Crimes that Makes an Applicant Inadmissible to Canada

by Mansi Sahai Published on 10/Aug/2022
Canada Criminal Record

If you are planning to move to Canada but have a criminal record, it is important for you to know the types of crimes that can make you inadmissible, which means you'll not be allowed to enter Canada. 

Criminal inadmissibility is among the most common reasons for an individual to disqualify to enter Canada. To find out whether your criminal charge may cause you inadmissibility, it is a must to understand the types of criminal convictions.

There are three categories of offenses under the Criminal Code of Canada: 

Summary-
These offenses are generally considered as the least serious ones out of all three in terms of penalty and crime.
Indictable- These offenses are considered as more serious crimes and have severe sentences. For examples,

  • Theft over $5,000 CAD

Hybrid- For such offenses, the prosecutor decides whether to process it “summarily” or “by indictment”. The prosecutor takes a decision based on the seriousness of criminal actions committed by the accused. For example:

  • Reckless driving
  • Simple assault
  • Driving while impaired, i.e., DWI
  • Driving under influence, i.e., DUI

How to overcome criminal inadmissibility for Canada Immigration?

There are various options available to help you overcome criminal inadmissibility based on when and where you have committed the crime, and the severity of that offense.

If you were ever convicted for a crime committed outside of Canada, you will be considered rehabilitated to be admissible. You may qualify to apply for rehabilitation as well if it's been over five years since the end of the sentence imposed for your crime that was committed outside of Canada. 

For any driving-related offenses, where your license was taken away under your sentence, the 5-year period starts once the driving prohibition ends.

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