Q & A for Criminality in Canada

Popular Q&As for Criminality in Canada

There are many foreign nationals around the world that find themselves as criminally inadmissible to Canada and have criminality in their home country or country of residence. If you find yourself in this position, it is best to research and understand what you can do to overcome your criminal inadmissibility. In this article, specifically, I will discuss popular questions and answers for criminality in Canada and individuals who have criminal inadmissibility. In most cases, these individuals are denied or refused entry into Canada and this can be a very unpleasant outcome for many. The best options to attempt to overcome your criminal inadmissibility to Canada are to either apply for a Temporary Resident Permit or a Criminal Rehabilitation. The intention of this article is meant to clarify any questions a foreign national may have with regards to their criminal inadmissibility and their criminality in Canada.

Q: How will an Immigration officer know that I have a criminal record or am criminally inadmissible to Canada?

A: Many foreign nationals with criminality often ask this question as it may seem that Immigration officers have the knowledge and information about their criminal record without knowing how they got this information. Many Immigration officers will ask you if you have a criminal record at the border if you are entering Canada through a Canadian border or port of entry. However, there is the chance that they may not ask at all. If they do, however, they will be able to research your criminal record on their data base. This is only the case if you are a United States citizen or green card holder. If you are a foreign national from a different country, then there may be a chance that the Immigration officer may not know that you have a criminal record. Please note, if you do have a criminal record, it is best to be honest with the Immigration officer, or else further consequences can ensue.

Q: What constitutes Criminality in Canada?

A: Criminality in Canada, which can also be referred to as criminal inadmissibility, can result from having a criminal record in any country in the world. It does not have to only be in Canada. For instance, a foreign national can be convicted of theft in their country of origin or country of residence, and, as a result, they would have criminality in Canada, or criminal inadmissibility. The most common conviction that many foreign nationals have, specifically from the United States, is driving under the influence. It is important to recognize that drunk driving has many different designations based on the state you live in. However, the severity of the offence is still recognized in the Canadian criminal system and, thus, will make a foreign national criminally inadmissible to Canada.

Q: My criminal offences happened over twenty years ago, would I still have criminality in Canada or be criminally inadmissible?

A: It is entirely possible that you may still have criminality in Canada or be criminally inadmissible to Canada if you have criminal offences from over twenty years ago. The reason for this is because it entirely depends on the offence committed and the severity of the offence. If you happened to have had a minor offence, also referred to as a summary conviction, in Canadian context, then you will most likely be deemed rehabilitated and will not face any issues with regards to your criminal inadmissibility. However, if you had a more severe offence, which can either be a hybrid offence or an indictable offence, you will most likely not be deemed rehabilitated and will have to apply for the appropriate application to attempt to overcome your criminal inadmissibility. In cases like these, it is best to apply for a Criminal Rehabilitation so that you can permanently resolve your criminal inadmissibility to Canada.

Q: If I was pardoned of my criminal offence or my criminal offence has been expunged, would I still have criminality in Canada?

A: This entirely depends on whether the pardon or expungment can be recognized in Canadian context. If your country of origin or country of residence’s legal system is similar to the Canadian legal system, then it is more than likely that your criminal offence would also be recognized as pardoned in Canada. However, this also can depend on the severity of the offence committed. In contrast, if your country of origin or country of residence’s legal system is different than the Canadian legal system, then it is more than likely that your criminal offence would not be recognized as pardoned in Canada. Thus, you would be criminally inadmissible to Canada due to your criminal offences. It is very important to find out whether your offence is pardoned in Canadian context, prior to attempting to enter or travel to Canada.

Contact Akrami & Associates

Should you have any further questions or feel unclear about your criminal inadmissibility or your criminality in Canada, it is best to talk about, ask any questions you may have and discuss your concerns to an immigration professional prior to travelling to Canada. By discussing your inadmissibility to an immigration professional, this will ease your worries and assist with the application process. Many immigration applications are difficult to pursue on your own and it is highly recommended that you seek out professional and experienced help before attempting to apply. 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 and their criminality in Canada by applying for the appropriate application for their specific circumstances, whether it be a Temporary Resident Permit or a Criminal Rehabilitation. 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!