Canada welcomes millions of immigrants, tourists, students, & international workers/ professionals annually. However, before arriving in Canada, it is vital to know that a past criminal record can make you inadmissible. Suppose you have been convicted of a crime in the past. In that case, your admissibility to the nation is calculated depending upon the equivalency of foreign criminal offense into the law of Canada.  If your crime was considered less severe, you might be admissible & not need any additional documentation or permission to enter the country. However, if you are/ were indicted, it could be considered a serious crime & you will likely be inadmissible in Canada. Further, if you have two non-indictable offenses, then it can render you inadmissible. 

These common kinds of convictions lead to inadmissibility to Canada: 

  • Fraus
  • Assault
  • Impaired driving
  • Reckless driving
  • Drug offenses 

How To Overcome Inadmissibility To Canada? 

If you are inadmissible to the nation, there are certain ways in which you can overcome it.

  • Temporary Resident Permit Application

A TRP, i.e., Temporary Resident Permit application, gives you legal entry to Canada for a specific time period. It is not subjected to a certain time frame & is valid for up to three years. Well, it depends upon the reason for your entry. 

In addition, if you need an extension, you can also apply from within Canada. 

Well, you must apply for TRP if you: 

  • Have been convicted outside of Canada of a crime. If the same crime had been committed in Canada, it would have been equivalent to an indictable offense.
  • Are convicted of more than two crimes that, if committed in Canada, would be equal to two summary offenses.  
  • Have been convicted outside Canada of a crime equivalent to a hybrid offense punishable by a sentence of fewer than ten years. A hybrid offense can be prosecuted in Canada either by indictment or summary process. 

  • Submit A Criminal Rehabilitation Application 

The second alternative is submitting a criminal rehabilitation application to overcome inadmissibility to Canada. 

If you prefer permanent clearance of the past offense, you can apply for Criminal Rehabilitation. For this, you only need to apply for criminal rehabilitation once & if approved, you won’t need to apply for a TRP. 

Well, in order to be eligible: 

  • You must have committed the act outside of Canada, which would constitute a crime/ offense under the Canadian Criminal Code.
  • You must have been convicted of/ admitted to committing the act.
  • Five years must have passed since the completion of the full sentence. This phase includes fines, probation, time in jail, etc.

Types Of Criminal Rehabilitation 

Two kinds of criminal rehabilitation can resolve inadmissibility to Canada. 

Individual rehabilitation is the most common, specifically when five years have passed since the completion of the sentence for a less serious offense before applying. Moreover, you must be able to demonstrate/ exhibit that you have been rehabilitated & are no longer a risk for criminal activity. 

Well, you can prove this by showing off a stable lifestyle, social & vocational skills, community ties, etc. 

On the contrary, deemed rehabilitation is better for individuals who have been convicted of an indictable crime/ offense punishable by a sentence of fewer than ten years & they meet the forthcoming requirements: 

  • Ten years have passed since the execution/ completion of their prison term sentence.
  • They haven’t been convicted of indictable offense/ summary offense in Canada in the last ten years or more than one summary conviction in the ten years before.
  • They haven’t been convicted outside Canada of an offense/ crime in the last ten years, which, if committed, would constitute an indictable offense in Canada.

Both these kinds of applications can take up to 6-12 months to process & cost between $200 – $1000. Thus, it is beneficial to plan as far in advance as possible. 

Legal Opinion Letter 

When applying for a TRP/ criminal rehabilitation, it can be helpful to submit a Legal Opinion Letter addressed to the government of Canada to assess your admissibility to Canada.    

The letter is written by an immigration lawyer who explains how the crime equates to Canadian Law & how it can impact immigration law. This information can help the officer decide how to respond to the charges & how different outcomes, like conviction or sentencing, would affect your ability to enter Canada.