If you have been convicted of a crime in another country, are you allowed to return to Canada? It’s possible that you can’t enter Canada because of a criminal record. Whether the criminal offence was committed in Canada or elsewhere, there are ways to circumvent the inadmissibility associated with a criminal record.
Those who commit crimes outside of Canada are legally inadmissible as soon as the charges are made against them, however, those who commit offences within Canada do not face this same level of legal consequence.
After being found guilty of a crime you committed in Canada, and not before, you will be deemed ineligible to the country. This is because the Immigration and Refugee Protection Act contains wording that makes a distinction between “committing an act” that constitutes a criminal and being convicted of an offence. As a result, this distinction allows for this result.
It is possible for someone to be immediately deemed inadmissible to Canada if they have been charged with committing a crime outside the country.
If you have been convicted of a crime in another country, are you allowed to return to Canada? You are free to go to Canada while your case is underway, but if you are found guilty, you could not be allowed to enter the country again. People are fortunate in that they have options available to them for overcoming the consequences of criminal convictions.
The Step-by-Step Guide to Permanently Overcoming Inadmissibility
Although the application for criminal rehabilitation should be pursued in order to resolve inadmissibility for an offence that was committed outside of Canada, a different approach must be followed when the crime happens outside of Canada.
Candidates in this predicament have the option of submitting an application for a record suspension, a procedure that is analogous to the process of criminal rehabilitation given that the aim of the application is the same.
In any case, the authorities are looking for proof that the applicant has changed for the better since the time of the offence. The authorities have to be convinced that it is highly improbable that the individual would commit the offence again.
However, the time period during which an individual may submit a request to have their record expunged varies significantly, as one may do so five years after finishing their sentence for an offence that resulted in a summary conviction, or ten years after finishing their sentence for an offence that resulted in an indictment.
There is no need to make this difference with regard to the process of criminal rehabilitation. Five years after the completion of their term, the individual may submit their application, regardless of the circumstances.
The Step-by-Step Guide to Overcoming Inadmissibility Temporarily
There is always the possibility of obtaining a Temporary Resident Permit (TRP), regardless of whether the offence was committed inside or outside of Canada. You are permitted to remain in Canada or return there before being eligible for a record suspension if you have a TRP.
TRP’s are awarded for the duration of the applicant’s stay in Canada (up to three years), and their validity can be extended from inside Canada.
To be eligible for a TRP, you will need to demonstrate to the government of Canada that the benefits of allowing you to remain in the country outweigh the risks of doing so. You may need the assistance of an experienced Canadian immigration attorney in order to put together a convincing application for TRP.
