Criminality & Immigration

Criminality & Immigration

Under the Immigration, Refugee and Citizenship Act (IRPA), permanent resident and foreign nationals could be held inadmissible to Canada on grounds of serious criminality if:

Under the Immigration, Refugee and Citizenship Act (IRPA), permanent resident and foreign nationals could be held inadmissible to Canada on grounds of serious criminality if:

  • Individuals are facing convictions outside Canada;
    • Have convicted offence that must have equivalency in Canada for an indictable Federal offence; and
    • Offence must be punishable by a maximum sentence of at least ten years Individuals have committed criminal acts outside Canada;
    • That would be equivalent to an indictable offence of less than ten years
  • Individuals are convicted within Canada;
    • Have been convicted in Canada of an indictable offence of less than ten years; or
    • Have been convicted in Canada of two or more summary offences
  • An individual filing an application, with criminal record, could be held inadmissible to Canada, and therefore would require special permission to enter or stay in Canada. Convictions such as Driving under the influence (DUI), theft, assault, drunk and disorderly conduct, obstruction of justice, possession of marijuana or other controlled substances/drugs.
  • Any conviction related to impaired driving or cannabis related offences will fall under the “serious criminality” inadmissibility, and as a result it may jeopardize an individual’s permanent residency status in Canada, may deny entry or may result into immediate deportation.
  • Notwithstanding, you may still be allowed to enter Canada by using various legal solutions. The legal solutions to deal with criminal inadmissibility will depend on the classification of the offence and the length of time that has elapsed since the completion of the sentence.
  • If you are facing criminal charges or conviction in or outside Canada, we advise you to consult us regarding the following, in light of the specific circumstances of your case:
    • We can assist you in the application to seek Rehabilitation Order
    • We can assist you in the application to obtain Temporary Resident Permit (TRP)
    • We can assist you by providing a Legal Opinion Letter that clarify any uncertain immigration risks caused by particular charges or incidents, which are actually not covered under serious criminality
  • We understand that overcoming any kind of inadmissibility, especially criminality can be very difficult. However, proceeding with proper legal advice and taking all necessary steps at the right time can help you achieve results. We want to assist you with our years of legal expertise in providing immigration solutions.

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