When somebody is convicted of a crime, you expect them to be subject to certain sanctions such as jail time, probation, fines, or rehabilitation programs. However, it is likely that your sentence also brings with it unforeseen consequences that will affect your admissibility to Canada.
When somebody is convicted of a crime, you expect them to be subject to certain sanctions such as jail time, probation, fines, or rehabilitation programs. However, it is likely that your sentence also brings with it unforeseen consequences that will affect your admissibility to Canada.
Criminal convictions can make someone criminally inadmissible to Canada, which can be burdensome to overcome. If the conviction is considered ‘non-serious,’ and there is only one conviction, then it can take ten years after the completion of all of the terms of the sentence for the convicted party to be considered rehabilitated by the passage of time, a status that would eliminate the grounds for their inadmissibility. However, not only is ten years a considerable amount of time, but the ten year period begins only after every single component of the sentence has been completed. This includes not only jail time but also probation and the payment of fines, meaning that the inability or failure to pay fines in a timely manner results in the additional punishment of increasing the amount of time you are considered inadmissible to Canada.
These additional barriers, known as collateral consequences, can accompany even seemingly minor offences. Admissibility to Canada is determined on the basis of the equivalent Canadian charge, meaning that while an offence may be classified as a misdemeanor in the United States, it could still be considered grounds for criminal inadmissibility to Canada. You may have thought you escaped the worse by accepting a plea bargain, for a wet reckless for example, but even a ‘slap on the wrist’ conviction abroad can sometimes impair your ability to enter Canada.
At the very least, criminal convictions and even criminal charges can lead to increased scrutiny at the border. When entering Canada, the onus is always on the applicant to prove they are admissible. Therefore, even if a criminal charge never resulted in a conviction, you will likely still face the additional difficulty of providing the documentary evidence that you were never convicted. In addition, if the border agent determines that regardless of whether or not you were actually convicted that you committed an act that would be considered an offence in Canada, then they are empowered to deny your entry as well. To combat such a decision it would take an individual additional resources and time to prepare their argument.
It is possible to secure entry to Canada despite criminal convictions through a temporary resident permit or criminal rehabilitation, even for sentences imposed for crimes considered ‘serious.’ However, these avenues require substantial time and effort to pursue if attempted alone and are of course not guaranteed to be successful.
To find out how to overcome the collateral consequences that may be hiding behind your criminal conviction, fill out our Free Online Assessment Form! For further questions, do not hesitate to contact us, here.
FWCanada is a Montreal-based immigration law firm that provides professional legal services on Canadian immigration. For more tips and updates on Canadian immigration follow FWCanada on Facebook, Twitter, and Linkedin.
