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Canada Immigration – Criminal Inadmissibility

Canada allows foreign nationals to immigrate to Canada but people who are found to be criminally inadmissible may be denied entry into the country. A person who was convicted of crimes outside Canada may be considered to be inadmissible into Canada. Such a person who is considered inadmissible, may not be allowed to enter or reside in the country. Foreign nationals and permanent residents may be considered inadmissible due to reasons such as human or international rights violations, financial reasons, criminal backgrounds, health grounds and if any of their family member is inadmissible into the country.

A permanent resident of Canada or a foreign national may not be allowed to enter Canada based on security grounds, if the person has involved in terrorist activities or if he poses a threat to the security of the country. People who engage in acts of violence that might endanger the lives of the people in Canada also will be considered inadmissible. Permanent residents and foreign nationals who violate human or international rights may not be granted permission to enter into the country. People who had involved in criminal activities against humanity and war crimes may not enter into the country.

Serious criminality includes committing an offense that is punishable and for which a maximum imprisonment of ten years may be imposed. Similarly, a person who committed crimes outside Canada for which the criminal was imposed a maximum imprisonment period of ten years may not be granted entry into Canada, on grounds of serious criminality. Permanent residents and foreign nationals who involve in organized criminality and people who are members of organizations that are engaged in criminal activities such as smuggling and human trafficking, will be denied entry into Canada.

There are certain circumstances where some foreign nationals may not be allowed to enter into Canada based on health grounds, if the person’s health condition is likely to endanger public safety. Similarly, some foreign nationals, are considered inadmissible based on financial grounds, if the person is unable to support himself and if no one else is willing to support him financially. Some people are denied entry into the country for misrepresentation or if they are sponsored by people who are already inadmissible for misrepresentation. Failing to comply with the Act is one of the reasons for which a permanent resident or a foreign national may be considered inadmissible into Canada. If your accompanying family member is inadmissible into Canada, you may also be considered inadmissible.

However, if you are considered inadmissible into Canada, you still may be permitted to enter into the country if you are able to satisfy the Minister of PSEP, that your presence in Canada will not harm the country. Based on the nature of the crime and the period of time elapsed and your behavior, from the time you were sentenced, you may be allowed to enter into the country, if you meet the judicial requisites to be deemed rehabilitated and if your application for individual rehabilitation is approved. You may be permitted to enter the country, if you are granted pardon and if you receive a temporary resident permit. While applying for a temporary resident or a permanent resident visa, remember that you must provide details of your criminal background in your application.

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