Who may be deemed inadmissible to Canada based on convictions?
An individual may be deemed inadmissible to Canada based on convictions both inside and outside of the country. Specifically, if they have been convicted outside of Canada of an act that would be considered an indictable offence punishable by a sentence of less than ten years, or if they have been convicted of two or more summary offences that would be considered equivalent if committed in Canada.
Similarly, if an individual has been convicted in Canada of an indictable offence punishable by a sentence of less than ten years, or if they have been convicted of two or more summary offences, they may be found inadmissible.
It is important to note that a Record Suspension (Pardon), withdrawn or dismissed charges, or an absolute or conditional discharge, will not result in inadmissibility in Canada. However, if the offence occurred outside of Canada, the individual may still be deemed inadmissible.
In such cases, it is crucial to provide all necessary details and documents, including charges, convictions, court dispositions, pardons, photocopies of applicable foreign laws, and court proceedings, to the immigration officer to determine admissibility. Even if a charge was dismissed or an offence was pardoned, all necessary documentation must be provided to ensure that the individual is not found inadmissible to Canada.
How to overcome Criminal Inadmissibility to Canada?
Individuals who have been convicted of a crime may be inadmissible to enter Canada. However, there are several options available to overcome this inadmissibility, including:
Criminal inadmissibility can be overcome through rehabilitation, which is determined by the:
Successful rehabilitation requires fulfilling the necessary criteria, and convincing the Canadian government that the individual has been rehabilitated and is unlikely to commit further crimes in the future.
Two forms of Rehabilitation
There are two forms of rehabilitation:
When can I apply for criminal rehabilitation if I convicted of a crime outside of Canada?
For those convicted of a crime outside of Canada, they may apply for criminal rehabilitation if at least five years have passed since the end of their criminal sentence, including probation, or five years have passed since the commission of the original crime.
When can I apply for criminal rehabilitation if I convicted of a crime inside of Canada?
Canadian citizens or permanent residents with criminal convictions in Canada must seek a record suspension, formerly known as a pardon, from the Parole Board of Canada in order to regain admissibility to Canada.