Criminal Inadmissibility Canada

Inadmissibility

What does is the meaning of Inadmissibility?

A person is inadmissible if for a specific reason they are not in compliance with the Immigration and Refugee Protection Act.

By becoming inadmissible, you are no longer eligible to remain in Canada. Some of the common reasons that an individual may be inadmissible are the following:

Losing your status and overstaying in Canada.
Having a criminal record in another country.
Committing a criminal act within Canada.
Applying for Permanent Resident status when one of your accompanying family members are inadmissible for any reason.
You have medical issues that would overburden the Canadian health care system.
Misrepresentation, which includes providing false information or withholding information directly related to decisions made under the Immigration and Refugee Protection Act (IRPA)
Security Reasons
Human or international rights violations

What Happens if I am Inadmissible?

If you are within Canada and found to be inadmissible, you will be issued a removal order and required to leave Canada.

If you attempt to enter Canada, either through a port of entry or through an application in your home country, you will be refused entry into Canada.

What can I do to resolve my Inadmissibility?

1. Temporary Resident Permit

A temporary resident permit lets you stay in Canada if less than five years have passed since the end of your sentence, or you have a valid reason to be in Canada.

You must be able to prove that your being in Canada is justified and compelling in the circumstances.

2. Deemed Rehabilitation

You are deemed to be rehabilitated if you meet the following:

You committed one crime or had a single conviction for less than 10 months.
If 10 years have passed for one indictable offense or five years for 2 or mor summary convictions.

Deemed rehabilitation does not require making an application, however, you may asked to be assessed by a visa office. If you live in the United States, you should instead go to a port of entry rather than being assessed by a visa office.

3. Individual Rehabilitation

Individual Rehabilitation allows you to apply to be rehabilitated in order to enter Canada. You may only apply rehabilitation if you meet the following:

At least five years have passed since the end of your criminal sentence and the day you committed the act that made you inadmissible.

4. Record Suspension or Discharge

If you have been convicted in Canada and want to apply for a record suspension (formerly known as a pardon), check with the Parole Board of Canada. If you get a Canadian record suspension, you will no longer be inadmissible.