Inadmissible to Canada: Discover Your Options to Visit Canada
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Are you worried about admissibility issues? Have you faced unexpected denial at the Canadian border?
Many individuals hoping to enter or immigrate to Canada are often shocked to discover that a prior criminal record can lead to a Canadian Immigration Officer refusing their entry or application due to criminal inadmissibility. If you’ve been deemed criminally inadmissible to Canada, or believe you might be, it’s crucial to know that you still have options available.
We’re here to assist you. The Millennium Immigration is a top Canadian immigration law firm with over 11 years of experience in navigating these complex issues.
Table of Contents
- Why Does Criminal History Affect Travel to Canada?
- What is Criminal Inadmissibility in Canada?
- How Does Canada Know About your Criminal Record?
- Canadian Criminal Equivalency – Why is it Important?
- Can I Enter Canada with an Old Criminal Record?
- Who is Affected by Inadmissibility to Canada?
- What Makes You Inadmissible to Canada?
- Ways to Overcome Criminal Inadmissibility
- Other Immigration or Entry Obstacles
Why Does Criminal History Affect Travel to Canada?
Canada is celebrated for its welcoming nature, accommodating millions of tourists, visitors, immigrants, foreign workers, and students every year. However, it also implements strict admissibility requirements for all foreign nationals seeking entry. One crucial aspect of this process is the examination of an individual’s criminal background.
With approximately one million international travelers arriving in Canada each month, Immigration, Refugees and Citizenship Canada (IRCC) and the Canada Border Services Agency (CBSA) place a high priority on border security. Their goal is to prevent entry for those who may pose a risk or could commit a crime during their stay.
If you have a previous criminal charge from another country, your admissibility to Canada will hinge on how that offense is classified under Canadian law. If it’s categorized as a summary offense and is your only conviction, you may be considered admissible without needing special permission. On the other hand, if it’s viewed as an indictable offense—regarded as more serious—you may be labeled criminally inadmissible. Consulting with a Canadian immigration attorney is always a prudent step to navigate these complexities and address any potential inadmissibility issues before your travel plans.
What is Criminal Inadmissibility in Canada?
Criminal inadmissibility refers to a situation where an individual is denied entry to Canada due to criminality. If you have committed an act outside Canada that is considered a crime in both that country and Canada, you could face denial at the border.
Several factors can lead to criminal inadmissibility without you ever having entered Canada:
1. Convictions Abroad: If you were convicted in another country for an act that Canadian law also deems a criminal offense, you may be deemed inadmissible. This is especially true if your crime is classified as an “indictable offense” in Canada, akin to a felony in the U.S.
2. Multiple Non-Indictable Offenses: Having two separate non-indictable offenses could also result in inadmissibility. These offenses are typically less serious, similar to misdemeanors in the U.S.
3. Arrests or Charges: Notably, a conviction isn’t always necessary for events outside Canada to lead to inadmissibility. An arrest or even a charge could trigger scrutiny from Canadian border officials.
While foreign convictions that align with the Canadian Criminal Code are the most common basis for inadmissibility, any act that violates Canadian federal law can also have similar consequences. If credible evidence suggests that you committed an act abroad that qualifies as both an offense in that country and an indictable offense in Canada, you may be considered criminally inadmissible. This can include situations where there are pending charges.
Temporary residents and applicants for permanent residency can be found criminally inadmissible if they:
Have a conviction for an offense in Canada.
Were convicted of a crime outside Canada that is recognized as illegal in both the foreign country and Canada.
Committed an act in another country that would also be punishable under Canadian law.
It’s important to remember that foreign offenses are assessed against Canadian laws and standards to determine criminal inadmissibility.
If you’ve been deemed criminally inadmissible or suspect you might be upon arrival, it’s crucial to know that there are options available. Applications for a Temporary Resident Permit (TRP) and Criminal Rehabilitation provide short-term and long-term solutions for individuals facing inadmissibility issues.
How Does Canada Know About your Criminal Record?
Canada and the United States exchange criminal history information through travel documents to enhance safety for their citizens. Regardless of how you enter Canada—by land, air, or sea—you must present a passport and any applicable visa to a border agent at the point of entry. Once your passport is processed, an immigration officer can access your federal criminal history and state police records. This may lead to questioning or even denial of entry.
