In general, any criminal activity that takes place within a country or Canada restricts people from moving to Canada. However, the Canadian government works out the inadmissibility issues by providing solutions to newcomers moving to Canada.
Let’s discuss the common offenses or activities that make a person inadmissible to Canada.
The following are common offenses:
- careless or speedy driving;
- violations related to driving (alcohol or drugs);
- any fraudulent activity or theft;
- usage of bad cheques or canceled credit cards;
- physical assault;
- offenses related to drugs
The different types of offenses determine the intensity of the offenses. Crimes with a prison punishment of below ten years aren’t categorized as severe criminal offenses.
Usually, these non-serious crimes are related to theft, fraud, or some kind of non-violent activity. If any criminal is imprisoned for ten years or more, then he will indeed be categorized as a serious criminal.
Serious criminal offenses include causing any physical harm, DUIs, and crimes committed using weapons.
Becoming inadmissible due to any illegal criminal activity doesn’t put an end to your Canadian traveling.
If you have a criminal history, then you must consider the following options for overcoming inadmissibility in Canada:
Temporary Resident Permits
You can seek entry into Canada through the Temporary Resident Permit; their validity is only up to the duration for which the individual visits Canada.
While submitting your Temporary Resident Permit application, you will need to provide a detailed explanation regarding your intention of visiting Canada to the border officials.
The officials who take charge of reviewing your TRP application will determine whether your stay’s benefits surpass the potential threat you cause to the Canadian society.
They will also analyze your criminal crimes based on the number of offenses, the type of offense, and also the time gap between your application and the offense committed.
Criminal Rehabilitation
Unlike the Temporary Resident Permit, Criminal Rehabilitation is a type of permanent solution to the inadmissibility issue. You could utilize this alternative if you completed your imprisonment or sentence with a gap of at least 5 years from when you wish to move to Canada.
If your Criminal Rehabilitation application stands triumphant then your past criminal history will not be considered provided you don’t commit any other crime hereafter.
You will also require to pay some fee if you apply through this alternative, but the fee will depend upon the nature of the crime.
The government of Canada determines your fee amount by translating the foreign crime to the crime committed in Canada. Analyzing the intensity of the crime will categorize the crime as serious or non-serious. If it’s a severe crime, you’ll be charged $1000 CAD, while for a non-severe crime you will be charged $200 CAD.
If a period of ten years has elapsed since your imprisonment (for a non-serious crime), you will be considered rehabilitated. You should ensure that there is no more than one record of non-serious criminal activity. In case there is a record for more than one conviction you may apply for criminal rehabilitation. Otherwise, you will need to apply for it as you will be automatically counted as rehabilitated.
You must also carry a draft of the Opinion Letter authorized by a lawyer to present before the border officials.
Legal Opinion Letter
A Canadian Immigration Lawyer will provide you with a Legal Opinion Letter which you would combine with the available two options (TRP or Criminal Rehabilitation). The letters will justify explaining to the border officials in Canada why you should be allowed to enter Canada.
It will also benefit you in the case you’re yet to be convicted due to pending charges. It will also serve your benefit if you’re yet to be convicted due to pending charges.
You must be prepared for your Canadian journey in advance to avoid any hassles when you meet the border officials. You should avoid being refused to enter Canada due to your previous conviction. You could even hire an immigration lawyer to suit your purpose.
