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In order to successfully gain entry into Canada, you must not have any inadmissibility. Inadmissibility comes in many different forms; however, the most common reason is criminal inadmissibility. For individuals with hybrid offences, they may be able to gain entry into Canada or they may be denied entry into Canada. To avoid being denied entry into Canada, there are viable options for these individuals to overcome their criminal inadmissibility. Therefore, in this article, I will address what a hybrid offence is, what options are available to individuals with hybrid offences, and much more.
First and foremost, it is important to recognize and thoroughly understand what hybrid offences are to better know what options are available to you to become admissible. Thus, when an individual is charged with offence, the Crown counsel will be the one to decide what offence you are ultimately charged with. The punishment that an individual will receive will depend on the type of offence they are charged with. For instance, depending on the offence, they can either receive a minimum or maximum penalty. Specifically, hybrid offences are unique compared to summary and indictable offences as hybrid offences are in between the two. Below, I will explain each offence in detail for you to better understand.
These types of offences are less serious compared to the other two. Therefore, the punishments for these types of offences are also less serious. For instance, the maximum punishment can either be a $5000 fine or six months of imprisonment. Keep in mind, there are certain punishments that can be more serious, such as when there is a breach of a probation order. In those cases, the maximum sentences will be higher.
In contrast to summary offences, these offences are of a more serious nature. As a result, the punishments for these types of offences are also more serious. For instance, the maximum punishment for indictable offences can vary and can include life in prison.
Lastly, hybrid offences can either be less serious or more serious. These types of offences can be applied to summary offences and/or indictable offences. These offences entirely depend on the degree of the offence. Additionally, when being charged these offences, the Crown has more discretion and flexibility with the charge and sentencing. Examples of these types of offences include “Driving While Under the Influence” or “Assault.” For those specific offences, the Crown will either determine whether the offence is a summary offence or an indictable offence. The way in which the Crown does this is by weighing the severity of the crime committed and how that individual has ultimately affected the victims.
As previously mentioned, hybrid offences entirely depend on what the Crown determines the offence to be and the severity of the punishment. Therefore, below is a list of options that are available for individuals with hybrid offences.
If your offence was a minor conviction and was treated as a summary offence, the single minor conviction will luckily not deny your entry into Canada. On the other hand, if you had more than one summary offence or have had multiple summary offences, then you may not be able to enter Canada and will be denied entry. It will only be after the completion of 5 years since the successful completion of your sentence and no other offences have occurred, that you will be permitted entry into Canada.
If your offence was a major conviction and was treated as an indictable offence, this will ultimately make you inadmissible to Canada and you will not be permitted entry into the country. For these offences, you will have to wait 10 years after the successful completion of your sentence and you must ensure that no other offences occur during this period.
In order to overcome your inadmissibility and enter Canada successfully, you can apply for a Temporary Resident Permit. However, to apply for a Temporary Resident Permit, you must have completed your sentencing effectively and 5 years must have elapsed since that completion. Additionally, no other convictions must have happened during this period in order to qualify. Keep in mind, your Temporary Resident Permit may only be approved, of course at the discretion of the Immigration officer, if your reason for travelling to Canada is justified and you do not pose any risk to Canadian society due to your inadmissibility.
Additionally, another option for individuals with hybrid offences is the Criminal Rehabilitation application. This application is submitted to the Canadian Consulate and ultimately overcomes the criminal inadmissibility for individuals with criminal history. Another benefit of this application is that when they become approved for a Criminal Rehabilitation, these individuals do not have to worry about their inadmissibility going forward. However, if they were to incur any other offences, then the Criminal Rehabilitation will become void. In order to qualify for this type of application, 5 years must have elapsed since the completion of the offence and no other offence can have occurred during that time period.
It is essential that you have taken all of the aforementioned factors and information into consideration, if you are an individual who has a hybrid offence. If you would like to apply for a Temporary Resident Permit or a Criminal Rehabilitation, it is extremely important to note that these are difficult applications to pursue on your own. It is highly recommended that you seek out professional and experienced help prior to submitting the application. Here, at Akrami & Associates, we work and have experience with many different immigration matters. We have helped many of our clients gain entry into Canada with inadmissibility. If you believe that you may be eligible to apply a Temporary Resident Permit or a Criminal Rehabilitation, please feel free to contact Akrami & Associates at our office at 416-477-2545 for more information or if you would like to book a consultation with an immigration professional for more advice.
With Akrami & Associates, there is always a way!