Criminal inadmissibility can result in losing your permanent residence status in Canada, being deported from Canada, or being denied entry into Canada. You can be found criminally inadmissible to Canada if you have been convicted of certain crimes or committed certain acts outside of Canada that would be considered criminal inside of Canada.
The immigration lawyers at Shory Law can help you fight against removal from Canada or fight for entry into Canada if you are inadmissible to Canada for reasons of criminality.
What Are the Options if I Am Found Inadmissible to Canada for Reasons of Criminality or Serious Criminality?
Temporary Resident Permit (TRP)
TRPs can be given to those found criminally inadmissible if there is valid reason to enter Canada. This includes short business trips or study opportunities. The officer is looking at what compelling reasons require you to enter Canada, and balance that with the possible risk you may pose to Canadian society.
If you have committed a crime outside of Canada and that crime’s maximum sentence in Canada equals less than 10 years in prison, then you can apply for deemed rehabilitation. The acceptance of your deemed rehabilitation is subject to further examining. This includes the seriousness of your crime, if you have committed multiple crimes, and if enough time has elapsed since the crime occurred.
If you are able to demonstrate that you are unlikely to commit another crime, that you are rehabilitated, and that more than 5 years have passed since the crime, you can apply for rehabilitation. This would remove the criminal inadmissibility. The acceptance of your application is subject to further examining, inclusive of the nature of your crimes, reason you are in Canada or want to return to Canada, and your remorsefulness.
Formally known as a record suspension or record discharge, you may be issued a pardon if your crime was committed in Canada. If your crime occurred and was pardoned outside of Canada, that decision may also assist in pursuit of demonstrating that you are no longer criminally inadmissible.
Humanitarian & Compassionate applications
In certain instances, if you are found to be inadmissible to Canada reasons of criminality while making an application for permanent residency in Canada, you can also request an exemption on humanitarian and compassionate grounds by virtue of section 25 of the Immigration and Refugee Protection Act.
What Are the Options if I Am Being Deported Because of Criminal Inadmissibility?
If you are being deported because you have been found criminally inadmissible, your options to challenge deportation are determined by your immigration status in Canada. If you are a temporary resident, your only option to fight for staying in Canada is pursuing a judicial review at the Federal Court of Canada of how the final decision was rendered. If you are a permanent resident, you may be able to appeal the removal order.
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What are the three types of criminal offences in Canada?
In criminal law, offences may be viewed as summary offences, indictable offences, or hybrid offences. Hybrid offences are those that can be tried both summarily or indictably. What is important to understand for immigration purposes is that hybrid offences are treated as indictable offences. That means that if you are convicted of a hybrid offence, even if tried summarily, the conviction’s indictable election will be relevant in the determination of whether or not you are inadmissible for criminality in Canada.
Can you be deported from Canada for a criminal offence?
Most of the time, you must be convicted of the crime in Canada to be at risk of deportation in Canada. The type of crime determines whether or not you will be found criminally inadmissible to Canada as well. There are times where someone under a removal order or reporting conditions can be found to be in breach of their conditions if any relating to criminal charges exist.
Can you immigrate to Canada with a criminal record?
Yes. Depending on the kind of crime, you may need to apply for rehabilitation. Other times, you may be deemed rehabilitated. You may also need to make submissions for humanitarian and compassionate relief.