If you are inadmissible, you may become admissible again if you: satisfy an immigration or border services officer that you meet the legal requirements to be deemed rehabilitated ; apply for individual rehabilitation and get approved; or receive a pardon or record suspension.
You may also be offered a temporary resident permit if: your reason to travel to Canada is considered justified in the circumstances; and you do not pose a risk because of your inadmissibility.
Was this answer useful? Visit the Determine your eligibility page for more information. If you drive while impaired by alcohol or drugs, including cannabis, you may be inadmissible for serious criminality. FWCanada is a Montreal-based immigration law firm that provides professional legal services on Canadian immigration.
Skip to content. You are inadmissible if you have committed: — One or more serious offence — One indictable offence and any other conviction A summary of your options based on how long ago your last offence occurred: TRP- reason for travel is considered for a TRP: — For business purposes or family emergencies: you are likely to be permitted to enter Canada — For leisure purposes: TRP for leisure activities are unlikely to be granted Rehabilitation- rehabilitation does not depend on reason for travel.
For detailed information, please refer to the in-depth assessment. How do I know if it is an offence under Canadian law? The determination often requires several considerations, including: Text analysis — comparing the wording of the two statutes i. Step 1- Type of Offence Acquittals and Non-convictions An individual is admissible to Canada if: — They have an arrest record for being charged, but never convicted of a crime; — They were acquitted of a crime; — They participated in a pre-trial intervention program; — They had a conditional discharge Pardons and expungements Foreign discharges, expungements, or pardons are not always recognized in Canada.
Deferred and suspended Adjudication Deferred adjudication and Suspended adjudication are not considered convictions for the purposes of Canadian immigration law, therefore, do not result in inadmissibility.
Suspended Imposition and deferred sentence Suspended imposition of a sentence and deferred sentences are still considered convictions, for the purposes of Canadian immigration law, and therefore, they would lead to inadmissibility and require criminal rehabilitation or a TRP in order to enter Canada.
Federal vs Provincial Provincial offences tend to be minor and regulatory. Youth offenders For those between age of 12 and They are admissible if: — They were convicted in Canada under the Youth Criminal Justice Act or the Young Offenders Act repealed , or — Treated as a young offender in a country which has special provisions for young offenders, or — Convicted in a country which does not have special provisions for young offenders, but the circumstances of the conviction are such that they would not have received an adult sentence in Canada.
For example, a person with one minor theft conviction for shoplifting may be considered deemed rehabilitated after ten years. To avoid the risk of a border refusal, however, court documents or other paperwork should be brought with you to Canada as old convictions can still raise questions at the border. Any criminal offense that involved violence, a weapon, or property damage does not qualify for Deemed Rehabilitation, and can render a person criminally inadmissible to Canada for life.
A DUI is now considered a serious crime in Canada, and any such offense can now result in an American being refused entry at the Canadian border even if it happened more than ten years ago. Want to go to Canada with a criminal record?
Contact us today! If you have any arrests or convictions on your record and need to visit Canada, call us today or fill out this form!
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