If you have a criminal past, you might not be allowed to enter Canada. The only people who are guaranteed entry into Canada are citizens. Criminal convictions may render non-citizens inadmissible, resulting in denial of a visa or electronic travel authorization (eTA), rejection at the border, or possibly expulsion from Canada. It’s critical to take care of any potential inadmissibility concerns if you have a criminal record before organizing your vacation.
Understanding Criminal Inadmissibility to Canada
The incapacity of an individual to enter or stay in Canada as a result of a crime they have committed or been found guilty of, whether that crime was done inside or outside the nation, is known as criminal inadmissibility.
The following are some of the elements that Canadian authorities consider when determining criminal inadmissibility:
- The severity of the offence
- The sentence given
- The time since the offence or the completion of the sentence
What factors determine the seriousness of an offence?
Crimes are classified by Canadian authorities as either “criminality” or “serious criminality” for immigration purposes. When determining criminal inadmissibility, both categories are handled differently.
You must compare any international offenses to their corresponding Canadian offenses as specified by federal laws (acts of Parliament) in order to assess the seriousness of your offence(s).
The Criminal Code of Canada, which lists three categories of offences—summary, indictable, and hybrid—should be consulted in most situations.
Hybrid offences
For the purpose of determining criminal inadmissibility, Canadian immigration authorities treat hybrid offenses the same as indictable offenses, despite the fact that they are handled differently in the criminal justice system. This implies that when immigration officials are deciding whether to deny you entry into Canada, they will classify your foreign offense as indictable if it is similar to a hybrid offence under Canadian law. Your ability to enter or remain in the nation may be significantly impacted by the way hybrid offenses are handled.
Indictable offences
Comparable to felonies in other nations, indictable offenses are regarded as more serious in Canada than summary offenses. Criminal offenses that are subject to an indictment include violent assault, drug trafficking, and robbery.
For immigration reasons, however, not all offenses that are punishable by indictment are categorized as “serious criminality.” The maximum sentence linked to that offense under Canadian law is evaluated by immigration authorities in order to distinguish between ordinary “criminality” and “serious criminality.” In particular, an offence that results in “serious criminality” is defined as any offense that, if committed in Canada, carries a maximum jail sentence of 10 years or more.
Summary offences
Summary offenses are treated as infractions in Canada, just like misdemeanors are elsewhere. Generally speaking, they entail less severe punishments and quicker court proceedings. Summary offenses include things like loitering, indecent exposure, and causing a nuisance.
You can still be allowed entry into Canada even if you have only ever committed one offense that qualifies as a summary offense in accordance with Canadian law.
Understanding Criminal Inadmissibility – Who Cannot Enter Canada?
Due to criminal activity, a foreign citizen is considered ineligible to Canada if they have:
- Been found guilty in Canada of a crime for which an indictment is possible pursuant to a parliamentary act.
- Been found guilty outside of Canada of a crime that, in Canada, a Parliamentary Act would have made an indictable offence.
- Committed a conduct outside of Canada that is illegal in the place where it happened and that, if it were committed in Canada, would be punishable by an indictment.
It’s crucial to remember that an arrest alone may result in inadmissibility, even in cases where formal charges have not yet been brought or a decision has not yet been made. Conviction in a foreign nation is not necessary for this conclusion.
Furthermore, if you have been found guilty of two or more summary offenses unrelated to the same incident, you can also be deemed inadmissible.
Anyone who is neither a Canadian citizen nor a permanent resident is referred to as a “foreign national”.
Offences under an Act of Parliament” refers to any criminal act or breach of any federally enacted laws in Canada.
How does Canada obtain information about criminal records from abroad?
Through travel documents, the United States and Canada exchange information about criminal records. At the point of entrance, visitors from the United States to Canada must show border officials their passport and/or visa. Your criminal background may be accessed by immigration officials with the help of these documents, which may lead to further interrogation or maybe denial of entrance. When you arrive in Canada, you can be singled out and scrutinized if you have a criminal past.
Those from nations where visas are not required but have criminal records may have trouble obtaining an Electronic Travel Authorization (eTA).
Those who want to live permanently in Canada also need to supply:
- Police clearances from the nation in which they presently reside.
- Police clearances from each nation in which they have lived for at least six months after becoming eighteen.
