Criminality & Admissibility

There are different types of inadmissibility that could prevent your ability to enter Canada. Criminality is one reason for inadmissibility to Canada, and other grounds are security concerns and medical inadmissibility.

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Temporary Resident Permit

If you need to overcome inadmissibility to Canada, for a specific and temporary purpose, you will require a Temporary Resident Permit (TRP). A Temporary Resident Permit is a pass that allows someone who is otherwise inadmissible to enter Canada, but it does not erase the inadmissibility. Applications for Temporary Resident Permits require that the applicant provide a significant reason to explain why they must be in Canada despite being criminally inadmissible.

Criminal Rehabilitation

If 5 years have passed from the date upon which you completed all probationary conditions and sentences relating to your conviction, or if ten years have passed but you have multiple convictions, you must apply for criminal rehabilitation before entering Canada.

Deemed Rehabilitation

If you only have one conviction that meets certain conditions, Canada entry is possible if more than 10 years have passed since the completion of your sentence. In this case, you may not require a Temporary Resident Permit or Criminal Rehabilitation, as you may be deemed rehabilitated by the passage of time.

Legal Opinion Letter

If you have been charged with a crime but not convicted, you are not required to go through any formal process to enter Canada. However, we always recommend that a person with a charge that appears on their criminal record have the charge explained with a legal opinion letter. The purpose of this letter is to explain why under Canadian immigration law you are not criminally inadmissible to Canada. This applies to those who have been deemed rehabilitated as well.

Why hire a Canadian immigration lawyer?

Whether or not you are granted entry to Canada when you are inadmissible for criminal reasons is up to the discretion of the Canadian immigration officer who assesses your application. An experienced Canadian immigration lawyer can assist you in preparing the appropriate application and recommend strategies that will increase your chances of entering Canada successfully. Unlike other Canadian immigration processes, the government does not facilitate these applications and your interests will be best served with the assistance of a Canadian immigration lawyer.

For more information, fill out our free assessment form.

FWCanada is a Montreal-based immigration law firm that provides professional legal services on Canadian immigration. For more tips and updates on Canadian immigration follow FWCanada on FacebookTwitter, and Linkedin.