Being criminally inadmissible means that you are not authorized to enter Canada based on your criminal past. Reasons to be precluded from Canada are known as inadmissibilities. If you have committed or been convicted of a crime, you are considered inadmissible as a result.
This includes minor to serious offenses and is not resigned solely to being charged and convicted. If you have committed an act that would be considered against Canadian laws, regardless of being charged, convicted or sentenced, you are still considered inadmissible to Canada.
Offenses appearing on your criminal record can range from:
- Theft;
- Assault;
- Manslaughter;
- Dangerous Driving;
- Driving while under the influence of drugs or alcohol;
- Possession of or trafficking drugs or controlled substances.
These are some of the most common reasons that you may be considered criminally inadmissible however any action that contravenes any law in Canada will make you considered inadmissible. The commission of the act, not necessarily its charge or sentence, is what an Immigration Officer will consider when determining wither or not you are inadmissible. Though sentencing does play a part in determining what your options are, an officer will always consider need versus risk. This means that they will consider your need to enter Canada versus any risk you may pose.
Overcome Inadmissibility
If you are considered inadmissible to Canada, there are options available to you. Canada takes into consideration your unique situation, and depending on your eligibility, you may qualify for any one of the categories that will allow you to overcome your inadmissibility:
- Temporary Resident Permit
- Criminal Rehabilitation
- Record Suspension
A Temporary Resident Permit is a travel document that will allow you to overcome your inadmissibility for a pre-set amount of time. This can be for a year or for a week, depending on your purpose and an officer’s discretion.
A Criminal Rehabilitation is similar to a Temporary Resident Permit in that it allows you to overcome inadmissibility however it is permanent. This means that if you successfully qualify for Criminal Rehabilitation, you will never again face any criminally related inadmissibility issues again, provided that you do not reoffend.
A Record Suspension is a basically a removal of your criminal record from typical police or criminal check searches. This does not mean your offense is deleted from all record, it means that it is kept separate and apart and can only be obtained with special authorization. Obtaining a Record Suspension is similar to a Criminal Rehabilitation application in that your criminal record will not even appear when a border official looks at your history and therefore you will not face issue when attempting to enter Canada.
nsion is a basically a removal of your criminal record from typical police or criminal check searches. This does not mean your offense is deleted from all record, it means that it is kept separate and apart and can only be obtained with special authorization. Obtaining a Record Suspension is similar to a Criminal Rehabilitation application in that your criminal record will not even appear when a border official looks at your history and therefore you will not face issue when attempting to enter Canada.