When it comes to migrating or visiting Canada, criminal inadmissibility might create serious intricacies during the process. Your prior criminal record or activity might result in application rejection on the basis of criminal inadmissibility in Canada. This can be a devastating and overwhelming experience for many candidates. Canadian authorities conduct admissibility requirement procedures to keep candidates guilty of criminal offences outside the country’s borders.
If your application has been rejected due to criminal records or activities in the past, there are certain ways you can still enter the country and fulfill all your dreams. In this article, we will walk you through significant information on legally entring the country without facing any criminal offense charges.
Without further ado, let us begin this article by understanding criminal inadmissibility in detail.
What is criminal inadmissibility?
When a candidate or applicant is rejected or restricted from entering a country, based on a criminal offense done by him/her in his country or other countries is known as criminal inadmissibility. Under Canadian immigration law following criminal activities can result in criminal inadmissibility
- Theft
- Any kind of assault
- Manslaughtering
- Dangerous driving
- Driving dangerously under the influence of alcohol or drugs
- Has been found guilty of possessing or trafficking drugs or controlled substances in the past and more.
It is recommended to consult an experienced and skilled immigration lawyer to assist you in providing adequate knowledge and insight into your immigration case.
What are the options to visit Canada?
Depending on the type of crime you have conducted in the past, your behavior after since, and other related factors you can consider the following options under immigration law to overcome your criminal inadmissibility
- Deemed Rehabilitation
Deemed rehabilitation option is applicable for applicants where enough time has passed since he/she has been convicted of any criminal offense. Generally, up to or more than ten years after completion of the criminal sentence imposed, you can apply for deemed rehabilitation application. However, note that the type of criminal activities convicted also plays a major role in deciding whether you can apply for this application or not.
- Individual Rehabilitation
The term rehabilitation generally means the candidate or applicant is free from criminal inadmissibility and is unlikely to commit any crimes in the future. Rehabilitation can help you get rid of criminal inadmissibility and enter the country without any restrictions.You can apply for rehabilitation only if five years have passed since you end of your criminal sentence ( including probation) and the day you committed a certain act that made you inadmissible to enter the country.
- Apply for a record suspension or discharge
This application is valid for individuals who have been convicted of any criminal offenses in Canada. You can either apply for a record suspension or discharge to another country for your conviction. Depending on your situation, the Canadian authorities confirm your further stay or departure in the country.
- Apply for a temporary resident permit
Lastly, if your reasons are valid to travel to Canada, you can apply for a temporary resident permit to stay in the country. This application can be valid only if it has been less than five years since the end of your criminal sentence or your reasons are valid enough to enter the country as per the immigration law.
How long does it take to process a criminal rehabilitation application?
The duration of your criminal rehabilitation application depends on several factors. Therefore, the process duration of criminal rehabilitation applications can differ from one applicant to another. The type of criminal activity, complications in your case, the validity of your paperwork, and other related factors can significantly influence the processing time of your rehabilitation applications.
Ensure to ask relevant questions and conduct appropriate research before finalizing services from immigration lawyers for your criminal inadmissibility case.
