Here, you will find a description of how Canadian immigration authorities determine whether an individual is inadmissible to Canada for individual criminal activity and a description of the four main groups of individuals who can be deemed inadmissible to Canada for criminal activity.
In assessing whether a person should be deemed inadmissible to Canada for individual criminal activity, Canadian immigration officers will first classify a person into one of the following four groups.
- Convicted in Canada
- Convicted Outside of Canada
- Committing of an Act
- Committing a Crime on Entering Canada
1. Convicted in Canada
This group includes individuals who were convicted of serious or general crimes in Canada. The crimes must have been committed under Canadian law. For more information on the difference between serious and general crimes, click here.
Foreign nationals convicted of a crime in Canada can be deemed inadmissible if:
- They are convicted of a crime that could give rise to a jail sentence of at least ten years.
- They have been convicted of a crime that could give rise to a jail sentence of at least six months.
- They have been convicted of a crime that is punishable by way of indictment.
- They have been convicted of two distinct crimes that arose from two distinct events.
It is more difficult for permanent residents to be deemed inadmissible under this category. Permanent residents will only be inadmissible to Canada under this category if:
- They are convicted of a crime that could give rise to a jail sentence of at least ten years.
- They have been convicted of a crime could give rise to a jail sentence of at least six months.
Individuals will not be deemed inadmissible under these categories if they have been acquitted of the crime or if they have had their criminal record suspended. They will also not be found inadmissible if the crime was committed under the Contraventions Act or the Young Offenders Act.
2. Convicted Outside of Canada
This group includes individuals that immigration authorities have reasonable grounds to believe were convicted of one or more serious or general crimes outside of Canada. The crimes committed by individuals under this group must be equivalent to crimes that exist under Canadian law.
Under this category, foreign nationals can be deemed inadmissible if:
- There are reasonable grounds to believe that they have committed a crime that, if committed in Canada, could be punished with a jail term of at least ten years.
- There are reasonable grounds to believe that they have committed a crime that, if committed in Canada, could be punished by indictment.
- There are reasonable grounds to believe that they have committed two or more distinct crimes arising from two or more distinct events. These crimes must be equivalent to crimes under Canadian law.
Permanent residents will only be found inadmissible under this category if the crime they committed is a serious crime. For a definition of what constitutes a serious crime, click here.
Individuals will not be found inadmissible under this category if they have been deemed rehabilitated or if they have had their criminal record suspended. They will also not be found inadmissible if they are expected to be acquitted of the crime. Lastly, they will not be found inadmissible if the crime was committed under the Contraventions Act or the Young Offenders Act. For more information on Deemed Rehabilitation, click here.
Note: All findings of inadmissibility under these categories must be based on “reasonable grounds”. This means that immigration officers will only deem a person inadmissible if they have a legitimate belief that there is a serious possibility that a person committed one of the acts above. This belief must be based on credible evidence. It is important to note that deeming a person inadmissible on “reasonable grounds” does not necessarily mean proving that the person committed or was convicted of a crime. A person can be deemed inadmissible on reasonable grounds merely when there is a serious possibility supported by credible evidence that a crime was committed or that the person at hand was convicted of a crime.
For more information about remaining two groups, please click on Committing of an Act & Committing a Crime on Entering Canada.
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Interested candidates: Find out whether you qualify to Canada by completing our free on-line evaluation. We will provide you with our evaluation within 1-2 business days.
