Have you been denied entry to Canada by an officer at the border because of prior conviction in a foreign country?
A person can be unable to come to Canada, or “inadmissible,” for a number of reasons. These reasons include security, criminal, financial or health reasons. People today are being turned away more and more for reasons of inadmissibility. Most times, they are often told to file for Rehabilitation or a Temporary Resident Permit. Other times, they are ordered “removed” or “excluded” from Canada.
When a person has committed a crime in a foreign country, an immigration lawyer can help them determine whether this crime fits into the categories of offences that can make people inadmissible to Canada. This process is difficult and involves a complex legal analysis – comparing the elements of the foreign offence to their equivalent elements in the equivalent offence in Canada. CLG has a department devoted to dealing with issues of inadmissibility. Since some of our lawyers have legal credentials in both Canada and another foreign jurisdiction, they are trained in comparative law.
We can file applications in Canada for Rehabilitation and Temporary Resident Permits for applicants coming from anywhere in the world.
How is Criminal Inadmissibility Addressed?
There are a number of ways to address criminal inadmissibility for the purposes of coming to Canada on either a temporary or permanent basis, for instance:
- Not all prior convictions make a person inadmissible. Certain minor offenses may be ignored for Canadian immigration purposes. For example, a single conviction of disorderly conduct will not normally keep someone out of Canada.
- There may be no equivalent under Canadian federal law for the foreign offense that is the subject of conviction. This is often a technical argument based on the fact that the Canadian offense has a more narrow interpretation than the foreign offense in question.
- It may be possible to have the foreign conviction expunged or dismissed, in certain cases, which may negate the inadmissibility to Canada.
- The passage of enough time since the completion of the sentence, in the absence of subsequent convictions, may in certain circumstances be considered as deemed rehabilitation and the offender would no longer be inadmissible to Canada.
- Even when an individual is not eligible to submit a rehabilitation application, there is always the possibility of apply for a Temporary Resident Permit.
If you have been denied entry to Canada or if you believe you are inadmissible to enter Canada, we are here to help. CONTACT US