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How to Travel to Canada with a Criminal Record: A Guide to Understanding Criminal Inadmissibility 

If you have a criminal record, you may be barred from entering Canada. Only Canadian citizens have the automatic right to enter the country. For non-citizens, Canadian authorities may determine inadmissibility based on criminal history. If found inadmissible, you could be denied a visa or an electronic travel authorization (eTA), refused entry at the border, or even asked to leave the country. To avoid complications, individuals with criminal records should address any inadmissibility issues before planning travel to Canada.  What is Criminal Inadmissibility?  Criminal inadmissibility refers to someone being prohibited from entering or remaining in Canada due to their involvement in a crime. This could be a conviction or act committed either in or outside Canada. When determining inadmissibility, Canadian authorities consider several factors, such as: The severity of the offense  The penalty received  The time since the offense occurred or the sentence was completed  Discover if You Are Eligible for Canadian Immigration How is the Severity of an Offense Determined?  For immigration purposes, Canadian authorities classify offenses as either “criminality” or “serious criminality,” and this distinction affects how inadmissibility is determined. To assess the seriousness of an offense, you must compare it to the equivalent crime in Canada, typically under the federal Criminal Code of Canada.  Offense Categories Under Canadian Law:  Summary Offenses: These are minor offenses, comparable to misdemeanors in other countries, and usually come with lighter penalties and quicker legal processes. Examples include causing a disturbance, indecent exposure, and Indictable Offenses: More serious than summary offenses, indictable offenses are similar to felonies. Examples include robbery, drug trafficking, and aggravated assault. However, not all indictable offenses automatically qualify as “serious criminality.” Canadian authorities assess whether an offense is considered “serious criminality” based on the maximum sentence possible under Canadian law. If the crime is punishable by a maximum of 10 years or more in prison, it is classified as serious criminality.  loitering. A person who has committed a single offense equivalent to a summary offense under Canadian law may still be admissible.  Hybrid Offenses: These offenses can be prosecuted either as summary or indictable offenses. For immigration purposes, hybrid offenses are treated the same as indictable offenses when assessing criminal inadmissibility.  Who Can Be Deemed Inadmissible?  A foreign national (non-citizen and non-permanent resident) may be considered inadmissible for reasons including:  Conviction of an indictable offense in Canada or another country that would be considered indictable under Canadian law.  Committing an act outside Canada that is an offense both in the country where it occurred and under Canadian law.  You could be deemed inadmissible even if you have not been convicted, but have been arrested or charged with a crime. Multiple convictions for summary offenses (if not arising from the same incident) may also result in inadmissibility.  How Does Canada Access Foreign Criminal Records?  Canada shares criminal record information with the U.S. through travel documents. When traveling from the U.S. or applying for entry, Canadian border agents can access your criminal history via your passport or visa, which could lead to questioning or entry denial. Travelers from visa-exempt countries applying for an eTA may face similar issues.  When applying for permanent residency, foreign nationals must submit police certificates from the countries where they have lived for six months or more since turning 18. Temporary residents such as foreign workers or students may also be required to disclose their criminal history.  Can Permanent Residents Be Deemed Criminally Inadmissible?  Yes, even permanent residents of Canada can be deemed inadmissible due to “serious criminality.” However, they cannot be deemed inadmissible for less severe offenses (regular criminality). For instance, committing a serious crime like theft over CAD 5,000 or driving under the influence (post-December 2018) could jeopardize a permanent resident’s status in Canada.  How to Determine if a Foreign Offense Is Criminal in Canada?  To assess whether an offense committed abroad is considered a crime in Canada, you would compare the laws of the foreign country with Canada’s federal laws, primarily the Criminal Code of Canada. If unsure, consulting an immigration lawyer may be helpful.  Options for Overcoming Criminal Inadmissibility  If you have a criminal record and wish to enter or immigrate to Canada, you can explore several options to overcome criminal inadmissibility:  1. Temporary Resident Permit (TRP)  A TRP allows individuals with a criminal record temporary access to Canada if their reason for entry outweighs any risk posed to Canadian society. TRPs are typically issued for the duration of the visit but can be valid for up to three years. There is no guarantee of approval.  2. Deemed Rehabilitation  You may be considered “deemed rehabilitated” if immigration authorities believe you no longer pose a risk to Canada. Eligibility for deemed rehabilitation depends on:  Number and type of offenses: Deemed rehabilitation usually applies to a single conviction, and multiple convictions may disqualify you unless they are summary offenses.  Seriousness of the offense: Serious crimes are not eligible for deemed rehabilitation.  Time since the completion of the sentence: Typically, 10 years must have passed since the sentence was served for an indictable offense, or five years for a summary conviction.  No additional criminal activity: You must have remained crime-free after completing your sentence.  3. Criminal Rehabilitation  If you do not qualify for deemed rehabilitation due to serious criminality or multiple indictable offenses, you must apply for criminal rehabilitation. This is available if at least five years have passed since the completion of your sentence. Once granted, criminal rehabilitation permanently waives your inadmissibility, provided there is no further criminal activity.  4. Legal Opinion Letter  A Canadian immigration lawyer can provide a legal opinion letter outlining whether your foreign offense is equivalent to an offense under Canadian law. This letter may be helpful if you are uncertain about your admissibility or want to clarify potential immigration consequences.  Other Reasons for Inadmissibility  Criminality is not the only reason someone may be deemed inadmissible to Canada. Other factors include:  National security concerns  Human or international rights violations  Economic reasons  Health-related issues  Misrepresentation (which may result in a

