Criminal Inadmissibility

Criminal Inadmissibility

Criminal Inadmissibility refers to a situation where an individual is barred from staying or entering Canada because they have either been convicted of or have committed a crime. Although such crimes or convictions might have happened within or outside Canada, such criminals often lack a record suspension or significant rehabilitation under the Immigration and Refugee Protection Act. Several issues may render an individual inadmissible in Canada. For instance:

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Committing crimes such as driving under the influence of alcohol and drugs

Violations of human and international rights such as crimes against humanity, war crimes, a senior government official involved in gross violation of human rights, or officials involved in international sanctions.

Security issues such as espionage subversion, which refer to deliberate attempts to overthrow the legitimate government. Other security issues that might lead to inadmissibility include terrorism, violence, and involvement in terror groups.

Organized crimes such as human trafficking, money laundering, and involvement in a terror group and other organized criminal activities.

Overcoming Criminal Convictions

Under Canada’s Immigration and Refugee Protection Act, an individual involved in the crime may not be allowed into the country. However, depending on how the victim has behaved since such a crime was reported, how long ago the crime was committed, and the nature of the crime, one can still gain entry into Canada. A Canadian immigration officer is authorized to determine if such an individual could enter Canada when they apply for an Electronic Travel Authorization, a visa, or when they arrive at the entry point. At this point, such individuals must convince the officer that:

They have a temporary resident permit or,

They were granted a record suspension or,

They applied for rehabilitation that was already approved, or

They are ready to meet the legal terms that deem them rehabilitated.

Deemed Rehabilitation

The term deemed rehabilitation as it applies under Canada’s Immigration and Refugee Protection Act refers to a situation where an individual’s crime has taken enough time since the individual was last convicted. Such individuals can no longer be barred from entering Canada. However, this occurs only:

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Individual Rehabilitation

Rehabilitation refers to the unlikelihood of committing a new crime. Individuals who wish to enter Canada but had criminal records may apply for individual rehabilitation to enter the country. The delegate or the minister of immigration is authorized to consider the application and allow or deny entry. The victim must, however, prove that:

Record Suspension or Discharge

The Parole Board of Canada is involved in dealing with the issue of pardon. Therefore, convicted individuals who wish to apply for a pardon or otherwise record suspension is often directed to this body. If the board decides to suspend the victim’s criminal records, then the victim is rendered admissible.

However, if the crime records suspension happens in another country, the victim is directed to the visa office serving clients from that country or region. This office determines if the suspension is valid in Canada.

Temporary Resident Permit

This permit allows an individual to enter or stay in Canada if they satisfy the following conditions:

In some circumstances where the victim has valid reasons to stay or travel to Canada but is inadmissible, the ministry may issue a temporary resident permit. The temporary resident permit allows the beneficiary to live in Canada for a particular period. A border and immigration services officer considers the situation and determines the impact of the victim’s stay or entry in Canada on Canadian society’s general health and safety. Thus, the victim must show that their stay and entry in Canada is valid even if their inadmissible reasons seem minor.