Criminal Inadmissibility Lawyers
When individuals are deemed inadmissible to Canada, it may be for many reasons. In some cases, individuals who have prior or current criminal records may not be allowed to enter the country on grounds of criminal inadmissibility. The Immigration and Refugee Protection Act (IRPA) stipulates that criminal inadmissibility can affect both foreign nationals and permanent residents, and can apply to various types of crimes.
Criminal inadmissibility may prevent foreign nationals from entering Canada or temporary residents, such as travellers, workers, and students, from obtaining permanent residency once they have arrived. For this reason, it is important to understand your rights and obligations when you are found criminally inadmissible so you can take the right steps to address the situation.
If you have been found criminally inadmissible to Canada, or you are worried about a prior offence affecting your application, you should speak to a lawyer as soon as possible. At Border Solutions Law Group, our Vancouver immigration lawyers can discuss any criminal concerns you have and propose solutions for overcoming potential inadmissibility. To discuss your legal options, schedule a consultation with our team today.
What is Criminal Inadmissibility?
Criminal inadmissibility occurs when an individual is denied entry into or removed from Canada due to a criminal conviction or commission of an offence. It can apply to foreign nationals and permanent residents. It is normally found when you have:
- Been convicted of a crime in Canada
- Been convicted of a crime outside Canada that is also considered an offence in Canada
- Committed a crime outside Canada that is an offence in both the country where it occurred and under Canadian law (even without a definite conviction)
The “committed a crime” provision in the IRPA is meant to act as a catch-all. It covers cases where individuals were not convicted due to technicalities, but strong evidence exists to suggest that they did indeed commit a criminal offence at some point. This means that even if someone is able to avoid conviction, the Canadian government may still find them criminally inadmissible.
Canada Border Services Agency (CBSA) officers have the right to deny you entry based on past or suspected criminal activity, regardless of whether the crime occurred in Canada or abroad. If you are deemed inadmissible on criminal grounds you cannot enter Canada until you take appropriate legal steps to overcome your inadmissibility.
Common Crimes That Can Result in Criminal Inadmissibility
Many types of criminal activity may result in an individual being deemed criminally inadmissible. This is mainly because the inadmissibility applies regardless of whether you were convicted of the crime.
Although it is not always impossible to enter Canada when you have committed a prior crime, common offences that might result in criminal inadmissibility include:
- Impaired Driving Offences: Including DUI, DWI, OUI, OWI, DWAI, DUID, OVI, and more.
- Violent Crimes: Including assault, domestic violence, stalking, harassment, uttering threats, and more.
- Drug-Related Crimes: Such as drug trafficking, possession for sale or transportation, drug manufacturing, and more.
- Property and Financial Crimes: Like burglary, robbery, theft, embezzlement, money laundering, fraud, identity theft, and more.
- Sexual Offences: Including sexual assault, sexual battery, indecent exposure, solicitation, and more.
Serious Criminality vs. General Criminality
When you are deemed criminally inadmissible under the IRPA, it may be for general criminality or serious criminality. General criminality encompasses all lesser charges in Canada, and generally only affects foreign nationals. If you apply for criminal rehabilitation or a temporary resident permit (TRP) under general criminality, you may need to pay a fee of up to $200 CAD (subject to change). You may be found inadmissible due to general criminality when you have:
- Any convictions in Canada that are punishable through indictment or two summary charges
- Any convictions outside of Canada that, if committed in Canada, would be punishable through indictment or two summary charges
- Committed any act either inside or outside of Canada that would constitute an indictable offence.
By contrast, both permanent residents and foreign nationals can be found criminally inadmissible due to serious criminality. It is important to note that serious criminality can affect your permanent resident status in Canada, even if you have already received it. Serious criminality is determined when an individual has:
- Been convicted in Canada with a maximum sentence of 10+ years or actual imprisonment of 6 months or more
- Been convicted for a crime outside Canada that, if committed in Canada, would result in 10+ years imprisonment
- Committed an offence outside Canada that is also a crime in Canada that is normally punishable by 10+ years in prison
Application for rehabilitation or TRPs under serious criminality can cost up to $1,000 CAD (subject to change). If you are a permanent resident and are convicted of serious criminality, you can have your PR status revoked and be deported back to your country of citizenship or origin.
Consequences of Criminal Inadmissibility
If you are deemed criminally inadmissible to Canada, it can affect your status in the country in multiple ways. You may experience:
- Denial of Entry at the Border: The CBSA has the right to refuse your entry to Canada, even if you were allowed into the country during prior visits.
