What is inadmissibility?
Generally speaking, each foreign national who wants to enter Canada must be admissible. This rule also applies to permanent residents.
This means when you are applying for immigration status, IRCC will examine your admissibility.
If you present inadmissible grounds, then you can’t enter.
Currently, the inadmissible grounds include:
Further, foreign nationals can also be found inadmissible while in Canada. As a result, they will be ordered to leave Canada. This order is called a Removal Order.
What is criminal inadmissibility?
Generally speaking, people with criminal records are inadmissible.
Further, there are three types of criminal inadmissibility:
Organized criminality,
Serious criminality, and
Criminality.
Can I overcome criminal inadmissibility?
The answer is yes. Further, if you successfully overcome it, you will be admissible to Canada.
Currently, there are two ways to overcome this issue:
If you have criminal records in Canada, you must apply for a Record Suspension. On the other hand, if your criminal records are outside Canada, you then need to apply for rehabilitation.
To clarify, the above solutions are not available for people with organized criminality or some serious criminality.
Further, they can only be used for criminal inadmissibility. If you are still inadmissible due to other grounds, you then need other solutions for them.
For example, if you are a subject of a removal order, you can appeal it. To learn more about removal order appeal, please visit our Service page.
We can also help to find the solutions.
What is a Record Suspension?
Firstly, a Record Suspension is an official document showing that people who have criminal records in Canada are now law-abiding.
Further, only the Parole Board of Canada (PBC) can issue a Record Suspension.
What is Criminal Rehabilitation?
First of all, Criminal Rehabilitation is similar to a Record Suspension. However, it is only available for people who have criminal records outside Canada.
Moreover, the authority that can process rehabilitation is IRCC.
Last but not least, there are two types of rehabilitation:
The difference between the two is that you need to apply for Individual Rehabilitation to IRCC. Whereas you are deemed rehabilitated as long as you are eligible, and you don't need to apply for it.
If you are unsure about this, we can also help you.
Am I eligible for a Record Suspension?
Generally speaking, to be eligible for a Record Suspension, you must have:
Completed all sentences, and
Waited for five years for a summary offence, or ten years for an indictable offence, after you completed all sentences.
For clarification, the waiting time may be different if the date when you committed your most recent offence is on or before March 12, 2012.
On the other hand, you are not eligible for a Record Suspension if you were convicted of
An offence involving a child (Schedule 1 Offence), or
Four or more offences prosecuted by indictment, and each with two years or more imprisonment.
We can also help you to determine your eligibility.
Am I eligible for Criminal Rehabilitation?
Generally speaking, to be eligible for rehabilitation, you must have:
Commited a crime and five years have passed since the criminal act, or
Been convicted of a crime and five year have passed since you have completed all sentences.
On the other hand, you are not eligible for Individual Rehabilitation if:
You were convicted of two or more offences outside Canada, and
They are equivalent to summary conviction offences in Canada.
Similarly, you are not eligible for Deemed Rehabilitation if
You committed a crime or were convicted of a crime outside Canada, and
It is equivalent to an offence in Canada that is punishable by a ten-year or more imprisonment.
We can also help you with your rehabilitation application if you have trouble.
Can I come to Canada while solving my Criminal Inadmissibility?
The answer is yes.
In order to come to Canada, you will need a Temporary Resident Permit (TRP).
To learn more about a TRP, please visit our Service page.
We can also help you with a TRP application.
Moreover, if you want to apply for PR, you may consider a Humanitarian and Compassionate (H&C) application.
To learn more about H&C, please visit our Service page.
What we do?
Firstly, we help LGBT people to immigrate to Canada, and we create a safe and friendly place for them.
Then, we personalize our services for you, which may include any of the following:
Help you to determine your eligibility,
If you are not currently eligible, we help you to meet the eligibility,
if you are inadmissible, we help you to find the solution,
Assist you in collecting or preserving the supporting documents,
Provide other advice and instructions as needed that could be critical to a successful application, and
Complete, prepare, organize, and submit your application on your behalf.
Book an initial assessment today or contact us directly.
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