Under Canada’s immigration law, individuals who have committed or been convicted of a crime may be deemed criminally inadmissible to enter the country.

This restriction applies to a wide range of criminal offenses, from minor to severe. However, there are ways to overcome criminal inadmissibility, depending on the nature of the offense, how long ago it occurred, and your actions since.

If you’ve been affected by criminal inadmissibility, this guide will provide insights into rehabilitation, record suspension, and temporary resident permits (TRPs) to help you gain entry to Canada.

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What Does Criminal Inadmissibility Mean in Canada?

Criminal inadmissibility refers to the restriction placed on individuals who have been convicted of certain crimes outside or within Canada. This means you may not be allowed to enter or stay in Canada.

Criminal inadmissibility applies to both minor and serious crimes, including:

• Theft
• Assault
• Manslaughter
• Dangerous driving
• Driving under the influence of drugs or alcohol (DUI)
• Possession of or trafficking in controlled substances

These crimes are outlined in the Criminal Code of Canada and the Controlled Drugs and Substances Act.

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What Are the Options to Overcome Criminal Inadmissibility?

If you have been deemed criminally inadmissible, there are several legal pathways to enter Canada:

1. Deemed Rehabilitation
2. Individual Rehabilitation
3. Record Suspension (Pardon)
4. Temporary Resident Permit (TRP)

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1. Deemed Rehabilitation

Under Canada’s immigration law, you may qualify for deemed rehabilitation if enough time has passed since your conviction. This process applies to individuals who:

• Committed a crime outside Canada with a maximum prison term of less than 10 years if it were committed in Canada.
• Have served their sentence and avoided further offenses for a significant amount of time.
• Have committed only one crime.

Eligibility for deemed rehabilitation depends on:

• The type of crime committed.
• The time elapsed since you completed your sentence.
• Your overall criminal record.

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2. Individual Rehabilitation

If you are not eligible for deemed rehabilitation, you can apply for individual rehabilitation. This process demonstrates that you are unlikely to commit future crimes and allows you to gain admissibility to Canada.

To qualify for individual rehabilitation:

• At least five years must have passed since the end of your sentence, including probation.
• You must prove to the Minister of Immigration or their delegate that you meet the criteria and have been rehabilitated.

When applying for criminal rehabilitation, you can submit it along with your application for a visitor visa, study permit, or work permit. This can be done at the nearest Visa Application Centre.

If you require an Electronic Travel Authorization (eTA), you must apply for criminal rehabilitation separately and wait for approval before applying for the eTA.

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3. Record Suspension (Pardon)

If you were convicted in Canada, you can apply for a record suspension (formerly called a pardon) through the Parole Board of Canada. A record suspension removes your criminal record from the public database, ensuring you are no longer criminally inadmissible.

For convictions outside Canada:

• You need to verify if the record suspension or discharge is valid in Canada by consulting the visa office serving your region.

By obtaining a record suspension, you ensure smoother entry into Canada, as the immigration officer will have sufficient information to decide on your admissibility.

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4. Temporary Resident Permit (TRP)

If you need to enter Canada but are not eligible for rehabilitation, you can apply for a temporary resident permit (TRP). This permit allows you to enter Canada for a valid reason, such as a family emergency or business conference, even if it has been less than five years since your sentence ended.

When applying for a TRP:

• You must demonstrate that your reason for entering Canada outweighs the risks associated with your inadmissibility.
• You will need to pay a processing fee of C$200, although some exceptions may apply.

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Key Steps to Overcome Criminal Inadmissibility

To overcome criminal inadmissibility, follow these steps:

1. Assess Your Case: Determine the nature of your crime, the time elapsed since the conviction, and whether you meet the criteria for rehabilitation or a TRP.
2. Apply for Rehabilitation or TRP: Submit your application with all required documents to prove your eligibility.
3. Seek Professional Guidance: Consulting an experienced immigration lawyer or consultant can help streamline your application process.

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How Sober Immigration Can Help

At Sober Immigration, we understand that navigating the complexities of criminal inadmissibility can be overwhelming. Our team of experienced professionals is here to guide you through every step of the process, whether you need:

• Assistance with applying for criminal rehabilitation.
• Support in obtaining a temporary resident permit (TRP).
• Help with securing a record suspension.

We specialize in providing tailored solutions to meet your immigration needs, ensuring that your application is handled with expertise and care.

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Are you facing criminal inadmissibility and looking for a way to enter Canada? Sober Immigration is here to help! Contact us today for a consultation and take the first step toward overcoming your challenges.

📞 Call Us: +1 905-588-0606

Let Sober Immigration be your trusted partner in achieving your immigration goals. Start your journey to Canada with confidence!