Call Us - (403)-450-8281
Overcome Inadmissibility

Overcome Inadmissibility

Overcome Inadmissibility

If you have been involved in criminal activity in the past, your efforts to enter Canada may face trouble due to the inadmissibility law. If you are deemed inadmissible to Canada, you will not be allowed to enter the country. However, not all is lost. You can still find a way of gaining admission to Canada by consulting immigration experts.

There are specific ways to overcome a finding of inadmissibility and reclaim the right to enter Canada. The first step is to determine if you are inadmissible.

Are You Inadmissible Because Of Past Criminal Activity?

Temporary residents and applicants trying for immigration and permanent residence may be criminally inadmissible if the applicant:

  • Was convicted of an offense committed in Canada
  • Was convicted of an offense committed outside of Canada, and that offense is considered a crime in Canada
  • Had committed a criminal act outside of Canada, considered a crime in the country where it occurred and is a crime under Canadian law.

The Canadian immigration authorities compare foreign law convictions to similar Canadian law to determine inadmissibility. These crimes are viewed as if they were committed in Canada.

Are You Charged, Discharged, Or Pardoned?

If charges were withdrawn or dismissed:

  • You would face inadmissibility if the offense was committed in Canada
  • You might be admissible if the offense occurred outside Canada

For an absolute or conditional discharge:

  • You are inadmissible if the offense was committed in Canada
  • You might be inadmissible if the offense occurred outside Canada

For pardon granted:

You are inadmissible if the offense occurred in Canada and you received a pardon under Canada’s Criminal Records Act.

You might be inadmissible if the offense occurred outside Canada.

You must provide the concerned officer with details of all the charges, including court dispositions, convictions, and pardons. You must also provide copies of foreign laws as applicable to your case. This will allow the officer to decide the case and determine if you are inadmissible to Canada.

Overcoming Criminal Inadmissibility

If you were convicted of a criminal offense or committed a crime outside Canada, you might overcome criminal inadmissibility by applying for rehabilitation or deemed to have been rehabilitated if you had completed the sentence at least ten years ago. Also, the same crime is punishable in Canada by a maximum of less than ten years.

If such a crime would result in summarily prosecution if committed in Canada, and if you were committed of two or more such offenses, the rehab period is for a minimum of five years after serving a sentence.

If The Offense or Conviction Happened In Canada

If you have a criminal conviction in Canada, you must apply to the Parole Board of Canada (PBC) for a record suspension before you are allowed admission in Canada. To qualify for a record suspension under the Criminal Record Act of Canada, there must be a time gap after the sentence (a fine, probation, or prison time) is imposed.

If you have been convicted or committed offenses in Canada as well outside the country, and approval of retribution and a pardon are mandatory to solve the inadmissibility issue.

Rehabilitation:

Rehabilitation clears the path for admission by removing the grounds of inadmissibility. It also points to a stable lifestyle and a life devoid of criminal activity. You can apply for rehabilitation only if five years have passed since your offense was committed, or you were convicted outside Canada.

Eligibility for Rehabilitation

If you are convicted of an offense committed outside Canada, which if committed in Canada attracts a maximum prison term of less than ten years

  • You are deemed rehabilitated after completing ten years of the sentence imposed.
  • You are eligible to apply for rehabilitation five years after completing the sentence imposed.

If you committed an offense outside Canada which would attract a maximum term of imprisonment of less than ten years if committed in Canada:

  • You are deemed rehabilitated after completion of 10 years of the sentence imposed
  • You are eligible to apply for rehabilitation after you have completed five years of the imposed sentence.

If you were convicted of an offense or you committed outside Canada that attracts a prison term of ten years or more if committed in Canada:

  • You are not deemed rehabilitated
  • You are eligible to apply for rehabilitation after completion of five years of the sentence

If you were convicted for two or more offenses outside Canada that would amount to summary conviction offenses if committed in Canada:

  • You will be deemed rehabilitated after five years of the sentences being imposed and served

Application Process:

The following documents must be filled in completely and submitted

  • Document checklist
  • Application for Criminal Rehabilitation
  • Using a Representative (Only if applicable)

Do not provide any wrong or misleading information, and make sure the form is filled accurately and is complete in all respects.

