Criminal Inadmissibility
Are you criminally inadmissible to enter or remain in Canada?
Foreign nationals or permanent residents could be found inadmissible to enter Canada on criminal grounds.
If you have committed an offence outside Canada that would constitute an offence in Canada, you will be found inadmissible to enter or remain in Canada.
If you are a foreign national and have been found inadmissible on serious criminality, you could be issued a removal order.
Please note that you will not be found criminally inadmissible if the charges against you were withdrawn or dismissed, you were granted a pardon, you were given an absolute discharge or conditional discharge.
Did you know a permanent residence could be issued a deportation order for committing a crime?
Foreign nationals and permanent residents could both be inadmissible to enter or remain in Canada if they have committed or have been convicted of a crime inside or outside Canada.
Who can apply for a record suspension?
If you have been convicted of an offence committed inside Canada, you can apply for a record suspension to overcome your inadmissibility.
A record suspension application is submitted to the Parole Board of Canada.
Who can apply for criminal rehabilitation?
If more than five years have passed since you completed your sentence or probation, you can apply for criminal rehabilitation.
Criminal rehabilitation is used for convictions and crimes committed outside Canada.
When will you be deemed rehabilitated?
You may be deemed rehabilitated if the crime you committed would be punishable in Canada by a maximum prison term of 10 years or less.
Crimes committed inside Canada cannot be considered deemed rehabilitated.
If you have committed a crime or convicted of an offence outside Canada which is considered a summary conviction in Canada, you may be deemed rehabilitated after five years from the date the sentence was completed. However, if you were convicted of an indictable offence, ten years must pass to be deemed rehabilitated.
Note: convictions and crimes committed outside Canada punishable with more than 10 years of imprisonment in Canada, would never be deemed rehabilitated.
What are the estimated costs to remove criminal inadmissibility?
To apply for criminal rehabilitation, there is a $200.00 processing fee which needs to be paid upon submission of the application. However, depending on the seriousness of your offence, you may be required to pay an additional $800.00 fee.
Facing criminal inadmissibility? We can help
To remove your criminal inadmissibility, extensive documentation is required such as an explanation letter, all criminal and police reports, court records, a comparison of foreign criminal laws and Canada’s relevant criminal code sections, and receipt of payments related to the offence.
Our team of experienced immigration consultants will assist you in all matters related to criminal inadmissibility.
If you are inadmissible to enter or remain in Canada, contact us today and we can discuss the options available to you.
