Under the Immigration and Refugee Protection Act, foreign nationals and permanent residents can be found inadmissible to Canada on several grounds. Criminal inadmissibility under IRPA s.36 is one of the most common — and one of the most complex areas of immigration law.
Grounds for Criminal Inadmissibility (IRPA s.36)
Serious Criminality (s.36(1))
Criminality (s.36(2))
Legal Remedies
1. Temporary Resident Permit (TRP)
A TRP allows an inadmissible person to enter or remain in Canada temporarily if justified by a compelling need to be in Canada that outweighs the health or safety risk. TRPs can be issued at a port of entry or through an application to IRCC.
2. Criminal Rehabilitation
Available to individuals who have completed all sentences and conditions at least 5 years prior. Criminal rehabilitation, if approved, permanently resolves the inadmissibility. For less serious offences, deemed rehabilitation may apply automatically after 10 years.
3. Legal Opinion Letters
In some cases, we can provide legal arguments that the foreign offence does not have a Canadian equivalent, or that the equivalency analysis results in a non-inadmissible finding.
4. Appeals
Permanent residents found inadmissible may appeal to the Immigration Appeal Division (IAD). The IAD can consider humanitarian and compassionate factors in deciding whether to allow the appeal.
Misrepresentation (IRPA s.40)
Misrepresentation on an immigration application carries a 5-year ban from applying for any immigration status. We represent clients at admissibility hearings and prepare submissions to overturn or mitigate misrepresentation findings.
Get Professional Help
Criminal inadmissibility cases require careful legal analysis of foreign law equivalency, sentencing, and available remedies. Contact us for a confidential assessment of your case.