Introduction

Facing criminal inadmissibility can be a significant hurdle for anyone looking to enter or immigrate to Canada. This issue can arise due to past convictions, including those considered minor offences in your home country. However, there are pathways and legal remedies available to address criminal inadmissibility. This guide outlines what you can do if you are deemed criminally inadmissible to Canada from Africa, providing detailed steps and options for overcoming this challenge.

1. Understand the Grounds for Criminal Inadmissibility

a. Criminal Convictions

– Summary Convictions: These are considered less severe offences under Canadian law. However, multiple summary offences can still lead to inadmissibility.
– Indictable Offenses: More serious crimes comparable to felonies in other jurisdictions. Even one indictable offence can render you inadmissible.
– Hybrid Offenses: Offenses that can be prosecuted as either summary or indictable. The treatment of these offences can vary depending on how they are classified in Canadian law.

b. Understanding Equivalency

Canadian immigration authorities assess criminal inadmissibility based on the equivalency of your offence under Canadian law. Understanding how your offence is viewed in Canada is crucial, as this will determine your inadmissibility status.

2. Options for Overcoming Criminal Inadmissibility

a. Criminal Rehabilitation

Criminal rehabilitation is a process by which you can overcome criminal inadmissibility, making you eligible to enter Canada:

– Eligibility: You may be eligible for criminal rehabilitation if at least five years have passed since the completion of your sentence (including probation and fines). The waiting period depends on the seriousness of the offence.
– Application Process: Submit a Criminal Rehabilitation application, which includes detailed documentation of your criminal record, proof of sentence completion, and evidence of rehabilitation (such as personal statements, employment records, and community involvement).
– Approval: If approved, you will be rehabilitated and allowed to enter Canada despite your criminal record.

b. Temporary Resident Permit (TRP)

If you are inadmissible but need to enter Canada for a temporary period, you may apply for a Temporary Resident Permit:

– Eligibility: TRPs are issued at the discretion of Canadian immigration authorities and are typically granted when the need to enter Canada outweighs the risk to Canadian society.
– Application Process: Provide a compelling reason for your visit, such as family emergencies, business meetings, or significant events, along with supporting documents demonstrating your intent to comply with Canadian laws.
– Duration: TRPs can be issued for varying lengths of time, up to three years, and may be extended in some cases.

c. Deemed Rehabilitation

Some individuals may be “deemed rehabilitated” if enough time has passed since the completion of their sentence:

– Eligibility: Generally applies to those who have committed less serious crimes (summary offences) and have lived a law-abiding life since their conviction. The required time frame is typically ten years.
– Verification: This status is not automatically granted; it must be verified at a Canadian port of entry or by a visa officer.

d. Record Suspension (Pardon)

A record suspension, also known as a pardon, is a formal process to remove your criminal record from the Canadian Police Information Centre (CPIC) database:

– Eligibility: Must have completed all sentences, including fines and probation, and demonstrate law-abiding behaviour.
– Application Process: This is a separate process from criminal rehabilitation, typically pursued within Canada. You must provide detailed information about your conviction, the steps toward rehabilitation, and references attesting to your character.

3. Gathering Supporting Documentation

– Police Certificates: Obtain police certificates from all countries where you have lived for six months or more since 18. These documents are crucial for demonstrating the completion of your sentence and your current legal standing.
– Court Records and Transcripts: Provide detailed records of your charges, convictions, and sentences. These help Canadian authorities assess the equivalency of your offence under Canadian law.
– Personal Statements: Written statements explaining the circumstances of your offence, your rehabilitation process, and your reasons for wanting to enter Canada.
– Character References: Letters from employers, community leaders, or other reputable individuals who can vouch for your rehabilitation and current character.

4. Legal Assistance and Consultation

Navigating the complexities of overcoming criminal inadmissibility can be challenging. Seeking legal assistance from an experienced immigration lawyer can significantly enhance your chances of a successful outcome:

– Legal Evaluation: An immigration lawyer can help assess your situation, advise on the best course of action, and assist in gathering necessary documentation.
– Application Assistance: Lawyers can help prepare and submit applications for criminal rehabilitation, TRPs, or deemed rehabilitation, ensuring that your case is presented effectively.

Conclusion

While criminal inadmissibility can be a daunting barrier to entering Canada, several avenues are available to address this issue. Whether through criminal rehabilitation, a Temporary Resident Permit, or deemed rehabilitation, it’s possible to overcome this challenge and gain entry into Canada. At Empirefly Immigration Law Firm, we specialize in helping individuals navigate the complexities of Canadian immigration law. Contact us today for expert guidance and support in overcoming criminal inadmissibility.