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Criminal Inadmissibility

Criminal Inadmissibility

Criminal Inadmissibility 

If you have committed a crime outside Canada and if it is considered a legal offense in Canada and the country where it was committed, you can be denied entry to Canada under criminal inadmissibility. People with plans to visit or migrate to Canada are surprised when they are denied entry to the country because of criminal reasons. For many, it is the end of their Canadian dream. However, there is still hope for some. All they have to do is consult a law firm that can help them navigate the problem.

We help individuals dealing with criminal inadmissibility. We have a clear understanding of Canadian immigration law and can find a way of helping you gain admission to Canada.

Before that, let’s find out the reasons that may make you criminally inadmissible to Canada.

Why Individuals May Be Denied Admission

You can be sent back from the Canadian border by the Canadian Border Service Agency (CBSA) and the Immigration Refugees and Citizenship Canada (IRCC) if:

  • You committed a crime and were convicted in a foreign country, which the laws of Canada also accept as a criminal offense. The crime must be an ‘indictable offense.’ In Canada, that refers to a serious crime–similar to a felony in the United States. The crime must be an ‘indictable offense.’
  • If you have been booked for two non-indictable offenses in another country. Non-indictable offense refers to a crime of a less serious nature – similar to misdemeanors in the U.S.

According to Canadian Law, a conviction is not needed for inadmissibility. You can be questioned by the CBSA even if you have a charge against you.

Other Reasons For Denied Admission

Applicants for permanent residency in Canada and temporary residents can also be denied admission because:

  • Convicted of an offense in Canada
  • Convicted of an offense outside of Canada, which is considered a crime in both countries
  • Convicted in another country for a crime that’s punishable in Canada too

For determining the criminal inadmissibility of an individual, acts and laws of foreign nations are compared to the laws of Canada.

However, it is not the end of the road for those found to be criminally inadmissible. They can explore a few short-term and long-term options. These are offered by the Temporary Resident Permit (TRP), and Criminal Rehabilitation applications to those stopped at the border for legal reasons.

The steps an affected individual must take to overcome inadmissibility will depend on:

  • The time elapsed since completion of sentence
  • Classification of the offense

 

The classification of the offense will also determine the processing fee to be paid with the application. The possible sanctions which can be used concurrently to punish an individual may include fines, suspension of license, probation, deportation, and time in jail.

Three Ways of Managing Criminal Inadmissibility Problem

There are three ways of overcoming the problem of criminal inadmissibility.

  • To submit a Temporary Resident Permit (TRP) application
  • To give a Criminal Rehabilitation letter
  • Provide a Legal Opinion Letter

The Temporary Resident Permit (TRP) 

TRP offers temporary access to those with problems gaining admission to Canada. This application is allowed only for necessary travel for a maximum of three years. This duration can be extended from within the country.

Criminal Rehabilitation Application 

This application can be made only by those who can get a permanent clearance from past criminal history. Such applicants need not apply for TRP. Criminal Rehabilitation is a one-time solution. It need not be renewed, unlike the TRP. There are two types of Criminal Rehabilitation – Individual and Deemed.

The Legal Opinion Letter 

The Legal Opinion Letter is written to judicial authorities hearing their case by the individual found inadmissible to Canada. A local immigration lawyer drafts it. The individual is informed about the consequences of the criminal act under the Canadian Immigration Law.

If you are an affected individual, prevented from entering Canada because of a criminal charge, or a previous conviction in another country? we can help. Call us now for a quick consultation. As one of the leading registered immigration consultants in Canada, we have helped many immigrants find quick and lasting solutions for their criminal inadmissibility problem.

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