Corporate Services – Inadmissibility

REFUSED BASED ON CRIMINAL INADMISSIBILITY?

Having a criminal record can make international travel and migration difficult. This is no less true in the context of Canadian immigration. For those applying to enter Canada on a temporary or permanent basis, having a criminal record can potentially result in criminal inadmissibility as well as an unsuccessful application. Additionally, for individuals already in Canada with temporary or permanent resident status, being convicted of a crime in Canada can result in status revocation and removal from the country. If this occurs, the individual will be unable to return until the convictions have been removed from their record or a temporary resident permit is obtained.

Article 36 of the Immigration and Refugee Protection Act (the Act) sets out the circumstances in which a foreign national or permanent resident would be considered inadmissible, whether convicted inside or outside of Canada. It also addresses situations of possible consideration to overcome criminal inadmissibility, inclusive of: being deemed rehabilitated, applying for rehabilitation to Citizenship and Immigration Canada, and obtaining a pardon or record suspension.

With respect to convictions that occur inside of Canada (according to the Act), there is no option to be deemed rehabilitated or to apply for rehabilitation. In most cases, the sole recourse is to obtain a record suspension (formerly referred to as a pardon) from the Parole Board of Canada (PBC).

Prior to 2012, getting a record suspension from the PBC was relatively easy and inexpensive. However, in 2012, changes to the Criminal Records Act came into force, making obtaining a record suspension in Canada more difficult. Among the more significant changes were quadrupling application fees (from $150 to $631, even for less serious offences) and a considerable increase in the waiting period before a person would be eligible to apply for a record suspension after completing their sentence.

Unsurprisingly, these changes resulted in a staggering drop in the amount of record suspension applications received by the PBC. Compared to 2011-2012 levels, the amount of applications received last year dropped by over fifty percent.

Many critics have called these changes punitive and disproportionate because the old system was generally considered to be working fine. To wit, the recidivism rate for individuals who obtain record suspensions was last measured to be less than 1 percent.

However, good news may be on the way for those people (including foreign nationals and permanent residents) with Canadian criminal records seeking a second chance through obtaining a record suspension as the changes made in 2012 may soon be reversed.

It remains to be seen what changes will be implemented by the new government and when these changes will occur; a reduction in fees and waiting times is expected, along with a return to the term “pardon”.

For more information on Criminal Inadmissibility, please click here.

Should a critical employee be deemed inadmissible and denied entry/removed from Canada, our team at Bellissimo Immigration Law Group can help you. We have extensive experience with criminal cases. We are familiar with the legal processes that would allow your employee to overcome this inadmissibility.

A foreign national or permanent resident is deemed criminally inadmissible after being convicted under any Act of Parliament, with the most prevalent being the Criminal Code of Canada (CCC) andthe Controlled Drugs and Substances Act.

For more information on how Bellissimo Immigration Law Group PC can assistwith your criminal inadmissibility, please select one of the following:

Mario D. Bellissimo is the Co-Author of a publication which provides a comprehensive analysis of the legislative framework and the jurisprudence in the areas of immigration and criminal law, and their intersection.

Click here to order Canadian Citizenship and Immigration Inadmissibility Law

Inadmissibility Testimonials

Important Immigration Court Decisions

I have been told by a lawyer that I could get a work permit for my type of job. It is in high demand. I do not have any papers and cannot afford the process right now more in terms of time and also cost. I am working and doing okay so how long can I wait? If you publish this question please do not list my name or my job. Thank you.

Your question reminds me of people in the United States who for reasons of accessibility – cost, time – do not get the medical attention they need and conditions that are minor become very serious, if not fatal. The same holds true in your case. You are here without status but it appears you would qualify for a work permit and make a welcome addition to Canada. If you wait though, your chances of becoming inadmissible to Canada and subject to enforcement (removal) by the Canada Border Services Agency becomes very high. If being in Canada is important to you make the time to do things right. Most reputable lawyers have payment plans and will work with you to ensure your case receives the immediate attention it deserves. Do not become one of those bad immigration stories where people wonder how someone who can make an important contribution is being deported. I cannot tell you how many times in my career I have been saddened by good people in major trouble who I wished came in to see me a few months before. I would imagine that is also how doctors feel from time to time. Good luck!

Although a Canadian citizen I am very interested in immigration law and the flow of people to our country. I read your column with much interest. What do you make of these 41,000 missing illegal immigrants listed in the Auditor General’s Report? How many of these people have criminal backgrounds?

Illegal documented immigrants include rejected refugee claimants or Humanitarian and Compassionate (H&C) applicants or those who hold an expired work, study or visitor permit but have remained in Canada and gone “underground”. Undocumented persons are those who do not hold any identity documents, including people who were trafficked illegally into Canada for various purposes. Estimates on the number of undocumented persons range from 10,000 to 200,000 and as high as one million. Recent testimony from the Canada Border Services Agency (CBSA) before the Standing Committee on Immigration indicated that about 8% of those in the working inventory who are ready for removal have criminal backgrounds. So a percentage, but I would suspect a low percentage of these 41,000.00 have criminal backgrounds. The last fiscal year the CBSA spent about $23,433,000 on the removals program. For more info visit my website, under my blog Ask A Specialist. Thank you for your question.

