Criminal Inadmissibility

Criminal Inadmissibility

Refusal of application or entry into Canada by  the (replace it with an)migration Officer can be a frustrating situation, especially if the denial is because of a past criminal record. You can overcome inadmissibility even if you have a criminal history. Consideration for criminal inadmissibility depends upon determining the Canadian equivalent of the crime. Determining the seriousness of crime according to the Criminal Code of Canada would pave the way to resolve a particular case of criminal inadmissibility.

Common grounds for criminal inadmissibility

As a thumb rule, a person may face inadmissibility if an act of crime in a particular country is a felony in Canada. Following are some common grounds for denial of entry as per immigration rules (replace it with law) in Canada.

  • Record of criminal offenses
  • Misrepresentation of critical information for entering Canada
  • Violation of IRPA (Immigration and Refugee Protection Law)
  • Individuals who may be a security risk

Inadmissibility covers a broad gamut of people who wish to visit or plan to settle down permanently in Canada. Entry restrictions can also affect individuals like traders, artists, travelers, and airline staff if there is a criminal background in another country or Canada.

Crimes related to driving

Reckless driving or driving under the influence of intoxicating substances is a serious crime in Canada. It can result in inadmissibility. There are different types of driving offenses, like driving with impairment or operating a motor vehicle in an intoxicated state.

Authorities need to examine the DUI offenses by checking criminal history. The Criminal Code of Canada may perceive some crimes like misdemeanors to be severe enough to deny entry. Inadmissibility depends on the nature of equivalent crime according to the legal provisions of Canadian law. Similarly, more than one DUI crime can also affect the prospects of a temporary.

Drug Crimes

Drug crimes can lead to inadmissibility if there are multiple sanctions imposed as a punishment by the judge. The sentence may include fines, deportation, jail time, and suspension of license. In the event of over one sentence, they consider the date of the latest punishment for determining inadmissibility.

The probability of inadmissibility depends upon the nature of the drug offense and the circumstances of such crimes. The length of time after the conviction is also a vital consideration for finding inadmissibility.

Assault and other offenses

Crimes of fraud, theft and assault result in inadmissibility as these indicate serious criminality. There are several considerations of criminal assaults that aggravate the seriousness. These can include the involvement of weapons to inflict harm. A crime may be less severe if there is no use of any weapon. However, Canadian inadmissibility rules apply to both types of assaults.

The seriousness of fraud or theft is directly proportional to the amount of money, and any amount over $5000 is serious criminality. Further, the use of weapons while committing theft can add to the seriousness. Canadian authorities also lay considerable emphasis on the involvement of violence and threats while deciding inadmissibility.

Overcoming Canadian inadmissibility

There are several ways to secure entry into Canada despite a history of criminal offenses.

  • Temporary Resident Permit (TRP)- Canadian Visa officials, border agents, or immigration officers can allow a temporary permit under some circumstances. The conditions for such solutions include no criminal record for a respectable period. Usually, a clean record of ten years is necessary to become eligible for Temporary Resident Permit.
  • Rehabilitation– Criminal rehabilitation applications can be a suitable option to enter Canada by permanently clearing criminal history. It applies to individuals who may not have a ten-year crime-free period. They should convince the authorities that the person will not commit any offense by weighing several parameters. The immigration authorities should believe you want to start afresh, and there will not be any instance of a crime after entering Canada.
  • Procuring Legal Opinion Letter– It is a proactive step to avoid inadmissibility if an individual has a criminal history. The letter comprises the legal opinion of an attorney who is an expert in Canadian immigration. It aims to highlight the legal consequences from the perspective of Canadian immigration law.

It is in the interest of an individual with a criminal record to consult a Canadian Immigration attorney because of the complexities of the application processes. The lawyer uses his legal expertise to convince the authorities that the person has justifiable reasons to enter Canada and poses no risk to Canadian citizens. An expert immigration attorney is a vital legal resource to enter Canada despite a criminal record.

Thankfully, Canadian law offers several options to individuals with a criminal history to overcome criminal inadmissibility. Dev Immigration Services Inc is your dependable resource to enter Canada despite a criminal record. Explore their (replace it with our)services for a sound legal opinion regarding medical inadmissibility, Temporary Resident Permit, Misrepresentation, and so forth.


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