Criminal Immigration Lawyer
-
Refusals & DelaysRefusals & Delays
-
Immigration AppealsImmigration Appeals
-
InadmissibilityInadmissibility
-
Temporary ResidenceTemporary Residence
-
Permanent ResidencyPermanent Residency
-
Family SponsorshipFamily Sponsorship
Criminal Inadmissibility in Canadian Immigration
Whether you’re planning to visit, work, study, or immigrate to Canada—or remain in the country once you’re here—it’s important to understand that past criminal convictions, even those from many years ago, can affect your admissibility. Canada enforces strict immigration laws, and one of the primary reasons individuals may be denied entry or residency is due to criminal inadmissibility.
Criminal Inadmissibility Lawyer – Legal Help in Canada
Criminal inadmissibility refers to any situation where an individual is barred from entering or remaining in Canada due to past or recent criminal activity.
As per the Immigration and Refugee Protection Act (IRPA), individuals who have committed certain offences may be deemed inadmissible to Canada based on criminality, impacting their ability to visit, work, live or remain in Canada. Resolving this problem requires a deep understanding of Canadian immigration law and the specific procedures to overcome inadmissibility.
Whether the offences was minor or serious, navigating the legal complexities of criminal inadmissibility often requires the expertise of a criminal immigration lawyer who understands both immigration and criminal law.
Common Offences That May Lead to Inadmissibility
Some examples of criminal offences that may lead to inadmissibility include:
- Driving under the influence (DUI)
- Assault or domestic violence
- Theft or fraud
- Drug possession or trafficking
- Any offence that would be considered an indictable offence under Canadian law
It’s important to note that the seriousness of the offence and how it compares to Canadian law are key factors in determining inadmissibility.
Consequences of Criminal Inadmissibility
The consequences of being deemed criminally inadmissible can be severe and long-lasting, affecting various aspects of an individual’s immigration journey and personal life. The Law Office of Tià Sherene McCalla, with extensive experience in Canadian immigration law, provides comprehensive legal support to individuals facing such challenges.
Key outcomes of being criminally inadmissible include:
- Refusal of entry at the border: You can be turned away upon arrive in Canada, even if you have a valid visa or Electronic Travel Authorization (eTA).
- Denied visas or permits: Applications for visitor, work, or study visas—as well as permanent residency and citizenship—may be refused.
- Removal or Deportation: If you are already in Canada as a permanent or temporary resident, being found guilty of criminal activity may result in a removal order, which can lead to separation from your family and the loss of your livelihood in Canada.
- Loss of Immigration Status: Individuals may lose their permanent residency or become ineligible for future immigration programs, significantly disrupting long-term plans and personal investments made toward building a life in Canada.
- Ineligibility for Citizenship: Criminal inadmissibility can prevent individuals from applying for Canadian citizenship, limiting their ability to fully participate in Canadian society and access the rights and protections granted to citizens.
These consequences not only affect a person’s ability to enter or remain in Canada but can also have long-term effects on their reputation, employment prospects, and family relationships. Seeking timely legal advice is crucial to understanding your options and mitigating these potentially life-altering outcomes.
A criminal inadmissibility lawyer can help individuals navigate these challenges and identify options to mitigate the impact of such rulings.
Legal Remedies for Criminal Inadmissibility
Although criminal inadmissibility poses significant challenges, legal pathways exist to address these issues. Each option requires careful consideration and, often, the assistance of a criminal immigration lawyer to navigate effectively.
- Criminal Rehabilitation:Criminal rehabilitation offers a permanent solution for criminal inadmissibility to individuals who have completed their sentences and demonstrated sustained good behavior. To be eligible, applicants must meet the following criteria:
- A minimum of five years must have passed since the completion of all sentencing requirements, including fines, probation, or imprisonment.
- Evidence of rehabilitation, such as steady employment, community involvement, or other positive contributions to society, must be provided.
- Deemed Rehabilitation: Some individuals may be eligible for deemed rehabilitation, meaning they are no longer considered inadmissible without needing to apply formally. This may apply if:
- The offence is considered minor under Canadian law.
- At least 10 years have passed since the completion of all sentencing requirements.
- Temporary Resident Permit (TRP): A Temporary Resident Permit allows individuals who are otherwise inadmissible to enter Canada for a limited period. To be approved, the applicant must demonstrate that their visit serves a compelling purpose—such as work, family, or humanitarian reasons—and that they do not pose a risk to Canadian society.
- Record Suspension (Pardon): For individuals with offences committed in Canada, a record suspension can effectively remove their criminal record from public access, potentially reducing the impact of the offence on their inadmissibility to Canada.
- Appeals to the Immigration Appeal Division (IAD): Permanent residents can appeal their criminal inadmissibility rulings through the Immigration Appeal Division (IAD). This process requires presenting substantial evidence and strong legal arguments to support the appeal.
Criminal Inadmissibility – Guidance from a Toronto Immigration Lawyer
Dealing with criminal inadmissibility requires navigating complex legal frameworks.
A criminal immigration lawyer in Toronto can offer invaluable guidance on the intersection of immigration and criminal law. Their expertise is essential for:
- Analyzing the criminal charges or convictions and understanding their implications under Canadian immigration law.
- Identifying the most appropriate remedy based on the individual’s specific circumstances.
- Preparing and submitting thorough applications, including TRPs or rehabilitation applications.
- Representing clients in appeals or judicial reviews, ensuring their case is effectively presented when necessary.
Preventing Criminal Inadmissibility
For individuals planning to enter Canada, taking proactive measures can help avoid inadmissibility issues:
- Disclose All Information: Honesty in essential in your application and interviews. Failing to disclose or providing false information can exacerbate the situation.
- Understand Canadian Law: Take time to familiarize yourself with Canadian laws and how they differ from those of. your home country. Understanding these differences can help you navigate the process more effectively.
- Consult Legal Experts: If you have a criminal record or pending charges, it’s crucial to consult a criminal immigration lawyer before submitting your application. Legal experts can guide you on the best course of action.
Criminal Immigration Lawyer in Toronto
Addressing criminal inadmissibility requires precise legal knowledge and strategic planning. With the help of a criminal immigration lawyer in Toronto, individuals can explore pathways to overcome these challenges and achieve their immigration goals.
If criminal inadmissibility is affecting your ability to enter or remain in Canada, it’s important to act promptly. Our experienced team of criminal immigration lawyers is here to guide you through the process.
Contact us today for a consultation and take the first step toward resolving your immigration challenges.