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How the IRCC verifies the authenticity of your employment offer

A work offer may provide a strong basis for a Canadian immigration application. Receiving job offers and accumulating work experience in Canada are frequent requirements to be eligible for several economic immigration routes. Furthermore, obtaining a work visa through the assistance of a Canadian job offer might help people live and work in Canada prior to being granted permanent residence (PR) status. Offers of work, however, can also be used as a cover for fraud and frauds; this deceit is especially likely to target newcomers. A methodology to better comprehend document validity has been created by Immigration, Refugees, and Citizenship Canada (IRCC) in order to better assess whether an offer of employment is genuine. The IRCC determines whether: while analyzing a job offer in support of a work visa application The company that is making the job offer is “actively engaged” in the enterprise; The job offer aligns with the employer’s legitimate needs; The parameters of the employment offer are ones that the employer can fairly accept; and The employer or authorized recruiter making the job offer has demonstrated previous compliance with local, state, and federal employment laws in the province or territory where the candidate will be working. The IRCC further states that the offer of employment must include the employer’s contact information. Discover if You Are Eligible for Canadian Immigration Does the employer work directly for the company?   In this case, the IRCC considers the applicant’s ability to obtain stable employment as well as the legality of the company offering employment. In order to ascertain this, IRCC evaluates if the company: Possesses a running business; Gives a service or good; and has a physical place of employment in Canada where the candidate will be employed. Subsequently, IRCC officers evaluate the employer’s “engagement” in the firm by examining the following: Date of business launch; kind of enterprise; quantity of workers; total revenue; and main undertaking. Officers will carry out a more thorough investigation if Business data raises questions regarding active participation (e.g., the company’s one-year anniversary); and/or Information about the organization that is accessible to the public (by methods like an internet search) is scarce or nonexistent. Does the job offer align with the requirements of the employer?   Officers of the IRCC must be persuaded that the job offer is reasonable given the employer’s line of business. The position for which a candidate is being considered for employment should be one that is fairly expected in the sector or industry of the company. Additionally, employers (should the IRCC contact them) must be able to describe the position they are hiring for and how it meets a reasonable need for employment in terms of both operation (i.e., what the job will entail to meet the needs of the employer) and occupation (i.e., why this kind of professional is needed at this business). Is it reasonable for the employer to carry out the conditions of the job offer?   Employers need to demonstrate that they are able to fairly carry out the conditions stated in their employment offer letter, such as the number of hours worked, the pay rate, and any perks offered. In addition, they must be able to offer the working conditions specified in the offer, which must also meet all applicable provincial and territorial requirements. The reviewing officer may ask the employer for access to different legal and tax records if they need further information. Contracts for businesses, worker’s compensation clearance letters, employer T4 slips, and more may be examples of this. Does the employer follow the rules on hiring and employment?   The IRCC is also required to evaluate whether the company conforms with local, provincial, and federal laws pertaining to hiring and recruiting practices. At this point, any past or present infraction of federal and provincial laws in Canada will be taken into account. If a recruiter was employed to hire a foreign person, the IRCC will also evaluate whether the hiring professionals’ licenses were current at the time the job offer was made. An application may also be rejected for any employers who disobey the IRCC’s request for information. Visit our dedicated webpage here to learn more about getting a work permit in Canada. Discover if You Are Eligible for Canadian Immigration

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