What is criminal Inadmissibility?
Most immigration applications of Canada require that you provide a police certificate from where you have lived for more than 6 months. If your police certificate indicates that you have a criminal record, then it is very likely that you are inadmissible to Canada.
Further, the criminal record can be either in or outside Canada. However, you do not need a police certificate from Canada for your application.
Inadmissible to Canada because of criminality
When someone is inadmissible to Canada, they can’t enter Canada. If they apply for Canadian immigration, their application will most likely be rejected. If they are in Canada, they will be ordered to leave.
For immigration, criminality as an inadmissible ground has three categories: criminality, serious criminality, and organized criminality.
Note that each of these types alone is enough to make someone inadmissible. However, the difference is the process of how you may overcome it, and in some cases, whether you have a right to appeal.
Further, if you have a criminal record, your family members may also become inadmissible. Therefore, if you are immigrating to Canada as a family, you also need to overcome your criminality to ensure the success in their applications.
Can I still immigrate to Canada if I have criminal Inadmissibility?
You can still immigrate to Canada if you have a criminal record. However, you must first take some actions to overcome it.
Firstly, you need to see whether your criminal record is in or outside Canada. If it is in Canada, you must apply for a Record Suspension, formerly called a Pardon. If it is from outside Canada, you may apply for Rehabilitation.
Then, you can further check if you meet the requirements for either process.
Lastly, neither of them is available for organized crimes. Note that it is possible that your police certificate does not specify this. Then you need to check the Canadian law and see if it is an organized crime.
Are you a permanent or temporary resident?
If you are a permanent resident, you only become inadmissible based on serious criminality. In other words, criminality does not make you inadmissible.
On the other hand, if you are a temporary resident, you become inadmissible either due to criminality or serious criminality.
Do you have a criminal record in Canada or outside Canada?
If you have a criminal record in Canada, you only become inadmissible when you receive a conviction of your offence. Therefore, if you receive a charge in Canada, this does not make you inadmissible yet.
If you have a criminal record outside Canada, you become inadmissible either when you committed, were charged with, or were convicted of an offence.
Further, regardless of where your criminal record is, it only becomes an inadmissible ground when it is a federal offence. In other words, if your offence is a provincial offence, it will not make you inadmissible.
Criminal inadmissibility while the criminal proceeding is ongoing
If you have an ongoing criminal proceeding in Canada, you do not become inadmissible until you receive a conviction.
At this moment, you should work with your criminal counsel to obtain a discharge or a reduced charge of a provincial offence if it is practical. If you can obtain a discharge or reduced charge of a provincial offence, you will not become inadmissible.
However, if you have an ongoing criminal proceeding outside Canada, you are inadmissible.
What if I become inadmissible while living in Canada?
If you live in Canada and become inadmissible, you will receive a removal order and lose your immigration status.
If you are a permanent resident, you may lose your status. However, you may be able to appeal the removal order to the Immigration and Refugee Board (IRB). You will retain your status if you win your appeal.
To be eligible to appeal, you must receive a maximum jail term less than 6 months. To learn more about what we can do to help you with your appeal process, please visit our Service page.
Unfortunately, temporary residents do not have a right to appeal a removal order unless they hold a permanent resident visa.
However, depending on your circumstances, you may be eligible for a Temporary Resident Permit (TRP).
A TRP allows people who are either ineligible for any immigration programs or inadmissible but have a compelling reason to enter or remain in Canada. For more information about a TRP, please visit our Service page.
Overcome criminal inadmissibility when you have a criminal record in Canada
If you have a conviction of an offence in Canada, and you have criminal inadmissibility, you must apply for a record suspension, formerly known as a pardon, to overcome it.
To be eligible for a Record Suspension, you must have completed all sentences. Further, you must have waited for a certain amount of time after completing all sentences.
Precisely, the wait time is 5 years for a summary offence, and 10 years for an indictable offence. Note that the waiting time may be different if the date when you committed your most recent offence is on or before March 12, 2012.
However, you are not eligible for a Record Suspension if your offence involves a child. Further, if you have 4 or more indictable offences, and for each you received 2 years or more jail time, you are not eligible either.
Last but not least, you must apply to the Parole Board of Canada (PBC) for a Record Suspension.
Overcome criminal inadmissibility when you have a criminal record outside Canada?
If you have a criminal record outside Canada, you are likely inadmissible. However, if you have never received a deportation order, you do not need an ARC to return to Canada.
Further, depending on the nature of your offence and the number of years after you completed all punishment, you may not be inadmissible anymore.
However, if you are still inadmissible, you need to apply for rehabilitation to overcome your criminality.
Generally, to be eligible for Rehabilitation, you must have waited a minimum of 5 or 10 years after either completing all of your sentences or committing the crime. Note that there are additional requirements depending on the type and number of your offence.
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