Dealing with your Criminal Inadmissibility
Our representative deals with many travellers who tried to enter in Canada but inadmissible to Canada due to their criminal record. If you are influence of alcohol, reckless driving, any theft offences or controlled substance offences, you are inadmissible to Canada. It doesn’t matter what the crime is consider in your country, what matters is how it classified in Canada. If you have been committed a crime either an indictable offense or a hybrid offense, you are inadmissible to Canada even if you have been convicted of indictable offense or a hybrid offense outside of Canada that consider crime in Canada.
Criminal rehabilitation is a permanent solution to overcoming your inadmissibility. To be eligible for criminal rehabilitation, there are certain requirements you must meet regarding the amount of time which has passed, based on the offenses you are inadmissible as the result of. Factors like severity of the offence, how many offences committed are all important when determining the amount of time which must pass before you will be granted the status of criminally rehabilitated and permitted to travel to Canada as you please again. These applications take approximately 18 months to process and depending on the nature of your offense; the total application processing fee will either be $200CAD (minor offenses) or $1000CAD (serious offenses).
Criminal Rehabilitation is the process of your criminal background being permanently suspended for the purpose of entering Canada. There are 2 types of Criminal Rehabilitation, each with a different set of qualifications: Deemed criminally rehabilitated and Individual rehabilitation
If you have committed a crime outside of Canada (the crime would have a maximum punishable sentence of 10 years or LESS in Canada), and it has been 10 years or less since the completion of your sentence, you qualify to be “deemed criminally rehabilitated”. It is important to note that, in order to be eligible for ‘deemed rehabilitated’ status, you cannot have reoffended, or committed or been convicted of any other indictable offence.
If you have committed a crime outside of Canada, and the crime would have a maximum punishable sentence of 10 years or MORE in Canada, you DO NOT qualify to be “deemed criminally rehabilitated”.
If you have been convicted for 2 or more crimes outside of Canada (those crimes would constitute summary conviction in Canada), and it has been at least 5 years since the completion of your sentences/ the issue date of your sentence, then you are considered “deemed rehabilitated”
How to calculate the 10-year waiting period for Criminal Rehabilitation:
- Sentence: count 10 years after the date the sentence was complete
- Imprisonment & Parole: count 10 years after the completion of the parole
- Sentence & probation: count 10 years after the completion of the probationary period
If you have committed, or been convicted of a crime outside Canada( the crime would be punishable by either sentences of 10 years or less, as well as 10 years or more), and it has been 5 years after the completion of your sentence or commission, then you are eligible to apply for individual rehabilitation.
If your crime would be punishable in Canada with a maximum sentence of 10 years or less, and it has been at least 5 years (not 10 years yet) since the completion of your sentence or your commission, applying for individual rehabilitation is the only way to be admissible to Canada.
Similarly, if you have committed or been convicted of a crime that qualifies under Canadian sentencing of 10 or more years, applying for individual rehabilitation is the only way to be admissible to Canada.
In both cases, it must be at least 5 years after the completion of your sentence or commission in order to be eligible to apply for Individual Rehabilitation.
How to calculate the 5-year waiting period for Individual Rehabilitation:
- Sentence: count 5 years after the date the sentence was complete
- Imprisonment & Parole: count 5 years after the completion of the parole
- Sentence & probation: count 5 years after the completion of the probation is complete
Can I get Criminal Rehabilitation if crimes committed outside Canada
If you committed an offence outside Canada, you may become rehabilitated in two ways, whether, you may apply for rehabilitation or you may be deemed rehabilitated. A certain amount of time must have passed since your sentence time served, probation, or a fine has been completed to apply for deemed rehabilitation. If you never deemed rehabilitated and you committed more than one indictable offence, you must apply for criminal rehabilitation. To be eligible for rehabilitation you have to prove that you lead a stable life and your conviction have not been and will not be involved in any kind of criminal activity.
You are technically in admissible to Canada, if you committed crime outside Canada but have not been caught, charged or convicted. Although, it is not possible for an immigration officer to know that you have committed these crimes and to determine that you are inadmissible unless you tell them, it is not recommended that you hide any offence. Hiding important information may be treated as misrepresentation, and it is a crime.
Temporary Resident Permit
A temporary resident permit allows you to temporarily visit Canada despite your inadmissibility. You need to have a compelling reason to come to Canada, and convince an immigration officer you will not be a threat to the security of Canadians for the duration of your visit. You must also inform an immigration officer you will leave at the end of your authorized stay in Canada. Essentially, in assessing your application for a temporary resident permit, an immigration officer will consider whether your “need” to enter Canada outweighs the “risk” you possess to Caanda and Canadians. Then, you will be issued a temporary resident permit for a specific length of time if it is “justified in the circumstances.” In your application, you will need to strongly demonstrate:
- Remorse for your previous offense(s)
- Your considerably changed moral character
- Your purpose or reason for seeking entry into Canada
- You would be considered a low risk traveller.
Contact Akrami and Associates
If you believe you may be inadmissible to Canada for any reason, you will need to prepare a strong application, as immigration officers have complete discretion as to whether or not you will be allowed to enter Canada again. Applying for a temporary resident permit or criminal rehabilitation can be extremely stressful and difficult to pursue on your own, because each application is very specific to your given circumstances. Therefore, it is highly recommended that you seek out professional and experienced help before proceeding with the application. Akrami & Associates work and have experience with many different immigration issues. We have helped many of our clients, who have inadmissibility, enter Canada. Please feel free to contact Akrami & Associates 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!