Crimes Committed in Canada
A criminal conviction in Canada has the same implications as one outside the country—both can lead to criminal inadmissibility.
Many people mistakenly believe that any sentence for a crime committed in Canada must be served there. However, a conviction can indeed result in being deemed criminally inadmissible.
THE MILLENNIUM IMMIGRATION can assist you with matters of inadmissibility. Just fill out our contact form, and one of our specialists will contact you to arrange a free consultation.
When is a Person Inadmissible?
For offenses committed outside Canada, an individual becomes inadmissible as soon as the charge is filed. In contrast, this does not apply to offenses within Canada.
In Canada, a person is only deemed inadmissible after a formal conviction occurs, not at the time of being charged. This distinction arises from the Immigration and Refugee Protection Act, which differentiates between “committing an act” that constitutes an offense and actually being convicted of that offense. Therefore, while a charge outside Canada leads to immediate inadmissibility, a conviction is necessary for someone in Canada to face similar consequences.
How to Resolve Inadmissibility Permanently
While criminal rehabilitation is the process used to address inadmissibility for offenses committed outside Canada, a different approach is required for convictions within the country. This approach is known as a record suspension, which functions similarly to criminal rehabilitation, as both processes focus on the applicant’s personal growth since the offense.
In both cases, the key consideration is how the individual has improved and is unlikely to re-offend. However, the eligibility timelines differ slightly. An individual can apply for a record suspension five years after completing the sentence for a summary conviction or ten years for an indictable offense. In contrast, the eligibility for criminal rehabilitation is uniform, allowing applications to be submitted five years after the sentence is completed, regardless of the offense type.
How to Resolve Inadmissibility Temporarily
The necessary steps remain consistent whether the offense occurred inside or outside Canada. Before being eligible for a record suspension, individuals must apply for a Temporary Resident Permit (TRP) to stay in the country legally or to re-enter if they have previously been convicted in Canada.
While the duration for which a TRP is the sole option for legal presence in Canada varies, the general rules governing TRPs still apply. This highlights the importance of understanding the specific requirements and timelines related to each process.
About THE MILLENNIUM IMMIGRATION
THE MILLENNIUM IMMIGRATION is among Canada’s top immigration law firms, boasting over 11 years of experience and a dedicated team of more than 60 Canadian immigration attorneys, paralegals, and professionals.
Our expertise is focused on helping clients navigate inadmissibility challenges. Our team of inadmissibility lawyers will take the time to understand your unique situation and work diligently to submit the strongest application possible to Canadian immigration authorities.
Founded in 2013, themillenniumimmigration.com serves as the online platform for THE MILLENNIUM IMMIGRATION. Over the years, it has evolved into one of the most reliable resources for immigration information related to Canada. We invite you to connect with us for support with your inadmissibility needs.