May and Jack contacted our office just before Christmas. They were married for seven years and anxious about the steps to take to permanently move to Canada. May was born in Canada and moved to [...]
If you have committed a crime, in or outside of Canada, you might be criminal inadmissibility issue preventing you from entering Canada. A number of factors will influence the determination of criminal inadmissibility: type of conviction, the seriousness of the offence, the sentence and the time that has passed since the completion of the sentence.
If you are criminally inadmissible, you might not be able to enter Canada as a visitor, as a student or a worker. You might also be barred from applying for permanent residence under various categories.
There are however options in order to overcome criminal inadmissibility. A detailed assessment of the conviction has to be made to determine whether the foreign national is still criminally inadmissible or not. The facts related to the offense are important in order to determine the seriousness of the offence.
In some cases, an applicant may be deemed rehabilitated or can be eligible to apply for criminal rehabilitation. In other cases, where the foreign national is criminally inadmissible but has a valid reason to want to enter or remain in Canada, an application for a Temporary Resident Permit (TRP) can be submitted.
Any type of conviction can lead to criminal inadmissibility and should therefore be disclosed to immigration or to your immigration representative. For example, most DUIs do lead to criminal inadmissibility.
If applicants are eligible to apply for a TRP or for criminal rehabilitation, applicants must demonstrate that they have no other pending charges or convictions and deserve to enter or remain in Canada. Applicants who have a strong family or community support, can demonstrate remorse for the offense committed, have a stable and organized life as well as submit character reference letters, will have better chances in obtaining approvals.