Criminality and Serious criminality

Serious criminality: According to the section 36(1) of the IRPA, A permanent resident or a foreign national is inadmissible on grounds of serious criminality for

  • having been convicted in Canada of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years, or of an offence under an Act of Parliament for which a term of imprisonment of more than six months has been imposed;

  • having been convicted of an offence outside Canada that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years; or

  • committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years.

Criminality: According to the section 36(2) of the IRPA, a foreign national is inadmissible on grounds of criminality for

  • having been convicted in Canada of an offence under an Act of Parliament punishable by way of indictment, or of two offences under any Act of Parliament not arising out of a single occurrence;

  • having been convicted outside Canada of an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, or of two offences not arising out of a single occurrence that, if committed in Canada, would constitute offences under an Act of Parliament;

  • committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an indictable offence under an Act of Parliament; or

  • committing, on entering Canada, an offence under an Act of Parliament prescribed by regulations.

Overcoming criminal inadmissibility

 

You may be allowed to enter Canada with a criminal inadmissibility. Your entry would really depend on the nature of the crime, how long ago it was committed and your behaviour since then. You must

  • convince an immigration officer that you meet the legal terms to be deemed rehabilitated, or

  • applied for rehabilitation and were approved, or

  • were granted a record suspension or

  • have a temporary resident permit.

If you are wondering how your criminal record affects your immigration prospects to Canada and how to overcome criminal inadmissibility, please contact us. We will analyze you situation in detail and provide you with the best legal advise.