Criminal Inadmissibility to Canada: What You Need to Know
If you are in Canada as a temporary resident — for example, as an international student, foreign worker, or visitor — or even as a permanent resident, a criminal conviction may result in inadmissibility. This means that you could be lawfully removed from Canada and barred from returning, sometimes permanently.
What is Criminal Inadmissibility?
Criminal inadmissibility occurs when a person is deemed ineligible to remain in or enter Canada due to a criminal offence. This concept is governed by the Immigration and Refugee Protection Act (IRPA). Inadmissibility may be based on offences committed in Canada or abroad, if the act would also be considered a criminal offence under Canadian law.
Certain convictions lead to automatic inadmissibility — for example, impaired driving (due to alcohol or drugs). This offence is now classified as serious criminality under the Criminal Code (punishable by up to 10 years in prison). As a result, a permanent resident may be subject to removal proceedings even for a first offence, regardless of whether jail time was imposed.
Who Is Affected?
-
Temporary residents: If you are in Canada temporarily and are convicted of a crime, your status may be revoked and you may receive a removal order.
-
Permanent residents: While they have more rights than temporary residents, permanent residents are not immune. A serious criminal offence may result in loss of status and removal. In particular, if the sentence imposed is six months or more — even if suspended — you may be considered inadmissible.
What Legal Remedies Exist?
If you receive a notice of inadmissibility, it is essential to act quickly. Legal avenues vary depending on your status and the nature of the offence:
-
Appeal to the Immigration Appeal Division (IAD): In some cases, a permanent resident can appeal a removal order. However, no appeal is available if the person received a sentence of 6 months or more in prison.
-
Judicial review at the Federal Court: If an appeal is not available or fails, a judicial review may be requested. This process is technical and time-sensitive.
-
Humanitarian and Compassionate (H&C) application: If the person is well-established in Canada, has Canadian citizen children, or faces hardship, an H&C application may be filed.
-
Criminal rehabilitation: A person outside Canada may apply for rehabilitation after a waiting period. If granted, this lifts the inadmissibility.
-
Temporary Resident Permit (TRP): In urgent or compelling cases, a TRP may allow an inadmissible person to remain in Canada temporarily.
Act Without Delay
Deadlines are often very short — sometimes as little as 15 days to contest a removal order. Failing to respond or misunderstanding the process can lead to swift removal (“deportation”) with serious personal and legal consequences.
Once outside Canada, returning can be extremely difficult, if not impossible, without costly and complex applications.
We’re Here to Help
At Giroux Canadian Immigration Inc., we understand the legal and human stakes of criminal inadmissibility. If you or a loved one are facing criminal charges or a removal order, contact us without delay. We’ll assess your options and guide you through every step of the process.
____________________
Click here for a video version of this post.
