Temporary residents and applicants for permanent residence in Canada may not be able to come to Canada if they have been involved in criminal activity.
Siskinds’ immigration law group can assist you to find out whether you are admissible to Canada. If you are not admissible, we will make recommendations and provide further assistance to overcome criminal inadmissibility.
Rehabilitation for Persons Who Are Inadmissible to Canada Because of Past Criminal Activity
If you were convicted of or committed a criminal offence outside Canada, you may overcome criminal inadmissibility
- by applying for rehabilitation, or
- you may be deemed to have been rehabilitated if at least ten years have passed since you completed the sentence imposed upon you, or since you committed the offence, if the offence is one that would be an indictable offence punishable by a maximum term of imprisonment of less than ten years in Canada.
If the offence is one that would be prosecuted summarily in Canada, and if you were convicted for two (2) or more such offences, the period for rehabilitation is at least five (5) years after the sentences imposed were served.
If you have a criminal conviction in Canada, you must seek a criminal record suspension (formerly, ‘pardon’) from the Parole Board of Canada before you will be admissible to Canada.
Temporary Resident Permits (TRPs)
If you are a temporary resident of Canada and you become inadmissible due to criminal convictions or other reasons (medical, etc.), you may be eligible to apply for a Temporary Resident Permit (TRP) to stay in Canada temporarily.
If you are located outside of Canada and you are planning to come to Canada to study, work or visit someone, and you are inadmissible, you have to apply for a TRP, along with applying for a study, work permit or visitor visa.
In order to get a TRP, you must have compelling reasons for requiring entry to Canada. The benefits of your entrance and stay in Canada must prove to outweigh the potential safety and health risks to Canadian society.
Our team will assist you with determining whether you qualify to apply for a TRP. If you are eligible, we can further assist you with your TRP application.
