Criminal Inadmissibility

Foreign workers applying for temporary or permanent residence in Canada may be deemed criminally inadmissible to Canada if they have committed or been convicted of a crime, regardless of its severity. If not properly addressed, criminal inadmissibility can create significant barriers that prevent individuals from entering Canada to work, visit, or relocate.

At Zohil-Morton Law, we provide tailored legal solutions for individuals facing criminal inadmissibility, guiding them through the immigration process and helping them overcome challenges with confidence.

Reasons for Criminal Inadmissibility

Under Canada’s immigration law, criminal history is evaluated based on the equivalency of foreign offences to Canadian law. Any kind of criminal record, whether involving minor charges or serious convictions, can result in criminal inadmissibility and prevent an individual from being granted entry into Canada.

Overcoming Criminal Inadmissibility

Depending on the nature of the crime, how long ago it occurred, and an individual’s behaviour since then, they may be able to overcome criminal inadmissibility and gain entry into Canada through legal avenues, such as:

  1. Temporary Resident Permit (TRP);
  2. Deemed Rehabilitation;
  3. Individual Rehabilitation; or,
  4. Record Suspension or Discharge.

Temporary Resident Permit (TRP)

A Temporary Resident Permit (TRP) allows an individual to enter or stay in Canada if:

  • Less than 5 years have passed since the end of their sentence; or,
  • If there is a valid and legitimate reason to travel to Canada.

An immigration or border services officer will assess whether the individual’s need to enter Canada outweighs any potential risks to Canadian society.

Deemed Rehabilitation

Under Canada’s immigration law, deemed rehabilitation occurs when enough time has passed since a conviction, allowing an individual to enter Canada. An individual may be deemed rehabilitated based on:

  • The nature, circumstances, and seriousness of the crime;
  • The length of time that has passed since completing the imposed sentence;
    • 10 years for one indictable offence; or,
    • 5 years for two or more summary convictions;
  • Whether the individual has committed more than one crime; and,
  • If the crime would be punishable in Canada by a maximum prison term of less than 10 years.

Individual Rehabilitation

Individuals with past convictions may apply for individual rehabilitation, which removes the grounds of criminal inadmissibility and demonstrates that they have been rehabilitated and are unlikely to engage in further criminal activity. An individual may be eligible to apply for rehabilitation if at least 5 years have passed since:

  • The completion of their criminal sentence; and,
  • The date of the offence that made them inadmissible into Canada.

To be deemed rehabilitated, the individual must not have committed or been convicted of any other indictable offence.

Record Suspension or Discharge

An individual who has been convicted of a crime in Canada or in a foreign country and who has completed their sentence may be eligible to apply for a record suspension if they:

  • Were convicted of an offence in Canada under a federal act or regulation as an adult; and/or,
  • Were convicted of a crime in another country and were transferred to Canada while serving the sentence under the Transfer of Offenders Act or International Transfer of Offenders Act.

Legal Assistance for Criminal Inadmissibility

Overcoming criminal inadmissibility is a complex process that requires strategic legal expertise, careful preparation, and a deep understanding of Canada’s immigration laws. At Zohil-Morton Law, we are committed to guiding individuals through the intricacies of criminal inadmissibility, ensuring they are fully informed about the options available to them and the potential pathways for overcoming criminal inadmissibility.

Navigate Canadian Immigration Law With Confidence

If you are seeking professional advice on Canadian immigration matters, we are here to offer professional guidance and trusted, personalized support. With expertise in Canadian Immigration Law, we provide tailored legal services to ensure your immigration process is seamless and stress-free. Contact us today to schedule a consultation and take the first step toward your Canadian immigration journey.