In the realm of immigration, understanding inadmissibility issues is paramount, especially when it comes to potential barriers to entering Canada. The good news is that the Canadian government provides pathways for newcomers to address these inadmissibility challenges.
Here, we shed light on common offenses that may render individuals inadmissible to Canada:
1. Driving Offenses Involving Alcohol or Drugs: Offenses related to impaired driving or driving under the influence of drugs are viewed seriously, as they pose significant risks to public safety.
2. Reckless Driving: Reckless driving, characterized by willful disregard for safety and an utter lack of caution, is a cause for concern and may lead to inadmissibility.
3. Fraud: Engaging in fraudulent activities, including theft or knowingly using bad checks or revoked/canceled credit cards, can result in inadmissibility issues.
4. Assault: Criminal offenses involving assault are closely examined, especially those leading to bodily harm or posing threats to individuals.
5. Drug Offenses: Drug-related offenses are carefully scrutinized, given their implications for societal safety and well-being.
These offenses encompass varying degrees of severity. In Canada, crimes with a maximum prison sentence of less than 10 years are generally considered non-serious. These often include non-violent offenses such as minor theft or fraud under $5,000. Conversely, crimes carrying a potential sentence of 10 years or more fall under the category of serious criminality, encompassing offenses like DUIs, assaults causing bodily harm, or crimes involving weapons.
Inadmissibility due to criminal records doesn’t necessarily mean the end of your Canadian travel aspirations. Here are three viable solutions to address inadmissibility before planning your visit to Canada:
1. Temporary Resident Permits (TRP):
A TRP provides a temporary solution for individuals seeking entry into Canada.
When applying for a TRP, you must elucidate your reasons for visiting Canada, enabling authorities to weigh the benefits of your visit against potential risks to Canadian society.
Factors considered include the number of offenses, the nature of the offense, and the time elapsed since the offense.
It’s crucial to note that TRPs are typically valid for the duration of your visit.
2. Criminal Rehabilitation:
Criminal rehabilitation is a permanent solution to inadmissibility, in contrast to the temporary nature of TRPs.
If at least five years have passed since you completed your sentence, you may be eligible to apply for criminal rehabilitation.
A successful criminal rehabilitation application eliminates your criminal history as grounds for inadmissibility, provided you don’t commit another crime.
Application fees vary depending on the nature of your offense, categorized as non-serious criminality ($200 CAD) or serious criminality ($1,000 CAD).
If a decade has elapsed since your sentence completion and your crime was non-serious, you may be automatically deemed rehabilitated. However, if multiple convictions are present, a criminal rehabilitation application is necessary.
3. Legal Opinion Letter:
A Legal Opinion Letter from a Canadian immigration lawyer can complement any of the aforementioned options.
These letters articulate to Canadian border officials why you should be permitted to visit Canada, even in cases where you have a pending charge but haven’t been convicted.
Adequate preparation is key to a seamless journey to Canada, ensuring that prior convictions don’t impede your entry. Seeking advice from a Canadian immigration lawyer can be invaluable.
At Unitia, we’re committed to providing you with the guidance and support you need to overcome inadmissibility issues and embark on your journey to Canada. If you require personalized assistance or have questions, don’t hesitate to reach out to contact us at info@unitiaimmigation.com or visit https://unitiaimmigration.com/. Your Canadian aspirations are within reach.
