Criminal Inadmissibility – FAQ

Criminal Inadmissibility – FAQ

Criminal Inadmissibility – FAQ

An individual cannot enter and live in Canada if there is a criminal record or the presence of specific medical conditions that can put people in Canada at risk.

An individual cannot enter Canada with a criminal record as a general rule. One may become admissible by qualifying for the deemed rehabilitation. Applying for a Temporary Resident Permit or Criminal rehabilitation can also help the individual enter Canada with no inadmissibility concerns.

Yes. One can travel to Canada with the dismissal of the charge, and there are no convictions.

You can enter Canada by obtaining a Temporary Resident Permit. You need to provide a reason for visiting Canada temporarily.

One may be inadmissible with the past expunging or dismissal of the case in the US requiring a criminal rehabilitation or TRP to enter Canada.

There must be a time-lapse of over five years after completing the sentence to become admissible. Till such time you will have to obtain a Temporary Resident Permit for entering Canada.

Criminal inadmissibility depends upon the type and number of past convictions. You are not eligible for an eTA, being criminally inadmissible. A Temporary Resident Permit is the only alternative to enter Canada.

One can become eligible to apply for a Permanent Residence by applying for Criminal Rehabilitation.

Rehabilitation is the process of removing the grounds that render a person inadmissible. One may become deemed to be rehabilitated after a specific time-lapse and the number of convictions.

The following situations make you eligible for deemed rehabilitation:

  • A conviction for an indictable offense of non-serious nature and passage of ten years since completion of the sentence
  • Crime is punishable with a prison term of fewer than ten years in Canada
  • A passage of five years since completion of sentence for multiple summary convictions

Submitting an Electronic Travel Authorization with a past DUI conviction will result in denial as one has to provide personal information about a criminal record. Obtaining a Temporary Resident Visa is a better option. You may also apply for criminal rehabilitation to enter Canada. The Temporary Resident Permit will include eTA by default. You can enter Canada if you have received criminal rehabilitation.

The decision to allow a person with a pending DUI is at the discretion of a Canadian immigration official. Generally, such a person should not be inadmissible. It is better to approach a Canadian immigration attorney to procure a Legal Opinion Letter to convince the immigration officer.

A DUI makes you inadmissible in Canada for ten years after completing the DUI sentence. You become eligible to apply for criminal rehabilitation after five years since completing the sentence. You can apply for permanent residency after clearing the grounds for inadmissibility by criminal rehabilitation.

You will face inadmissibility if you plan working in Canada with a past DUI conviction. You may obtain a Temporary Resident Permit to work temporarily. The right way is to apply for criminal rehabilitation. It will help you become admissible.

Free Immigration Assessment