Serious Criminality or Criminality

Criminal Inadmissibility

In Canada, individuals who are not Canadian Citizens who have been convicted of a Crime in Canada or abroad or
are suspected to have committed a Crime abroad can be determined to be inadmissible to Canada. This applies to Permanent Residents of Canada in cases of serious Criminality.

Situation where Criminality and Serious Criminality Apply

• Have been convicted in Canada of an offence under Federal Law such as the Criminal Code or the Controlled Drugs and Substances Act  which is punishable by way of indictment, or of two offences under any Federal Law not arising out of a single occurrence;
• Have been convicted outside Canada of an offence that, if committed in Canada, would constitute an indictable offence under Federal Law, or of two offences not arising out of a single occurrence that, if
  committed in Canada, would constitute offences under an Federal Law such as the Criminal Code or the Controlled Drugs and Substances Act;
• Have committed an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an indictable offence under Federal Law such as the Criminal
  Code or the Controlled Drugs and Substances Act ; or
• Have committed, on entering Canada, an offence under Federal Law prescribed by the Regulation

Permanent Residents and Foreign Nationals can be inadmissible to Canada on grounds of Criminality if they:

• Have been convicted in Canada of an offence under Federal Law (Act of Parliament) punishable by a maximum term of imprisonment of at least 10 years, or of an offence under an Act of Parliament for which a term of imprisonment of more than six months has been imposed;
• Have been convicted of an offence outside Canada that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years; or
• Committed an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years.

A person does not need to have been convicted outside of Canada to be inadmissible the relevant sections of the law states that committing an Act outside of Canada compared to convictions that happened in Canada.

 Therefore, a person can be determined to be inadmissible to Canada if an Officer determines that the person committed an Act outside of Canada even if they were not charged or convicted abroad.

Permanent Residents might have a right of Appeal at the Immigration Appeal Division if they served less than six
months in prison.

Is there Relief?

Individuals who are inadmissible due to Criminality or Serious Criminality might have one to three remedies at their disposal which are all discretionary.

If more than the prescribed amount of time has elapsed since they served their sentence they can apply for a Rehabilitation Certificate for convictions committed outside of Canada or they can apply for a Record Suspension for convictions committed in Canada.

If they are not eligible for rehabilitation because five (5) years have not elapsed since the end of their sentence or they are not eligible to apply for a record suspension (formerly known as a pardon) for convictions
in Canada.

Foreign Nationals can request a special permission to enter Canada on a temporary basis known as a Temporary Resident Permit.

Foreign Nationals applying for permanent Residence or Permanent Residents who have a right of Appeal can request relief based on Humanitarian and compassionate considerations.

If you believe that you might be inadmissible due to criminality or serious criminality you might want to book a paid consultation to discuss your case with us.

Please note that this is general Information and should not be construed as legal advice.