- Impact on Immigration Applications: If you have applied for a work permit, study permit, permanent residency, or citizenship, it may be denied due to criminal inadmissibility.
- Deportation for Permanent Residents: If you are deemed criminally inadmissible due to serious criminality as a permanent resident in Canada, you may lose your PR status and be removed from the country.
- Restrictions on Re-Entry: Once you are found criminally inadmissible, if you do not take legal steps to address it, you may face future travel bans to Canada or restrictions on your eligibility for visas.
Overcoming Criminal Inadmissibility
Although a criminal inadmissibility finding can be serious, there are several avenues available to help individuals overcome it. In general, these solutions may be utilized by foreign nationals wishing to enter Canada or apply for permanent residence. You may have to pursue alternative options if you are already a permanent resident in Canada when you are deemed criminally inadmissible.
If you have been deemed criminally inadmissible, you may consider pursuing:
1. Criminal Rehabilitation
Criminal rehabilitation is a permanent solution to criminal inadmissibility. It is a formal application you submit through Immigration, Refugees and Citizenship Canada (IRCC) to request that your inadmissibility be permanently removed.
To be eligible for criminal rehabilitation, at least 5 years must have passed since you completed the terms of your sentence. This includes:
- Prison terms
- Probation
- Fines
- And any other relevant conditions
When you apply for criminal rehabilitation, you will need to submit documents including court records, RCMP background checks, proof of rehabilitation, and more. Immigration authorities in Canada will determine whether you pose a future risk to the country before they make a final decision.
2. Deemed Rehabilitation
In certain cases, deemed rehabilitation will automatically apply to individuals who have been previously found criminally inadmissible. To qualify, 10 years must have passed since you completed your criminal sentence for a single, non-serious (general) offence.
It is important to note that border officers and other immigration officials still have discretion when determining your admissibility. This power applies regardless of whether 10 years have passed and you technically meet the conditions of deemed rehabilitation. If you are worried about crossing the border in these cases, an official legal opinion letter from your lawyer can help you prove your deemed rehabilitation status.
3. Temporary Resident Permit (TRP)
Temporary resident permits (TRPs) allow temporary entry to individuals despite having been deemed criminally inadmissible. To qualify for a TRP, you must have a compelling reason to enter Canada that you can demonstrate effectively. This might include work, family, humanitarian, or emergency situations.
You will need to apply for a TRP through IRCC. The length they are issued for is normally equal to the amount of time you need to conduct your affairs. For example, one week to attend a business conference. A TRP will not be valid once you leave Canada unless you get a new permit before your current one expires, or apply for a multiple entry TRP.
Unlike criminal rehabilitation, TRPs do not remove inadmissibility permanently. Once your TRP expires, you will continue to face the regular consequences of a criminal inadmissibility finding. To learn whether you qualify for criminal or deemed rehabilitation, you should speak to an experienced immigration lawyer.
How Can Our Vancouver Immigration Lawyers Help?
At Border Solutions Law Group, our immigration team is passionate about helping individuals live fulfilling lives in Canada. Whether you wish to come to the country for the first time or you are continuing your immigration journey as a permanent resident, we can help you navigate criminal inadmissibility when it happens.
When you work with our Vancouver immigration lawyers, we will:
- Navigate Canadian & Foreign Laws: When it comes to crimes committed outside of Canada, determining how a foreign offence will equivalate to Canadian offences requires legal experience. Our lawyers can translate any prior offences you have into Canadian law to determine the severity of your inadmissibility and the options available to you.
- Application Support: Our lawyers will help you gather:
- Court documents
- RCMP record checks
- Letters of rehabilitation
- Other proof of good conduct
To help you overcome your criminal inadmissibility finding. Whether you are seeking a TRP for a short trip to Canada or you would like to permanently overcome your inadmissibility, we can help.
- Legal Opinion Letters: Our lawyers can provide you with opinion letters that confirm you are deemed rehabilitated. This can be helpful when you are crossing the Canadian border and provide you with greater peace of mind.
- And More
Have You Been Deemed Criminally Inadmissible to Canada? Our Vancouver Immigration Lawyers Can Help
Facing criminal inadmissibility in Canada is stressful. At Border Solutions Law Group, we believe your past offences should not define your future. Whether you require a TRP for an emergency visit to Canada or you would like to continue on your immigration journey without barriers, we’re ready to help. To get started today, book a consultation with our Vancouver immigration lawyers. You can call our Vancouver office toll-free at 877-341-6761 or fill out our online contact form now.