Inadmissibility

When foreign national workers or permanent residents of Canada are found to have committed a crime, they are then deemed inadmissible to Canada. Those who are found to be deemed inadmissible have to leave Canada right away and will not be allowed to return to or enter Canada again.

There are mainly two kinds of criminal inadmissibility. That is:

1. – Inadmissibility for involvement in organized crime.
2. – Or inadmissibility for involvement in the individual’s crime. (the type of crime can be further divided into general criminality or serious criminality)

Overcoming Criminal Inadmissibility

There are two ways by which an individual can overcome the finding of inadmissibility:

1. Rehabilitation

Sometimes, a person who has committed a crime is allowed to enter Canada and can be considered rehabilitated by the Canadian Government.

There are mainly two kinds of rehabilitation:

•  Deemed Rehabilitation: A individual can be deemed to be rehabilitated if enough time has been passed since he or she has committed a crime. For deemed rehabilitated, a person in jail is less than ten years or less than five years depending on the crime. For being deemed rehabilitated there is no requirement and involvement of an application process. But it involves showing the Canadian official that enough time has passed since an individual has committed a crime.

• Individual Rehabilitation: individual rehabilitation is opposite to the deemed rehabilitation, which is based on how much time has been passed since a crime was committed, individual rehabilitation is an assessment of whether a person is likely to commit new crimes or not. It involves a formal application process. For applying for individual rehabilitation, individuals must be able to show:

• That they should be rehabilitated.

• That they fulfill the relevant criteria

• That they will not take part in any criminal activity in the future.

• That, at least five years has passed since they have done their last crime.

2.Temporary Resident Permit (TRP)

If an inadmissible person’s entry into Canada needs to be necessary and must be justified in the circumstances, then they will be taken as a Temporary Resident Permit (TRP). They are allowed to enter and stay in Canada for a limited time period.

A TRP can have a validity time period of one day to a maximum of three years depending on the specific conditions of the person applying for the TRP.

If an individual is from a country whose citizens are required to obtain a visitor visa first to enter Canada, then the individual will have to obtain first the visitor visa along with a TRP to enter Canada. If an individual holding TRP wants to work or study in Canada, they will also have to obtain a work or study visa.