Criminal Inadmissibility
What is Criminal Inadmissibility?
Criminal inadmissibility refers to a situation where an individual is deemed inadmissible to Canada due to their criminal history. This can have serious consequences for individuals seeking to enter or remain in Canada, as it may result in their application for a visa, permit, or permanent residency being refused.
It's crucial to understand if you're criminally inadmissible. In Canada, not all convictions will result in criminal inadmissibility, and some offenses considered less serious in other countries may be viewed more severely in Canada. At the Law Office of Tia Sherene McCalla, we're here to assist you!
When is someone considered criminally inadmissible?
Criminal inadmissibility to Canada is determined by the Immigration and Refugee Protection Act (IRPA), which applies to both foreign nationals and permanent residents. Foreign nationals are individuals who are not Canadian citizens or permanent residents.
Under section 36 of the IRPA, individuals may face inadmissibility for criminality under the following circumstances:
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Being convicted in Canada of an offense punishable by indictment, or being convicted of two offenses not arising from a single occurrence;
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Being convicted outside of Canada of an offense that, if committed in Canada, would be punishable by indictment, or being convicted of two separate offenses outside of Canada that would be punishable by indictment if committed in Canada;
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Committing an offense outside of Canada that would be punishable by indictment in Canada; or
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Committing an offense under a federal law designated upon entry to Canada.
In addition, individuals can be deemed inadmissible for serious criminality in the following circumstances:
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Conviction in Canada of an offense under federal law with a maximum sentence of at least 10 years, or receiving a sentence exceeding 6 months.
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Conviction outside of Canada for an offense equivalent to a serious offense in Canada, punishable by a maximum term of imprisonment of at least 10 years.
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Committing an act outside of Canada that would be considered a serious offense in Canada, punishable by a maximum term of imprisonment of at least 10 years.
How to overcome inadmissibility?
Individuals who are considered criminally inadmissible to Canada may still have options to enter or stay in the country, despite their inadmissibility, either temporarily or permanently. These options include:
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Temporary Resident Permit (TRP): If less than five years have passed since completing your sentence and you have a compelling reason to enter Canada, such as for business purposes or family emergencies, you may apply for a TRP. If granted, this permit temporarily overcomes your criminal inadmissibility for a specified period.
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Deemed Rehabilitation or Individual Rehabilitation: These options are available for convictions outside Canada. Deemed Rehabilitation may apply if either five or ten years have passed since completing your sentence and you are inadmissible for criminality (not serious criminality). Individual Rehabilitation is more comprehensive, considering reform and the likelihood of re-offending. If granted, either of these options permanently overcomes your criminal inadmissibility.
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Record Suspension or Pardon: For convictions within Canada, you may apply for a Record Suspension or Pardon. The eligibility period is three, five, or ten years after completing your sentence, depending on the date of the offence. If granted, this overcomes your criminal inadmissibility permanently.
It's important to note that a 'sentence' includes various elements such as fines, imprisonment, parole, and probation.
Additionally, you can appeal to the Immigration Appeal Division of the Immigration and Refugee Board. This process involves a full hearing, including evidence collection, witness testimony, and legal submissions. The Tribunal considers factors like the seriousness of the offence, rehabilitation, ties to Canada, family and community support, and the hardship you would face if returned to your country of nationality. If your appeal is successful, it could overcome your criminal inadmissibility.
HOW CAN OUR FIRM ASSIST YOU IF YOU ARE CRIMINALLY INADMISSIBLE?
Our team at The Law Office of Tià Sherene McCalla is uniquely positioned to assist individuals facing criminal inadmissibility issues in Canada. Our firm recognizes the complexities and challenges that come with navigating both the immigration and criminal justice systems. We offer comprehensive legal services tailored to your specific situation, ensuring you receive the guidance and support needed to address your criminal inadmissibility concerns.
Our approach begins with a thorough assessment of your case, including a review of your criminal history and any relevant immigration documents. We work closely with you to understand the details of your criminal charges, convictions, and any rehabilitation efforts you have undertaken. This allows us to develop a personalized strategy to overcome your criminal inadmissibility and pursue your immigration goals.