Have you been deemed inadmissible to Canada? If you have been convicted of a crime or have been arrested, you could be criminally inadmissible to Canada. It is your responsibility to demonstrate that you are eligible to enter Canada.

What is Criminal Inadmissibility?

Criminal inadmissibility means that you have been denied entry to Canada for being convicted of a crime committed in Canada or abroad. If you are inadmissible for criminality, then:

• You require a special document called the, Authorization to Return to Canada (ARC) for a future return
• You could be deemed rehabilitated if 10 years have passed since the completion of imprisonment

You could apply for a Temporary Resident Permit (TRP) or criminal rehabilitation if 5 years have elapsed since completing your sentencing.

How to Overcome Criminal Inadmissibility

There are 2 ways to overcome criminal inadmissibility:

Criminal Rehabilitation: This is a permanent solution to criminal inadmissibility. To apply for criminal rehabilitation, your sentencing period must be over 5 years prior.

This includes all other required conditions such as probation, fines, community service, etc.

For the completion of your sentencing period, if 10 years have gone by, you could be deemed rehabilitated. Criminal rehabilitation applications are considered based on the possibility of repeated or continued criminal behavior or activity.

Temporary Resident Permit (TRP): A TRP is a temporary solution to criminal inadmissibility. It basically wipes your record clean and authorizes you to enter Canada despite your inadmissibility.

However, you must provide a valid reason to enter Canada that outweighs the risk of allowing you to enter.

A TRP can be issued for 1 day to 3 years with specified conditions for the applicant. You can apply for a TRP if you wish to enter Canada before the specified time period has expired to apply for criminal rehabilitation.

What are the Alternatives for Overcoming Criminal Inadmissibility?

If you are deemed criminally inadmissible as a permanent resident, you will be issued a removal order. You could appeal this decision to the Immigration Appeal Division (IAD). However, you are not eligible to appeal to the IAD if your sentencing period was for 6 months or more.

Which crimes can make me criminally inadmissible?

Driving under the influence (DUI) is the most common reason for criminal inadmissibility. Drugs, whether illegal or legal can fall under DUI convictions. However, crimes like theft, assault, and weapon possession could make you inadmissible.

How can I go to Canada with a driving under influence (DUI) conviction?

You can apply for a temporary residence permit (TRP) or criminal rehabilitation.

How can I get a TRP?

You can apply for a TRP at the port of entry. However, it is advisable to get a TRP in advance before coming to Canada.

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