About the Representative

You might need the services of a representative who can provide advice and guidance or whom you can consult at various stages of the application process. The representative has your permission to act on your behalf while meeting the Immigration, Refugees and Citizenship Canada (IRCC) and the Canada Border Services Agency (CBSA). As mentioned above, this is an optional step. You can make an application even without hiring a representative.

After Submitting the Application:

An officer will review the application and the supporting documents. The appropriate positive or negative recommendations will be mentioned on the form and sent to the authority. They approve or refuse applications for rehabilitation based on several factors.

The local office manager is the decision-making authority if the offense is less serious. For serious offenses, IRCC makes the final decision.

The following key factors are considered when your application is reviewed:

  • Number of offenses and their seriousness
  • Your conduct after the offense is committed
  • Your explanation and the reasons why you are unlikely to commit the offenses again
  • Community support
  • Current circumstances

The recommendations of the immigration officer do not influence the decisions of the authority. They go by their view of the developments.

An approval to overcome criminal inadmissibility is just one aspect of deciding whether you can enter and remain in Canada. You must meet the requirements that apply to any applicant seeking Canadian residency.

You can help speed up the application review process by providing all the documents required, paying the application and biometric fees, and sharing accurate and updated contact details.

ASI Immigration is a trusted name in the field of immigration consultancy in Canada. We have many years of experience providing quality services and the most appropriate solutions to our clients in overseas migration. If you face any problems in overcoming inadmissibility, we can help. Contact us now with all the relevant details to get a custom solution for your problems.

    Get started

    Contact us to get started and we can help you with all types of immigration-related matters.

    Recent Posts

    December 26, 2023

    Navigating Canada’s Spousal Sponsorship

    Embarking on the journey of spousal sponsorship in Canada is a significant step towards uniting with your loved one. This comprehensive guide aims to provide an in-depth understanding of the eligibility criteria, processes, and nuances involved in bringing your spouse to the beautiful landscapes of Canada. Eligibility Criteria Unveiled The foundation of a successful spousal […]

    Learn More
    December 18, 2023

    Can You Have More Than One Express Entry Profile?

    Embarking on the journey to Canadian permanent residency as a skilled worker starts with completing an Express Entry profile. However, a common question arises: Can you have more than one Express Entry profile? The answer, according to the Government of Canada’s immigration law, is a firm no. Each applicant is allowed only one active Express […]

    Learn More
    December 4, 2023

    Your Brief Guide to the Canada Express Entry

    Embarking on a journey to make Canada your home is an exciting yet complex process. The Express Entry system has emerged as a pivotal pathway for skilled immigrants, offering a streamlined approach to permanent residence. In this guide, we unravel the nuances of Canada’s Express Entry, providing you with a roadmap to navigate this dynamic […]

    Learn More
    November 27, 2023

    Top 10 FAQs About the Canadian Work Permit

    Securing a work permit to toil on Canadian soil is a pathway embraced by many foreign nationals seeking opportunities in the Great White North. However, the journey through Canada’s work permit intricacies can feel akin to navigating a labyrinth. Fear not; we’ve compiled the top 10 frequently asked questions about Canada’s work permit process to […]

    Learn More
    November 15, 2023

    How to recognize a Trusted DLI for Your Canadian Study Journey

    In a startling turn of events, Northern College in Timmins, Ontario, retracted admission offers for 504 international students merely weeks before the commencement of classes. This unforeseen decision left students grappling with frustration, confusion, and financial setbacks. According to Northern College President Audrey Penner, the abrupt surge in visa approvals exceeded their expectations, resulting in […]

    Learn More
    November 1, 2023

    Canada’s Work Permit Pathways for Dependent Children of age

    Canada has recently unveiled a groundbreaking policy designed to alleviate chronic labor shortages and foster family integration within its communities. This initiative allows dependent children of temporary foreign workers (TFWs) to qualify for work permits, expanding opportunities for families to stay together. Under the updated policy, specific criteria determine the eligibility of family members for […]

    Learn More

    Testimonials

    Take a look at how our clients appreciate what we do.

    Need A Consultation?

    Book an appointment with ASI immigration experts

    Book an Appointment