Criminal Inadmissibility

The CBSA has all the authority to forbid an individual to continue staying, or from entering Canada at the port-of-entry if there are any criminal inadmissibility findings against an individual. The activities that make someone inadmissible in Canada include –

  • Human or International Rights Violation when an individual in Canada, or wanting to enter Canada is found to be involved in atrocities, ill-treatment, misconduct or disrespect of others.
  • Serious Criminality and Criminality when an individual has been convicted for a serious. A serious crime refers to a crime committed by the permanent resident which carries a sentence of 1 year at least, or a sentence of imprisonment for 6 years at least. Such crimes are can make an individual inadmissible in Canada. It does not matter if the crime and the sentence happened inside or outside Canada, in both the situations an individual will not be given permission to be a permanent resident of Canada.
  • Organized Criminality is when a permanent resident or a Canadian citizen is found involved with a suspect organization with history of evil intentions towards the security of the nation. Any involvement with an organization of such disrepute can get removal or deportation orders for an individual. Even crimes like human trafficking and money laundering fall under this Section.

While applying, always mention of any criminal record you might have in the past. When you fill your application for permanent residency in Canada or for any other program, you are required to furnish your criminal history as well. For that, usual way is to attach a No Criminal Record Certificate from the police. In case, you do have a criminal record, it is better to give all details including nature of the crime, when it was committed, the sentence announced, and whether there are pending court/police charges against you still. Hiding your criminal record is highly discouraged and it is better you be honest about these. If you have a criminal history and want to re-settle in Canada, it is best to consult an immigration lawyer who can give your case personalized attention and solution. In a lot of cases, the time when the crime was committed is of crucial value. If a considerable amount of time has elapsed in case of a non-serious crime, an applicant can get Temporary Resident Permit. The Temporary Resident Permit permits an individual to visit Canada at short intervals but remains valid for a longer period of time.

Apart from this, the applicant can also apply for Criminal Rehabilitation that is valid upon fulfillment of certain conditions.

As suggested, it is better to consult a Canada immigration lawyer for more intricate details.