temporary Residence Permit
  • Determination of Individual Rehabilitation
  • Being Granted for a Pardon

Deemed Rehabilitation

It’s a process in which Canadian immigration forgives a criminally inadmissible person’s offenses and provides a clean slate. A person is deemed rehabilitated if enough time has passed since the conviction. The standard time is ten years or less.

If it has been ten years or more since you’ve completed a sentence, you may enter in Canada. In such a case, you’ll need to get special permission to come to Canada. But, it depends on the customs agents as he decides if you meet certain requirements.

The custom agent consider:

  • Your crime
  • If you’ve done more than one crime or not.
  • If you are employed or if you have family commitments
  • Is there any chance to commit another crime

Temporary Residence Permit

It is a document that bridges criminal inadmissibility temporarily. The temporary residence permit is a temporary solution that should be applied for with great reason. This permit can be issued for multiple entries to Canada.

A temporary residence permit can be valid for up to 3 years. The duration of permits depends on the qualities of the application. A person can get a temporary residence permit if it has been less than five years since the end of their sentence.

Determination of Individual Rehabilitation

It is a process that allows the criminally inadmissible person to get a formal decision. It provides the surety to be able to cross the border even before getting there. This process requires the person to submit a written application to the Canadian government with a fee.

A person can apply for individual rehabilitation if it has been at least five years since committing a crime. Also, the person has completed all the requirements of the sentence.

Being Granted for a Pardon

In some cases, a person is pardoned or discharged for the crime from the country they were convicted. If so, you must check if the Canadian government accepts the pardon. You can contact the nearest Canadian Citizen and Immigration Office (CIC).

Conclusion

So, this is what to do if you’re criminally inadmissible to Canada. The solution may vary with the nature of your crime and sentences. To find your eligibility and suggestions for Canadian immigration, you can contact Immigrationcanada.ca.

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