One of the most common reasons for inadmissibility to Canada is an applicant’s prior criminal record. Since crimes are not categorized as felonies and misdemeanors by the authorities, even a minor conviction can make a Canada Immigration aspirant inadmissible. It can prove to be a significant obstacle in the pursuit of permanent residence (PR). However, there are some ways to overcome inadmissibility.
Candidates under all categories can be found inadmissible – including aspirants for the Canada Entrepreneur Visa, skilled immigration pathways, or temporary permits. Both minor and serious crimes, for which the person was convicted in a foreign country or within Canada, can be grounds for inadmissibility. Being convicted for impaired driving, for instance, is one of the most common causes of inadmissibility. Convictions related to illegal substances, assault, or theft can also be reasonable causes.
Suppose the crime committed by the applicant is equivalent to a crime that could result in an indictment in Canada. In that case, it can make the person inadmissible – resulting in a Canada PR visa rejection or denial. Some crimes can cause the permit to enter the country on the grounds of serious criminality – which includes crimes committed inside/outside Canada that would result in a prison sentence of a minimum of ten years.
Candidates must provide a police clearance certificate or PCC for Canada PR. In addition to this, the immigration authorities also conduct a thorough background check on the candidate. It is not advisable to lie or hide information about a criminal record. Even if you are found criminally inadmissible to Canada, it does not mean that you will never again be allowed to enter the country. There are some options to overcome this situation.
Temporary Work Permit
Suppose the aspirant has a valid reason (such as work) to visit Canada, and the sentence from their conviction was completed less than five years ago. In that case, they could be eligible for a temporary residence permit. It allows an otherwise inadmissible person to live and work in Canada for a specific amount of time, for a particular reason.
Criminal Rehabilitation
- If the aspirant completed their sentence five or more years ago, they could apply for criminal rehabilitation – demonstrating that they have learned from the experience and no longer pose a threat to society
- If the cause for inadmissibility is a non-serious crime, the aspirant could be deemed rehabilitated, and the inadmissibility could be wiped from their record – even without applying
- If the sentence was completed ten or more years ago, the aspirant is very likely to be deemed rehabilitated.
- If the aspirant has committed a crime inside Canada and has been deemed inadmissible, they must apply to the Parole Board of Canada for a record suspension.
Suppose you think you might be criminally inadmissible to Canada, or need the support of a licensed RCIC agent to represent your case. In that case, you can smooth over any complexities by consulting India’s most experienced immigration professionals at Abhinav – providing lawful visa solutions for application filing and re-filing since 1994.
