If you are a foreign national that has committed an offence inside or outside of Canada, this can often lead to criminal inadmissibility to Canada. Criminal inadmissibility comes from having a criminal record or a criminal past. Due to the Canadian government being extremely strict with whom they allow into the country, these foreign nationals with criminal inadmissibility are refused entry into the country. There are many different offences that can lead to criminal inadmissibility. Therefore, in this article, I will explain the common offences that result in criminal inadmissibility to Canada.
As previously mentioned, there are many different types of offences that can lead to criminal inadmissibility to Canada. However, there are common offences that a large amount of foreign nationals acquire. Therefore, below, I will explain each common offence in detail to indicate how they become criminally inadmissible.
The most common offence is a DUI. A DUI is an abbreviation for driving under the influence. However, there are different abbreviations that are similar to the DUI. For instance, DWI which is driving while impaired/intoxicated; DWUI which is driving while under the influence; DWAI which is driving while ability impaired; OWI which is operating while intoxicated; OMVI which is operating a motor vehicle while intoxicated; and, OUI which is operating under the influence. Evidently, these offences all have different designations which all depend on the circumstances of the conviction and the location of where the conviction was committed. When a foreign national has a DUI or a different designation of a DUI, they will be denied entry into Canada because this offence leads to criminal inadmissibility to Canada. Please note that this is the case whether the foreign national drives through the Canadian border or arrives in Canada at a port of entry.
In most cases, many foreign nationals will prefer to receive this offence instead of a DUI or a different designation of a DUI; however, with regards to criminal inadmissibility, both a reckless driving conviction and a DUI hold the same weight. Thus, with criminal inadmissibility, a foreign national will be denied entry into Canada as a result. Reckless driving and dangerous driving are considered indictable offences and thus result in criminal inadmissibility.
A drug offence can be charged if a foreign national is in consumption, possession, purchase or distribution of drugs. If a foreign national is charged with a drug offence, unfortunately, they will be deemed criminally inadmissible to Canada. The seriousness of the offence entirely depends on the class of drug that is involved in the offence. Specifically, in the Canadian Criminal Code, drugs are categorized according to different schedules. By classifying the drugs under different schedules, it can ultimately determine the seriousness of the offence and the appropriate punishment.
An example of this would be a foreign national that is charged with possession of marijuana compared to a foreign national that is charged with possession of cocaine. These offences are seen as different offences because of the type of drug. Furthermore, the punishment for these offences will also be different. A drug offence for cocaine would be regarded as much more serious as it is a very dangerous narcotic. Therefore, as a result, the punishment for possession of cocaine would be usually much more severe compared to a drug offence for possession of marijuana. The same can be said about the criminal inadmissibility a foreign national would incur from having a drug offence. Depending on the severity of the drug offence and which drugs were involved, this can affect whether or not they would be criminally inadmissible.
Similar to drug offences, assault offences can differ depending on the severity of the assault. In almost all cases, assault involves some form of physical quarrel between individuals. An example of an assault can be a bar altercation. However, an assault can also be premeditated with an intention of causing violence. Regardless of the severity of the assault, criminal inadmissibility would be issued to any foreign national who has any form of assault on their criminal record.
The seriousness of the assault offence depends on whether the foreign national used a weapon during the assault and whether any bodily injury was incurred on the victim. If there was any bodily injury during the assault from a weapon, the assault offence would result in serious criminality. If a foreign national uses a weapon during their assault offence, the Canadian government will assess the individual as a security risk to Canadians and will more than likely deem the individual as criminally inadmissible. However, as aforementioned, regardless of the seriousness of the assault offence, the foreign national will be deemed inadmissible to Canada as a result.
It is essential that you have taken all of the aforementioned factors and information into consideration before you attempt to apply to overcome your criminal inadmissibility from having one or more of the above mentioned offences. It is also very important to determine and understand the consequences from your offence(s) before applying for any immigration application. If you are inadmissible to Canada because of any of the above mentioned offences, it is important to note that applications that overcome criminality are difficult applications to pursue on your own. It is highly recommended that you seek out professional and experienced help before attempting to submit any application. Here, at Akrami & Associates, we work and have experience with many different immigration issues. We have helped many of our clients overcome their criminal inadmissibility by applying for the appropriate application. If you believe that you may be eligible to apply, 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 advice.
With Akrami & Associates, there is always a way!
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