Under Canada’s Immigration law, if you have committed or been convicted of a crime then you are
criminally inadmissible. Normally if you are criminally inadmissible you cannot stay or live in Canada. This also includes both minor and serious crimes, such as:
- Dangerous driving;
- Driving while under the influence of drugs or alcohol, and
- Possession of or trafficking in drugs or controlled substances.
However, there are few ways to overcome your criminal inadmissibility. If you are inadmissible, you may become admissible again if you:
If you satisfy an immigration or border services officer that you meet the legal requirements to be deemed rehabilitated. Under the Canada’s immigration law, the deemed rehabilitation means that enough time has passed since you were convicted of that particular crime what make you inadmissible and your crime may no longer bar you from entering Canada. You can be deemed rehabilitated depending on following factors:
- The crime you have committed
- If enough time has spent since you finished serving the sentence for the crime and
- If you have committed more than one crime
These are three factors that Canadian immigration officer will into and decide whether you are deemed rehabilitated. The visa officer will also see the crime you have committed outside Canada has a maximum prison term of less than 10 years if committed in Canada.
If you have applied for individual rehabilitation and you get approved, you will no longer be considered inadmissible to Canada. The individual rehabilitation means that you are not likely to commit new crime in future and are therefore admissible to Canada. If you want to apply for individual rehabilitation to enter Canada, you can apply but the minister and their delegated will decide whether they will grant you or not. In order to apply for this you must have to meet following factors:
- You have to show that you meet the criteria
- You have been rehabilitated and
- You will be highly unlikely to take part in further crimes.
In addition to that at least five years must have passed since:
- The end of your criminal sentence and probation is also included
- The day you committed the act that made you inadmissible.
You also must have to apply to Canadian visa office that serves the country or region where live. You also have to pay application processing fee.
If you face a criminality, contact us to find out how we can help you obtain the status you will need to enter Canada.