I applied for permanent residency from within Canada, and my teenager son was part of my application. We were found to be inadmissible, because my son had a conviction for “theft under $5000”. We were devastated, as we made Canada our home, all our relatives are here, we bought assets here, etc. We applied for and were granted leave at the Federal Court of Canada. At the judicial review in Court, our case was sent back to the visa office for re-determination. Meanwhile, our son was sent back home, to our country of origin, because of his conviction. At the re-determination, our case was refused again. I applied again for leave and I was told that my file will be sent back for re-determination, on a priority basis. How long does it take for re-determination and how can my son return to Canada?

There is no set time period for a re-determination as it depends on the number of applications, staff at the respective visa office, priority of the case, etc. But, I would assume it will take a couple of months to have your case re-assessed, analyzed and re-determined. I assume that your son is still dependent on you (financially – in school), and therefore, you most likely will have to request a TRP (temporary resident permit), including your son in the application as well. After a certain period of time after his sentence is completed, he may apply for a pardon of his conviction in Canada. It is not an easy or fast procedure. Once the pardon is granted and his record is clean, you then have to apply for permanent residency. Until then, you will all be inadmissible and require TRPs to remain in Canada. As your case is not simple, I would suggest that you seek the advice of a counsel.

LATEST IMMIGRATION COURT DECISIONS

Criminality Cases

Open

JEYALOLIPAVAN V. CANADA (2013 FC 199)
KEY PARAGRAPHS: 28, 29, 30, 31
CARAAN V. CANADA (2013 FC 360)
KEY PARAGRAPHS: 42, 43, 51, 55
PADILLA V. CANADA (2013 FC 247)
KEY PARAGRAPHS: 56, 60, 86, 87, 88
AZADI V. CANADA (2012 FC 1163)
KEY PARAGRAPHS: 38, 39, 40, 41
FINTA V. CANADA (PUBLIC SAFETY AND EMERGENCY PREPAREDNESS) (2012 FC 1127)
KEY PARAGRAPHS: 44, 45

Security Cases (A34)

Open

CANADA (MINISTER OF CITIZENSHIP AND IMMIGRATION) V. HARKAT (2014 SCC 37)
KEY PARAGRAPHS: 60, 73, 76, 90, 93, 99, 110, 111, 112
OKOMANIUK V. CANADA (2013 FC 473)
KEY PARAGRAPHS: 27, 78, 34, 35
GHAFFARI V. CANADA (2013 FC 674)
KEY PARAGRAPHS: 22, 23
K. (T.) V. CANADA (2013 FC 327)
KEY PARAGRAPHS: 111, 117
HABTEAB KFLESUS V. CANADA (2011 FC 1214)
KEY PARAGRAPHS: 95, 96, 97
KHALIL V. CANADA (2011 FC 1332)
KEY PARAGRAPH: 58
PEREZ VILLEGAS V. CANADA (2011 FC 105)
KEY PARAGRAPHS: 42, 48, 49, 51, 57, 58
SHANMUGASUNDARAM V. CANADA (2010 FCA 900)
KEY PARAGRAPHS: 30, 31, 40
GEBREAB V. CANADA (2010 FCA 274)
KEY PARAGRAPHS: 30, 32
TORONTO COALITION TO STOP THE WAR V. CANADA (PUBLIC SAFETY AND EMERGENCY PREPAREDNESS) (2010 FC 957)
KEY PARAGRAPHS: 145, 148, 157

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Nicole Goodman

Highly recommend Bellissimo Law Group. They really came through for my family and although it was expensive, it was worth every penny. If you’re worried about your immigration application it helps to know you have a great team behind you and that you’re definitely submitting a strong application. Thanks again to Bellissimo law group for their patience and expertise. We will always recommend you to anyone looking to immigrate to Canada.

Steve Felder

I have consulted with many immigration lawyers. Mario and Hannah were extremely professional, very clear and realistic.

Kanagasabapathy Vijay Kumar

It's been a very good experience working with Bellissimo Immigration Law Group PC. The wealth of experience and professionalism they bring to the table is fantastic. Their professional approach, meticulous planning, their relentless push to get everything they want to compile a flawless submission document was amazing. Overall, they work very hard to get positive results and I am impressed with their services.

Irene Greaves

Our special thanks to Ms Keely Anderson and Ms Alexandra Goncharova for their efforts and due diligence in pulling together a compelling submission in support of my husband’s rehabilitation application due to criminal inadmissibility. This was a complex case, refused once because of incompleteness and lack of transparency then put on hold for 2 years due to the covid pandemic. We subsequently reapplied with BLG upon the advice that they were the best. It was a long journey and they don’t come cheap but the result speaks for itself. We were invited to meet with the Reviewing Officer in IRCC London who said the application was so well documented that no questions remained and we were granted approval then and there. It’s been a 5-year journey but the freedom one feels to be able to travel back and forth with my husband to Canada cannot be underestimated. We are now free to apply for my husband’s permanent residency for which we will always be grateful to BLG for making it possible. Thank you.