At the border, there is no presumption of innocence; even pending charges can prompt further scrutiny by immigration officials. Additionally, border agents at international airports receive passenger lists and can perform background checks on travelers arriving on specific flights. If an individual with a criminal record is on board, they are likely to be flagged for additional screening upon arrival in Canada.
If you’re interested in obtaining a report similar to what border agents might see, it’s advisable to request your own FBI criminal background report.
Canadian Criminal Equivalency – Why is it Important?
Navigating the Canadian criminal code can be challenging, particularly when trying to determine how a foreign offense corresponds to Canadian law.
To assess your admissibility to Canada, it’s essential to translate your criminal record into terms that align with Canadian statutes. This translation is crucial, as it helps establish whether you can enter the country. While there are various reasons someone may be denied entry, understanding the criminal equivalency is paramount when a record is involved.
Offenses like DUI, theft, or reckless driving are typically grounds for inadmissibility since they are also considered crimes in Canada. However, if your offense is unique or uncommon, pinpointing its Canadian equivalent can be complex, requiring a nuanced understanding of Canadian law. In such cases, consulting a Canadian immigration lawyer is often advisable to navigate these intricacies.
Can I Enter Canada with an Old Criminal Record?
A common scenario at Canadian ports of entry involves foreign travelers with old criminal records. It’s crucial to understand that various factors influence admissibility to Canada, including the nature of the crime, the time since completing any sentences, and how the offense is classified under Canadian law. In some cases, time alone may not determine admissibility.
Certain offenses can qualify for rehabilitation after a waiting period of 10 years following the completion of all sentences. For instance, if you have a single DUI conviction and more than 10 years have passed since you completed your sentence, you may be deemed rehabilitated by the passage of time.
However, if your record includes more serious offenses, such as a felony in the U.S., the elapsed time may not matter for admissibility purposes. In these cases, you would need to apply for criminal rehabilitation to obtain a certificate from the Canadian government, ensuring your eligibility to enter the country.
Who is Affected by Inadmissibility to Canada?
Inadmissibility to Canada can impact a wide array of individuals, but certain groups may experience more significant personal and professional consequences. These include:
Performing Artists: Artists traveling for shows or events may face entry challenges.
Airline Staff: Crew members may encounter difficulties related to their criminal history.
Hunting and Fishing Enthusiasts: Those planning outdoor activities in Canada might find their plans hindered.
Travelers to and from Alaska: Individuals passing through Canada en route to Alaska may be affected.
Cross-Border Traders: People engaged in trade across the U.S.-Canada border need to ensure admissibility.
Transit Passengers: Travelers merely transiting through Canada can also be impacted by inadmissibility issues.
Individuals with Criminal Charges: Anyone with a criminal record or pending charges in Canada may face significant barriers to entry.
What Makes You Inadmissible to Canada?
Overcoming inadmissibility to Canada depends on the classification of the offense and how much time has passed since the completion of the sentence. Additionally, processing fees may vary based on the offense type.
Sentences can involve various penalties, which may include:
Jail Time
Probation
Fines
License Suspension
Deportation
When multiple sanctions are imposed, the date of completion of the last sentence is used to determine admissibility.
In general, any act that is considered an offense in both the country where it occurred and in Canada can lead to inadmissibility. Below are common offenses that may result in denied entry:
Common Offenses Leading to Inadmissibility
1. U.S. Driving Offenses Involving Alcohol or Drugs**
Driving-related offenses such as DUI (Driving Under the Influence) and its various forms (DWI, OWI, etc.) are often the most common reasons for inadmissibility. These offenses can result in denial regardless of whether the individual plans to drive in Canada.
2. Reckless Driving
A conviction for reckless driving is typically treated similarly to a DUI in terms of inadmissibility. Serious driving violations can hinder entry into Canada.
3. Fraud
This includes any actions intended to deprive someone of their rightful property. Theft is a prominent example, with distinctions made based on the amount involved—less than $5,000 is considered non-serious, while more is viewed as serious. Other forms of fraud, such as using a revoked credit card or issuing bad checks, can also lead to inadmissibility.
4. Assault
Assault encompasses various forms of threats or physical altercations, ranging from verbal threats to serious crimes involving weapons. Most assault incidents result in inadmissibility, especially if they involve bodily harm or the use of a weapon.
