Being convicted for larceny will most likely result in being criminally inadmissible to Canada.
In Canada, if a person was charged with a crime that would be considered an indictable offense in Canada, they would be deemed criminally inadmissible and will be unable to enter the country. Any offense that is considered to be a hybrid offense in Canada will also lead to inadmissibility. Under Canadian law, larceny is classified as a hybrid offense, which means that a larceny charge would make a person inadmissible to Canada.
Even with a larceny charge, it is possible for a foreign national to enter Canada if they pursue either a Temporary Resident Permit or Criminal Rehabilitation.
Criminal Rehabilitation
Criminal Rehabilitation will apply in cases where more than five years have passed since the entire sentence was finished, including probation or other conditional sentences. Criminal Rehabilitation will allow a person to enter Canada and will permanently resolve the inadmissible status, giving the individual a clean slate and the ability to freely travel to Canada so long as another crime is not committed.
In some cases, a person can overcome the inadmissibility as a result of their larceny conviction based on the passage of time. If more than 10 years have passed since the completion of the sentence, and the individual only has one “non-serious” conviction, deemed rehabilitation is a possibility. When a person is deemed rehabilitated by the passage of time, they are no longer inadmissible and are able to travel to Canada without being required to apply for any kind of permit. FWCanada recommends that individuals who are deemed rehabilitated bring a legal opinion letter to the immigration officials at the time of entry to Canada to confirm that the person is admissible.
Temporary Resident Permit (TRP)
Temporary Resident Permits or TRPs are a temporary solution to inadmissibility and will allow a criminally inadmissible individual to enter Canada for a set period of time for a specific reason. The applicant must demonstrate on their application their need for entry into Canada, and the reasons cited tend to be focused on work or family commitments or emergency situations.
TRPs are generally used in cases where less than five years have passed so the person is not yet eligible for Criminal Rehabilitation or in cases where a Criminal Rehabilitation application has already been submitted but the person needs to enter Canada while their application is being processed.
FWCanada provides a free assessment form, which will help determine your eligibility. An immigration attorney will give you peace of mind as well as the assurance of a complete and well rounded application – 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.
