Foreign nationals who have committed an offence in Canada or in any foreign country may be deemed inadmissible to Canada while applying for temporary entry or for permanent resident status in Canada.
Reasons for Inadmissibility
To potentially result in inadmissibility, an offence committed abroad must be one that would be considered an offence if such an offence had occurred in Canada; that offence would constitute an indictable offence under an Act of Parliament.
There is a wide range of convictions which could make a person criminally inadmissible and preclude them from entering Canada. For illustrative purposes, examples of an offence which would render a foreign national inadmissible would include a driving while impaired (DWI) or driving under the influence (DUI) conviction; convictions for theft, fraud, or assault; and possession/consumption of drugs.
Overcoming Inadmissibility
In order to overcome inadmissibility temporarily, a foreign national needs to apply for a Temporary Resident Permit (TRP). A TRP is a document issued by Immigration, Refugees and Citizenship Canada’s (IRCC) immigration officers or by the Canada Border Services Agency (CBSA) based on the documentary evidence provided and on the officers’ discretion. A TRP facilitates a foreign national’s entry into Canada regardless of past criminality, thus rendering the foreign national admissible for temporary entry into Canada. A TRP would facilitate entry into Canada or overcome inadmissibility if the foreign national was already in Canada.
A TRP is usually issued dependent on the specific circumstances of a case and after having provided compelling reasons for why a foreign national is not a risk to Canadian society.
Please contact us for assistance in determining whether you may be inadmissible and whether you could qualify for a Temporary Resident Permit.