Criminal Inadmissibility

Criminal background check

What is Criminal Inadmissibility?

Criminal inadmissibility is a term used to describe individuals who are not granted entry or denied stay in Canada because they have committed (or been convicted of) a crime. This crime may have occurred inside or outside of Canada. If the crime was committed outside of Canada, it must be equivalent to Canadian laws and must be considered a crime in Canada too. It is also important to consider that not every type of criminal activity will automatically render a person inadmissible in Canada – For example, In Canada, we use the terms “Indictable” and “Summary” to describe the weight of the offence. Whereas in the USA, they use the terms “Felony” and “Misdemeanor” to describe the weight of the offence. When it comes to comparing the two, it is important to note that not all “Felonies” in the United States are considered “Indictable” offences within Canada, and the same goes for “Misdemeanors” and “Summary” offences.

Overcoming Criminal Inadmissibility

Normally, if you are criminally inadmissible you will not be allowed to enter or stay in Canada. However, there are ways to overcome this.

If you are deemed inadmissible, you may become admissible again if:

  • An Immigration or Border Services office is satisfied that you have met the legal requirements to be deemed rehabilitated (Criminal Rehabilitation Application for more information)
  • Apply and get approved for individual rehabilitation
  • Receive a pardon or record suspension regarding your offence

Another option is if you are issued a Temporary Resident Permit (TRP). You may be issued a TRP if:

  • Your reasons to travel to Canada are considered justified  
  • Your inadmissibility does not pose a risk to Canadian society

If you are concerned that you may be deemed criminally inadmissible but are still hoping to enter Canada, give us a call. We have experience dealing with these situations and provide our clients with detailed explanations and discussion of realistic options.