Canada welcomes millions of visitors, immigrants, foreign workers, and students each year. However, individuals with a past criminal record may face challenges entering the country due to inadmissibility. Understanding the criteria and available solutions is essential for those affected.
Determining Admissibility Based on Past Convictions
If you have a criminal record, your admissibility to Canada depends on how the foreign offence equates to Canadian law.
- Summary Offences (Less Serious): You may still be admissible without additional permissions.
- Indictable Offences (More Serious): These typically result in inadmissibility. Additionally, having two non-indictable offences can also render you inadmissible.
Common Convictions Leading to Inadmissibility:
- Impaired driving
- Reckless driving
- Fraud
- Assault
- Drug-related offences
Overcoming Inadmissibility
If you suspect inadmissibility, two common solutions can help: Temporary Resident Permits (TRP) and Criminal Rehabilitation applications.
1. Temporary Resident Permit (TRP)
A TRP allows legal entry into Canada for a specific period, up to three years. You can apply for an extension from within Canada. Consider a TRP if:
- Your offence outside Canada is equivalent to an indictable offence with a sentence of less than 10 years.
- You were convicted of a hybrid offence punishable by a sentence of less than 10 years.
- You have two or more offences that would be equivalent to summary offences in Canada.
2. Criminal Rehabilitation
This option permanently clears past offences, eliminating the need for future TRPs. To be eligible, you must:
- Have committed an act outside Canada equivalent to an offence under Canadian law.
- Have been convicted or admitted to the act.
- Have completed your sentence at least five years ago, including jail time, fines, and probation.
Types of Criminal Rehabilitation:
- Individual Rehabilitation: For less serious offences when five years have passed since completing your sentence. You must demonstrate rehabilitation through stable lifestyle proof, community ties, or evidence that the crime was an isolated event.
- Deemed Rehabilitation: For indictable offences with a sentence of less than 10 years, provided:
- Ten years have passed since completing your sentence.
- You have no subsequent convictions.
Processing these applications may take 6–12 months, with costs ranging from $200 to $1,000, depending on the offence.
Legal Opinion Letters
When applying for a TRP or Criminal Rehabilitation, submitting a Legal Opinion Letter can strengthen your case. This document, prepared by a Canadian immigration lawyer, outlines how the offence aligns with Canadian law and argues for your admissibility.
Proper preparation and understanding the available options can help navigate Canadian immigration challenges effectively.