If you've had a criminal history and want to immigrate to Canada, you should be aware of the crimes that will render you inadmissible.
Foreign citizens who've been prosecuted or sentenced for a criminal offense elsewhere in the world that could be regarded as an impeachable offense if perpetrated in Canada may be denied entry. Aiming to access Canada while being declared ineligible due to criminality may result in denial of the entrance. Only Canadian law regulates whether an individual with a felony conviction is allowed to cross borders. As a result, it makes no difference whether the crime is a misdemeanor or a felony when executed in the United States.
We've compiled a list of offenses that can render you ineligible to enter Canada. While this list is broad, it is far from complete, as there are many additional offenses that can make an individual ineligible to Canada, that are not listed here. If you've ever been charged or convicted of a crime, you may be criminally inadmissible to Canada provided you, as a Canadian immigrant or otherwise obtain special permission from the Canadian government.
Offenses that are Inadmissible:
Inadmissible status entails that you will not be permitted to enter Canada. One of the most important reasons for someone's inability to enter Canada is criminal inadmissibility. Understanding the different sorts of offenses in Canada might help you evaluate if your criminal charge will make you inadmissible.
The Criminal Code of Canada divides crimes into three main categories:
* Summary
* Indictable
* Hybrid
With consideration of both the offense and the sentence, straight summary offenses are usually deemed the least serious of the 3. Indictable offenses, on the other extreme, are by far more serious offenses that carry harsher penalties. A hybrid offense is one in which the prosecutor can choose whether the case will be handled "summarily" or "by indictment" depending on the nature of the accused's behavior.
It's worth noting that a foreign citizen does not have to have committed an offense in Canada to really be lawfully inadmissible. To assess whether an individual is criminally inadmissible to Canada, border and immigration officers establish the Canadian equivalent of any criminal conduct committed elsewhere.
Indictable Offense:
Criminal inadmissibility to Canada is always the result of an indictable offense. Indictable offenses include the following:
* Theft of more than $5,000 CAD
* Breaking and entering are illegal.
* Arson
* Counterfeiting
* Intentionally inflicting bodily harm
* Criminal negligence resulting in bodily damage is a serious offense.
* Discharge a handgun with the intent to injure someone
* Death as a result of a motor vehicle violation
Hybrid Offense:
Border or immigration authorities will regard a hybrid offense to be indictable when categorizing a foreign national's offense. The following are some instances of hybrid offenses that might result in criminal inadmissibility to Canada:
* Dangerous driving
* An uncomplicated assault
* Driving when inebriated (DUI)
* Driving when inebriated is illegal (DWI)
Driving while intoxicated is a common ground for a foreign national's criminal inadmissibility to Canada. Even if you were convicted of DUI many decades previously, it can still have an impact on your eligibility to enter Canada. If you've had a DUI conviction, though, you may still be able to enter Canada.
Crimes that may or may not render you ineligible to enter Canada:
While the crimes listed above can make an individual inadmissible to Canada, some offenses in the United States do not always correspond to indictable offenses in Canada. Loitering, open container charges, judicial obstruction of justice, disturbing the peace, and disorderly conduct are types of crimes that, if committed infrequently, will not automatically render a person legally inadmissible to Canada.
Even if you've never been guilty of a severe crime, you may be deemed criminally ineligible to Canada if you have two or more arrests or breaches that are considered summary offenses in Canada, such as public indecency.
If an offence in the U. S. is equivalent to a hybrid offense in Canada, a foreigner may be barred from entering the country. An arrest or conviction for marijuana possession does not automatically disqualify an American from traveling to Canada if he or she has no prior criminal record and the amount of cannabis was less than 30 grams. However, if you were condemned under legislation that covers quantities greater than 30 grams, it is your responsibility as a guest to be able to verify your admissibility if border agents question you. You can have trouble crossing the border if you've been convicted of cannabis possession with the intent to distribute rather than simple possession for private use.
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