5. Drug Offenses
Charges related to drug possession, production, or distribution can result in inadmissibility. The seriousness of the offense is often determined by the type of drug involved and the context of the violation.
In summary, if you have been convicted of any of these offenses, you may consider applying for a Temporary Resident Permit (TRP) or criminal rehabilitation to address inadmissibility issues.
Ways to Overcome Criminal Inadmissibility
To address criminal inadmissibility for entry into Canada, there are three primary options:
1. Submit a Temporary Resident Permit Application
If you’ve been arrested or convicted of a DUI or another offense, you may be deemed criminally inadmissible. A Temporary Resident Permit (TRP) can provide temporary access to Canada.
Application Purpose: A TRP is suitable for significant travel needs and can be valid for stays of up to three years, with the possibility of extension from within Canada.
Eligibility: You must apply for a TRP if:
You’ve been convicted outside Canada of a crime equivalent to an indictable offense in Canada with a sentence of less than 10 years.
You’ve been convicted of a hybrid offense punishable by a sentence of less than 10 years.
You have two or more offenses that would be considered summary offenses in Canada.
A TRP application does not depend on completing a sentence; you may apply even while serving a portion of your sentence.
2. Submit a Criminal Rehabilitation Application
Criminal rehabilitation is a process offered by the Canadian government for those seeking permanent clearance from past criminal issues.
Approval Benefits: If approved, you will no longer be deemed inadmissible and won’t require a TRP for entry.
Eligibility Criteria: To qualify for criminal rehabilitation:
You must have committed an act outside Canada that constitutes an offense under Canadian law.
You must have been convicted or admitted to the act.
At least five years must have passed since completing your sentence (including jail time, fines, and probation).
Understanding the equivalent offense in Canada is crucial, as the nature of the crime impacts admissibility. Convictions that can render you inadmissible include serious criminality, such as an indictable offense with a maximum sentence of at least ten years.
Types of Criminal Rehabilitation:
Individual Rehabilitation: For specific cases.
Deemed Rehabilitation: For less serious offenses after a set period.
Costs:
$229.77 CAD for non-serious criminality.
$1,148.87 CAD for serious criminality.
Processing Time: Typically ranges from 6 to 12 months.
3. Legal Opinion Letter
A legal opinion letter can help you preemptively avoid inadmissibility. This document, prepared by a Canadian immigration lawyer, outlines the implications of a criminal conviction under Canadian immigration law.
Purpose: It helps individuals understand how various outcomes of their legal issues could impact their ability to enter Canada.
Importance: For those whose work requires frequent entry into Canada or who have family ties here, the consequences of inadmissibility can be significant.
If you have further questions about your situation, consider filling out an assessment form to speak with a legal expert at no cost.
Other Immigration or Entry Obstacles
Immigrating to Canada can indeed be a complex journey, and many applicants face challenges along the way. Here are two common issues that may arise:
1. Application Refusal
If your Canadian immigration application has been refused, there may be options to challenge the decision. It’s crucial to understand the reasons for the refusal and assess whether you can provide additional evidence or address any deficiencies in your application. Our team at Cohen Immigration Law can help you navigate this process and explore potential pathways for appeal or reapplication.
2. Medical Inadmissibility
As part of the immigration process, all principal applicants and their dependents must undergo a medical exam. If you are deemed medically inadmissible, this can hinder your application. Understanding the criteria for medical inadmissibility and the possible avenues for addressing this issue is essential. We can assist you in evaluating your situation and finding solutions.
If you’re facing any immigration-related challenges, our experienced team at Cohen Immigration Law is here to help. We’ll discuss your specific concerns and assess how we can support you in achieving your Canadian immigration goals.
About The Millennium Immigration
The Millennium Immigration is one of Canada’s premier immigration law firms, boasting over 11 years of experience. Our team consists of more than 60 dedicated Canadian immigration attorneys, paralegals, and professionals.
We specialize in helping clients navigate and resolve inadmissibility issues. Our skilled inadmissibility lawyers will thoroughly assess your situation and submit the strongest possible application to Canadian immigration authorities on your behalf.
Founded in 2013, themillenniumimmigration.com serves as the online platform for The Millennium Immigration. Since its inception, it has become one of the most trusted resources for information on immigration to Canada. Reach out to us to discuss how we can assist with your inadmissibility concerns.