Crimes That Will Make You Inadmissible to Canada

If you are thinking of immigrating to Canada, there is one thing that can affect your immigration negatively, and that is a criminal conviction. Canada takes the security of its citizens very seriously. Minor offences, committed years ago, can make you inadmissible to Canada. Immigration officers assess each person’s record very carefully. Sometimes, even if the applicant has served the sentence or paid the fines, their immigration status is at risk. These crimes might include impaired driving, theft, abuse, keeping restricted weapons, and drug possession, etc. Presenting wrong information or documents can also be the reason for the inadmissibility of the candidate. These crimes can affect not just the permanent residency seekers but also the foreign workers, students, and visitors.

This blog will cover some common offences that can affect your ability to enter Canada. If you have any concerns about the offences that can affect your immigration, it is advisable to consult an immigration lawyer. By hiring a trusted immigration and legal consultant, you can easily figure out the solution. 

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Grounds for Inadmissibility to Canada

According to the immigration laws of Canada, a person may be deemed inadmissible to Canada for different grounds. These reasons apply to all immigrants regardless of their purpose of visit. These grounds are outlined in the Immigration and Refugee Protection Act (IRPA). The common categories include

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1-Criminal Inadmissibility to Canada

Criminal inadmissibility means that a person is barred from living or visiting the country. Offences which can cause criminal inadmissibility include impaired driving, theft, assault, fraud, drug possession, and some more serious crimes such as sexual abuse, organized crime of laundering or smuggling, or crimes involving violence.

• Convictions committed outside Canada are assessed under Canadian law to check if the result can be the inadmissibility.
• Convictions committed inside Canada would be punishable by a sentence of six months to 10 years, and will lead to inadmissibility.
• If the applicant is found to be involved in organized crime or human rights violations, that can also prevent entry to Canada.
• If the applicant committed a crime years ago and completed his sentence,the record can still impact the ability to enter Canada.
• A permanent resident can face deportation and loss of status in case of criminal inadmissibility.

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2-Inadmissible to Canada for Misrepresentation

Misrepresenting the facts to the immigration department of Canada can also lead to inadmissibility, typically for a period of five years. According to section 40 of immigration and refugee protection act, misrepresentation means withholding or stating wrong information. The applicant is stopped from entering, working, studying, or applying for  permanent residence in that time period.

• This can include wrong information on your passport, application forms, or other supporting documents.
• Omitting the required details or withholding important information, such as previous criminal history, etc.
• Presenting false documents, such as fake degrees or job letters.
• The consequences of misrepresentation can include the rejection of an application, a 5-year ban from entering Canada, or removal orders after you have entered the country.

3-Other Grounds for Inadmissibility

Other grounds of inadmissibility include some other crimes, such as

• Human rights violation:Applicants who have been involved in the violation of human rights.
• Security Grounds: Individuals who were involved in activities such as terrorism, sabotage, or espionage are deemed a security threat to Canada’s security. These individuals can face inadmissibility.
• Medical Grounds: A person can be declared inadmissible if their health condition is a threat to public health.
• Financial Grounds: A person failing to demonstrate enough funds to support himself or his dependents during their stay in Canada can face inadmissibility.
• Past records of Violation: If an applicant has a past record of violating the immigration rules, such as overstaying or failing to stay compliant with immigration rules, he can be deemed inadmissible to Canada.

How to Find Out If You Are Inadmissible to Canada

Canada has strict immigration rules and laws. Being inadmissible means you are not allowed to enter the country. To determine your eligibility to enter the country, you have to assess your situation against the criteria for inadmissibility outlined in Canadian Immigration Law. If you are not sure about your status, here are the main ways to find out.

To understand the grounds of inadmissibility, it is important to make yourself familiar with the criteria under Canadian immigration Law. The immigration refugee protection act outlines the following grounds.

• Criminal inadmissibility.
• Misrepresentation.
• Medical inadmissibility.
• Financial inadmissibility.
• Security or human rights violations.

Check your criminal record. Even a minor offense can affect your status. Check the Canadian immigration website. It is advisable to consult an immigration lawyer.

How to Overcome Inadmissibility

Canadian immigration laws provide several legal solutions to the applicants which allow them to stay or enter the country despite inadmissibility.

Criminal Rehabilitation Canada

Rehabilitation removes the ground of criminal inadmissibility. It means that you can live a stable life and are unlikely to be involved in any criminal activity. You can apply for rehabilitation if you have

• Committed an act outside of Canada, and five (5) years have passed since the act;
• Been convicted outside of Canada, and five (5) years have passed since the end of the sentence imposed.

Here is the eligibility criteria for rehabilitation.

Rehabilitation Eligibility

• Outside Canada — indictable offence (<10 yrs max)
  • Deemed: 10 years after the sentence is complete.
  • Apply: 5 years after the sentence is complete.
• Outside Canada — indictable offence (<10 yrs max, no conviction):
  • Deemed: 10 years after the offence was committed.
  • Apply: 5 years after the offence was committed
• Outside Canada — offence (≥10 yrs max):
  • Deemed: Not possible
  • Apply: 5 years after the sentence is complete or the offence is committed.
• Outside Canada — 2+ summary offences:
  • Deemed: 5 years after all sentences are complete.
  • Apply: Not possible

Temporary Resident Permit (TRP)

If you are inadmissible to Canada but have a valid reason to travel, you can apply for TRP. According to the TRP (temporary resident permit), you can stay in Canada for a specific period of time. This decision is made at the discretion of an immigration officer, who weighs the danger and risk of entering Canada.

• A TRP is issued for a limited period, and the applicant must show valid reasons for visiting Canada.
• The immigration officers assess each application individually, considering the reasons of inadmissibility and the reasons for the visit.
• Applicants have to present a well-documented and strong application showing that their purpose of visit outweighs the security and other risks.

You can apply for TRP through the IRCC website.

Inadmissible to Canada Permanent Resident Cases

• If permanent residents are found inadmissible, they can appeal to the IAD (immigration appeal decision).
• They can request a review by a federal court if they think the decision was wrong.
• They can apply for a pardon or record suspension. This may remove the inadmissibility grounds.

Preventing Criminal Inadmissibility

The best approach to address the inadmissibility is prevention. If inadmissible to Canada you can not work, study, or visit the country. Try to avoid the offences that may lead to inadmissibility.

• Abide by the laws.
• Carefully check your criminal record before applying.
• Stay truthful while applying for immigration.
• If inadmissible, apply for rehabilitation for TRP in advance.

How Canada Shaws Can Help

At Canada Shaws, our team provides expert services to meet your needs. You can get your documents checked and individualised help from our immigration experts who support you throughout your journey. Start building your path to Canadian permanent residency with Canada Shaws. Our licensed immigration consultants provide guidance and strategies tailored to the Canadian market.

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Conclusion

Crimes or serious offences can have a lasting impact on your ability to enter, work, or stay in Canada. Whether you have committed an offence inside or outside Canada, Canadian immigration law judges it according to Canadian laws. Even the offences of a minor nature can impact your record, and you can be declared inadmissible to Canada. Prevention is the best measure. In case of an offence, staying proactive while seeking a legal solution can save you from trouble and disappointment.

For more information and legal guidance, you can book a professional immigration consultation. Book a free consultation to get our experts’ advice.