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Criminal Inadmissibility

You may still be allowed to come to Canada even if you have committed a crime, depending on the type of crime.

If you have committed or have been convicted of a crime, you may not be allowed into Canada. This can include both minor and serious crimes. You can find a list of criminal offences in the Criminal Code of Canada and the Controlled Drugs and Substances Act.

Depending on the crime, how long ago it was committed and your criminal record since, you may still be allowed to come to Canada, if you:

  1. Convince an immigration officer that you meet the legal terms to be deemed rehabilitated, or
  2. Applied for individual rehabilitation and were approved, or
  3. Were granted a record suspension, or
  4. Have a temporary resident permit
  1. Deemed Rehabilitation
  • This means that enough time has passed since you were convicted that your crime may no longer stop you from entering Canada
  • You may only be deemed rehabilitated if the crime committed has a maximum prison term of less than 10 years if it was committed in Canada
  • You may be deemed rehabilitated depending on
    • (a) the crime
    • (b) if enough time has passed since you finished serving the sentence for the crime and
    • (c) if you have committed more than one crime
  1. Individual Rehabilitation
  • You can apply for individual rehabilitation to enter Canada.
  • You must show that you meet the criteria, have been rehabilitated and be highly unlikely to take part in further crimes
  • At least 5 years must have passed since:
    • The end of your criminal sentence (this includes probation) and,
    • The day you committed the act that made you inadmissible
  • Note that these applications can take over a year to process. Make sure you plan far enough in advance
  1. Record Suspension
  • Formerly known as a pardon, a Record Suspension is typically used for those who are convicted in Canada
  • If you have received a Record Suspension or a discharge for your conviction in another country, check with the visa office that serves the country or region where you live so that they can let you know if your pardon is valid in Canada.
  1. Temporary Resident Permit
  • A Temporary Resident Permit lets you enter Canada if:
    • It has been less than 5 years since the end of your sentence or;
    • You have valid reasons to be in Canada
  • Depending on how pressing and necessary the reasons are that you need to be in Canada, you may be issued a Temporary Resident Permit if your need to enter or stay in Canada outweighs the health or safety risks to Canadian society.

Why hire AP Lawyers to represent you in the Atlantic High-Skilled Program immigration processes?Criminal Inadmissibility

Our experience and dedication will always increase your chances of success. We know what to look out for in the application process. We are thorough and we can advise you on ways to improve your chances of being selected. We have Immigration, Refugees and Citizenship Canada’s authorization to represent you in the Canada Immigration processes and we are members in good standing of a Canadian Law Society.