These police certificates provide information about your criminal past to immigration officials.
When applying to work or study in Canada, temporary residents—including international workers and students—must also provide any criminal background. Certain applicants from specific countries could be required to present police certificates at the time of application, and others might be asked to provide these credentials at a later stage of the application process.
In conclusion, it is imperative that you reveal any arrests, accusations, or convictions that are on your criminal record in order to prevent facing harsh consequences for lying.
Can a permanent resident be considered criminally inadmissible?
Even if someone has been a permanent resident of Canada, they may still be ineligible for re-entry if their crimes are deemed to constitute “serious criminality.” Permanent residents can only be declared inadmissible and expelled from Canada for serious criminality, but foreign nationals may be judged inadmissible for both criminality and serious criminality.
For example, a permanent resident’s status in Canada may be jeopardized if they are found guilty of larceny exceeding $5,000 CAD or driving while intoxicated (after December 2018).
How can I determine if an offense committed outside Canada is considered a criminal offense in Canada?
You should start by comparing the foreign legal system with Canadian federal legislation, especially the Criminal Code, in order to determine if an offense committed outside of Canada is considered a criminal offense in Canada.
It could be wise to get assistance from an immigration lawyer if you lack the knowledge required to understand the laws of both the foreign nation and Canada.
Can an individual who is deemed inadmissible gain entry or immigrate to Canada?
If you want to enter or reside in Canada and have a criminal record, you need to address criminal inadmissibility first.
Here are your options:
Requesting a temporary resident permit
If your criminal record makes you ineligible for entry into Canada, you will need to apply for a temporary residence permit (TRP) in order to enter the country for a limited time.
You must provide proof of a legitimate reason for entering Canada in order to be given a TRP. It is your responsibility to demonstrate that your need to enter or stay in Canada outweighs any possible risk to Canadian society.
Though they can be awarded for a maximum of three years, temporary resident permits are normally issued for the length of your vacation to Canada. It is not a given, though, that you will receive a TRP.
Assessing eligibility for deemed rehabilitation
Even if you have a criminal history, you may be considered rehabilitated if immigration authorities determine that you no longer pose a risk to the country.
You may qualify for “deemed rehabilitation” based on several factors:
Number and Types of Offenses: Generally, you are eligible for deemed rehabilitation only if you have a single conviction on your record. Multiple convictions may disqualify you, unless they are all summary convictions.
Severity of the Offense: Deemed rehabilitation is not available for serious criminal offenses; only non-serious offenses are eligible.
Time Since Sentence Completion: You must wait 10 years after finishing your sentence (including any probation) for an indictable offense. If you only have summary convictions, you only need to wait 5 years after your last summary conviction.
No Further Criminal Activity: To qualify for deemed rehabilitation, you must not commit any additional offenses after completing your sentence.
You are immediately deemed “deemed rehabilitated” and will no longer be viewed as criminally inadmissible to Canada if you match the requirements; you do not need to apply for deemed rehabilitation. It could be a good idea to check with an immigration lawyer about your eligibility before trying to enter Canada due to the complexity of the requirements. In order to lessen the likelihood of being turned away at the border, you might also get a legal opinion letter declaring that you are considered rehabilitated.
Requesting criminal rehabilitation
No matter how much time has passed, you are ineligible for considered rehabilitation if you have several convictions for indictable offenses or are inadmissible to Canada owing to serious criminality. You have to apply for criminal rehabilitation in this case.
Only after serving your previous sentence in its entirety for at least five years may you apply for criminal rehabilitation.
Application processing for criminal rehabilitation can take more than a year, however the IRCC does not specify processing timelines. If your criminal rehabilitation application is accepted, you won’t be considered ineligible to enter Canada. If you complete criminal rehabilitation and have no more criminal behavior, it serves as a permanent waiver that lets you enter Canada.
Is it possible for someone to be inadmissible for factors other than criminal offenses?
Certainly! In addition to other reasons, you may be deemed inadmissible for:
- National security concerns
- Violations of human or international rights
- Sanctions
- Financial issues
- Medical reasons
- Misrepresentation
Misrepresentation typically leads to a five-year entry ban. Therefore, it’s crucial to maintain complete honesty in all your dealings with Canadian immigration authorities, including applications and interactions with border officials.