Even some petty crimes could potentially prevent you from coming to Canada.
In Canadian Immigration, there are three types of criminalities depending on the seriousness but We will just be discussing about two of them. One, is Serious Criminilality, which is a crime under the Act of Parliament of Canada that is punishable by maximum term of imprisonment of at least 10 years or under the Act of Parliament of Canada, a term of imprisonment of at least 6 months has been imposed. This type of criminality affects both a Permanent Resident(PR) and Foreign Nationals (including temporary residents in Canada). Example of a serious criminality is Driving Under the Influence. So, if you are a PR, you could still be removed from Canada if found to be inadmissible under this type.
The second one is of simply called Criminality which is an offense that is indictable or two summary offences not arising out of single occurence. Only Foreign Nationals can be found inadmissible under this type.
Now, you can be found inadmissible under these two criminalities irregardless of when and where the offence took place.
The big question is, can you still come to Canada even if you have a criminal record? The answer depends on what, where and when the offence took place and the time elapsed since your sentence is served. Also, if you committed an act or convicted of an offense outside of Canada, it has to be equivalent to any of offences under the Act of Parliament.
If you were convicted in Canada, you will need a Record Suspension for you to be able to apply to come to Canada again. If you were removed from Canada because of this conviction, you will also need to apply for what is called Authorization to Return to Canada (ARC).
If you were convicted or committed an act outside of Canada for criminalities, there are three possible remedies for you depending on the equivalency in Canadian Law of the offence you committed. There is what is called individual rehabilitition and this is something you submit as ann application to IRCC. One of the critirias to meet is that 5 years has passed since the act commited outside of Canada or 5 years has passed since the end of the sentence imposed. And it is very important that you have had no other convictions.
The second option if Deemed Rehabilitated where in 10 years has passed since you completed your sentence for an indictable offence or 5 years has passed since you completed your sentence for two or more summary offences.
It is worth to mention as well that you can apply for individual rehabilitation only if you are convicted of serious criminality. There is no deemed rehabilitated remedy for serious criminality.
If you do not meet the time elapsed for deemed rehabilitated and individual rehabilition and there is a compelling need for you to come to Canada, a Temporary Resident Permit (TRP) could be a remedy for you. You would need a very convincing reason why you are worth to be given exemptions and this is where Immigration Professionals come into play.
Of course, there are other requirements for these three remedies mentioned that you have to meet and if you have criminal convictions and want to know your options, reach out to us for a consultation.