Charles Andoscia

I was immigrating from the United States to Canada. Whole process went very smooth. Viola Gniadek provided me with very clear Instructions and was there any time I had a question to help me through the process. She deserves more than 5 stars! I would recommend this firm to anyone interested in immigrating.

Arman Hamzehlou Kahrizi

My wife and I worked with Bellissimo Law Group on a very complex spousal sponsorship application. Our relationship started long-distance and lasted three years before we got married, without having met in person. This raised several red flags in the immigration process. From the beginning, we knew we were facing a difficult case that needed serious legal guidance. After doing thorough research, Bellissimo stood out for their experience with complicated immigration cases, and they lived up to that reputation.

Our consultant and main point of contact was Viola Gniadek. She was professional, honest, and very precise. She responded to our concerns whenever something about the case worried us and was always flexible with us in terms of availability. I remember it was during a weekend and she was still double-checking and completing our forms as we had a submission deadline on Monday. You will be lucky to have her handle your case. The firm took time to understand the complexity of our case and worked closely with us over several months to prepare over 300 pages of documentation. What I appreciated most was how careful they were with every word submitted. In immigration law, even one unnecessary detail can be used against you, and Bellissimo knew how to manage that risk with skill and strategy.

With their guidance, we submitted a Temporary Resident Visa (TRV) application, even though they had warned us clearly that, due to the circumstances and the country involved, there was a high chance of refusal. But they also had a plan in place from the start to appeal it if that happened. The TRV was refused, as expected, but we followed through on the appeal. IRCC later offered us a settlement, and our application was reopened. We were given a second chance, and even without much new documentation, the TRV was approved within 15 days of reopening. That moment changed everything.

Thanks to that approval, my wife and I have been together in Canada since March 20. Her spousal sponsorship application was finalized and approved shortly after, but had we not pursued and won the TRV appeal, we would likely still be separated due to delays with passport stamping and processing. That TRV win was a turning point not just legally, but personally.

Later, we were invited for a spousal sponsorship interview, which showed that the officer remained skeptical of our case. Bellissimo helped us prepare thoroughly for the interview, which was a separate legal process with additional fees. But the preparation paid off. After seeing how our TRV refusal had been overturned and how well our case had been built, it would have been very difficult for an officer to justify a refusal at that point. It was clear to them that we were not only committed but had the legal backing to defend ourselves through every stage of the system.

One important thing I want to stress is that just because you can apply on your own does not mean you always should. I have seen people succeed without a lawyer, and I have seen many people fail and remain stuck in the system for years due to refusals or misrepresentation. Legal support is expensive, yes, but you need to consider what is truly at stake. Your future, your time, your peace of mind, and your chance to be with the person you love, these are far more valuable than saving a bit of money upfront.

Also, do not assume that a cheaper option means better value. It might cost less, but if they do not understand the complexity of your case or submit something careless, it could cost you far more in the long run. This is your life. Do not cheap out.

If your case is complicated like ours, Bellissimo Law Group is absolutely worth it. They do not make empty promises. They know exactly what they are doing. I am deeply grateful for their work and recommend them without hesitation. Thank you, Mr. Bellissimo and the entire team.

soul traore

I recently had the pleasure of working with Bellissimo Law Group to resolve a misrepresentation issue on my permanent residency application, and I cannot recommend them highly enough. From the very beginning, their team was incredibly responsive and attentive, making sure I was informed and comfortable with every step of the process.

Their expertise and dedication were evident throughout my case. They meticulously reviewed all the details, provided clear and professional advice, and guided me through the complex legal landscape with ease. Their support was unwavering, and they always made themselves available to answer any questions or concerns I had.

Thanks to Bellissimo Law Group, my permanent residency application was successfully resolved, and I am now a proud resident of Canada. If you are looking for a law firm that truly cares about their clients and delivers outstanding results, look no further than Bellissimo Law Group.

M. Pidlaoan

I highly recommended Bellissimo Law Group for both legal and the process of application for immigration. The team handled my 2 cases brilliantly. They are very knowledgeable and the work and service are outstanding and very professionally done. Viola Gniadek, Christopher Colette and Punya Bagga handled my first case for my nephews and Michelle Boeriu on the second case for my brother. These two cases have been approved. Thank you with all my heart for the job well done. I really appreciate your valuable work and services. I would like to express my deepest gratitude to the team and Belllissimo Law Group.

Arwen Zemborain

I scheduled a consultation with Bellissimo Immigration Law Group and was incredibly pleased with how helpful they were. Not one, but two lawyers were on the call to advise me, and they took the time to look into all possible immigration options for me and my family. I had done a lot of research prior to speaking with them, but that consultation made me realize how difficult the process would be without a law firm that keeps up with the frequent policy changes. They offered invaluable advice and I will definitely hire them to create my profile when I have everything together.