In general, every criminal act, both in the country where it occurred and in Canada, raises the possibility of inadmissibility. Having stated that, the Canadian government provides methods for newcomers to overcome inadmissibility.
The following are some of the most common infractions that may jeopardise a person’s right to enter Canada:
offences involving alcohol or drugs while driving.
- driving recklessly.
- Theft or wilfully using bad checks or a revoked or cancelled credit card are examples of fraud.
- assault; and
- Crimes involving drugs
There are many degrees of severity among these offences. Crimes with a maximum jail sentence of less than ten years are considered non-serious in Canada. These are frequently non-violent offences like theft or fraud under $5,000. If the maximum prison sentence for an offence is ten years or more, it is classified as serious criminality. DUIs, assaults causing physical harm, and crimes with a firearm are examples of such offences.
Criminal inadmissibility may not prevent you from visiting Canada. Consider the following three alternatives for overcoming inadmissibility before travelling to Canada with a criminal record.
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Permits for Temporary Residence
A Temporary Resident Permit (TRP) is a short-term alternative for anyone seeking to enter Canada. TRPs are frequently only valid for the duration of the applicant’s stay in Canada.
When you submit your TRP application, you must explain to border officers why you wish to visit Canada. Following that, the body considering your application will consider whether the benefits of your visit outweigh the potential threats to Canadian society. They will evaluate the number of offences you have committed, the nature of the offence, and the amount of time that has passed since the offence.
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Rehabilitative Justice
Unlike the TRP, criminal rehabilitation is a long-term remedy. If you have served at least five years of your sentence, you may be entitled to apply for this alternative.
Your criminal background will no longer be grounds for inadmissibility to Canada if you apply for criminal rehabilitation and do not commit another crime.
The application expenses for this option vary based on the severity of your crime. The Canadian government converts your overseas crime into its Canadian equivalent to decide whether you will be charged application fees for non-serious criminality ($200 CAD) or serious criminality ($1,000 CAD).
If you have served your sentence for ten years, you may be considered rehabilitated if your offence was not serious. If you only have a single non-serious conviction on your record, you may be able to take advantage of this. You must apply for criminal rehabilitation if you have more than one conviction. Otherwise, you may be automatically deemed rehabilitated and do not need to file for rehabilitation; however, in this instance, a legal opinion letter prepared by a lawyer may be quite useful when you meet with border officials.
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Letter of Legal Opinion
Any of the following alternatives can be paired with a Legal Opinion Letter from a Canadian immigration lawyer. These letters can explain why you should be allowed to visit Canada to Canadian border officers. It can also be advantageous if you have a pending charge but have not yet been convicted.
It is critical to plan ahead of time for your trip to Canada so that you are not turned away at the border owing to a previous conviction. A Canadian immigration lawyer can be of assistance
Contact Prominent Overseas Careers to learn about your Canadian immigration possibilities.
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