Criminal Inadmissibility

Definition of Criminal Inadmissibility

When foreign nationals or permanent residents of Canada are found to have committed criminal acts, they may be deemed inadmissible to Canada. Those who are deemed inadmissible must leave Canada right away and will usually not be allowed to return to or enter Canada.

There are two main kinds of criminal inadmissibility.

1. Inadmissibility for involvement in individual crime. This category is sometimes divided into two sub-categories: general criminality and serious criminality.
2. Involvement in organized crime.

OVERCOMING CRIMINAL INADMISSIBILITY

There are two main ways for a person to overcome a finding of criminal inadmissibility.

1. Rehabilitation

Information on the two main ways in which a person can be rehabilitated and allowed to enter Canada.

Under Canadian law, a person will be inadmissible to Canada if he or she has committed certain crimes. For more information on the kinds of crimes that can lead to a person being found inadmissible to Canada, click the following links.

1. Determining Inadmissibility for Individual Criminality
2. Determining Inadmissibility for Organized Criminality

There are many ways, however, for a person who has been deemed inadmissible to Canada for criminal acts to overcome an inadmissibility finding and be allowed to enter Canada.

One way of overcoming a finding of criminal admissibility is to get a Temporary Residence Permit (TRP). For an Overview of TRPs, click here.

A person can also overcome an inadmissibility finding via rehabilitation. Attaining rehabilitation usually depends on:

1. The type of crime that was committed
2. How long it has been since the crime was committed
3. The way that a person has behaved since committing the crime.

2. Temporary Resident Permit (TRP)

If an inadmissible person's entry into Canada is deemed to be "justified in the circumstances", they will be granted a TRP and allowed to enter Canada for a limited time.

A TRP will have a validity period of between one day and three years depending on the specific circumstances of the person applying for the TRP.