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Criminal Inadmissibility

Criminal Inadmissibility

If You Have Been Convicted Or Charged With A Crime In The Past, You May Be Inadmissible To Enter Canada Due To Your Criminal Record.

Am I Inadmissible?

If you have been convicted in Canada: OR

  • and the offence was indictable, and punishable by a sentence of less than ten years;
  • been convicted in Canada of two or more summary offences. Then you will be found inadmissible to Canada.
If you have been convicted outside of Canada:
  • and the equivalent offence in Canada would be like an indictable offence punishable by a sentence of less than ten years;
  • for two or more offences that would be considered summary offences in Canada;
  • or
  • if the equivalent Canadian offence is equivalent to a hybrid offence punishable by a sentence of less than ten years

Then you will be found inadmissible to Canada.

When You Are Not Inadmissible
If the charges were withdrawn or dismissed:
  • If the offence occurred outside Canada, you may be inadmissible.
  • If the offence occurred in Canada, you are not inadmissible.
For an absolute or conditional discharge:
  • If the offence occurred outside Canada, you may be inadmissible.
  • If the offence occurred in Canada, you are not inadmissible.
If Pardon was granted:
  • If the offence occurred outside Canada, you may be inadmissible.
  • If the offence occurred in Canada, you are not inadmissible if you were pardoned under the Criminal Records Act in Canada.
In situations were inadmissibility is unclear, you have to provide a complete record of all your charges, conviction, court documents, parole details and more. You will have to show the officer why you are not inadmissible. It is vital that you receive the appropriate help to prepare a submission.
What Can You Do?
Permanent Residence Applications
First, you must determine how long ago your last conviction/charge was:
  • If it was more than five years ago, you may be eligible for Criminal Rehabilitation. The purpose of this application is to show that you have been “rehabilitated” and are not likely to re-offend.
  • If you only have one conviction or charge, and it has been more than 10 years since the incident, you can be eligible for deemed rehabilitation.
  • If it has been less than five years since the conviction or charge, you are not eligible for either deemed rehabilitation or criminal rehabilitation. Your only option would be to pursue an application based on Humanitarian & Compassionate Grounds.

For full information on applications for rehabilitation, including eligibility, please contact Rockline. These applications are extremely complex and are most often decided on paper and therefore the application must be comprehensive, concise and compelling.

Temporary Residence Applications
First, you must determine how long ago your last conviction/charge was:
  • If it was more than five years ago, you may be eligible for Criminal Rehabilitation. The purpose of this application is to show that you have been “rehabilitated” and are not likely to re-offend.
  • If you only have one conviction or charge, and it has been more than 10 years since the incident, you can be eligible for deemed rehabilitation.
  • If it has been less than five years since the conviction or charge, you are not eligible for either deemed rehabilitation or criminal rehabilitation. Your only option would be to pursue an application for a Temporary Resident Permit.
For full information on applications for rehabilitation, including eligibility, please contact Rockline. These applications are extremely complex and are most often decided on paper and therefore the application must be comprehensive, concise and compelling.
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