Inadmissible to Canada: Discover Your Options to Visit Canada
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Are you worried about admissibility issues? Have you unexpectedly been turned away at the Canadian border?
Many individuals seeking to enter or immigrate to Canada are surprised to discover that a prior criminal record can lead to a refusal by a Canadian Immigration Officer based on criminal inadmissibility. If you have been deemed criminally inadmissible to Canada or suspect you may be, it’s essential to know that options are available.
We can assist you. THE MILLENNIUM IMMIGRATION is a prominent Canadian immigration law firm with over 11 years of experience.
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 renowned for its openness, welcoming millions of tourists, visitors, immigrants, foreign workers, and students each year. However, it also ensures that all foreign nationals meet its admissibility requirements before entering the country, particularly concerning criminal backgrounds.
Approximately one million international travelers enter Canada each month.
Immigration, Refugees and Citizenship Canada (IRCC) and the Canada Border Services Agency (CBSA) prioritize the security of the nation’s borders, striving to prevent entry for individuals who may pose a risk. Consequently, they are inclined to deny access to anyone likely to commit a crime during their stay.
If you have a past criminal charge from another country, your admissibility to Canada will be assessed based on how that foreign offense aligns with Canadian law. If the offense is classified as a summary conviction and is your only criminal record, you may be deemed admissible and not require special permission to enter. Conversely, if the offense is classified as an indictable offense—considered serious criminality—you may be viewed as criminally inadmissible.
Regardless of your circumstances, it is always advisable to consult with a Canadian immigration attorney to navigate the legal complexities and address any inadmissibility issues before you travel.
What is Criminal Inadmissibility in Canada?
Criminal inadmissibility refers to the denial of entry to Canada based on criminality. If you have committed an act in another country that is considered an offense both there and in Canada, you could be refused entry.
Here are some factors that might render you criminally inadmissible, even if you’ve never been to Canada:
Conviction for a Comparable Offense: If you were convicted of an act in a foreign country that Canadian law also recognizes as a crime, you may be deemed criminally inadmissible. Particularly, if Canada classifies your crime as an “indictable offense”—similar to a felony in the U.S.—this could impact your admissibility.
Multiple Non-Indictable Offenses: Having two non-indictable offenses from separate incidents can also lead to inadmissibility. These are generally considered less serious than indictable offenses, akin to misdemeanors in the U.S.
No Conviction Required: It’s important to note that a conviction isn’t necessary for events outside Canada to lead to inadmissibility. In some cases, an arrest or charge could prompt questioning by Canadian border authorities.
While foreign convictions similar to those outlined in the Canadian Criminal Code are the most common causes for inadmissibility, any offense that violates Canadian federal law can also result in a denial. If you have committed an act abroad that is both a crime there and classified as an indictable offense in Canada, you may face criminal inadmissibility. This also applies if you have multiple summary offenses in Canada—only credible evidence of the act is needed.
Temporary residents and applicants for permanent residency can be found criminally inadmissible if they:
Were convicted of an offense in Canada,
Were convicted of a crime outside Canada that is recognized as a crime in both that country and Canada, or
Committed a crime in another country that would also be punishable in Canada.
Keep in mind that foreign convictions and laws are evaluated against Canadian laws and standards when determining criminal inadmissibility.
If you have been deemed criminally inadmissible or suspect you may be upon arrival, it’s crucial to know that options exist. Applications for a Temporary Resident Permit (TRP) and Criminal Rehabilitation offer both short-term and long-term solutions for those facing inadmissibility.
How Does Canada Know About your Criminal Record?
Canada and the United States exchange criminal history information through travel documents to ensure the safety of their residents. Regardless of how you enter Canada—by land, air, or sea—you must present your passport and any applicable visa to a border agent at the port of entry.
Once your passport is processed, an immigration officer can access your federal criminal history report and state police records. This may lead to additional questioning or even denial of entry. It’s important to note that there is no presumption of innocence at the border; even pending charges can trigger further scrutiny by immigration officers.
At international airports, border agents receive passenger lists and can conduct background checks on travelers arriving on specific flights. If someone on an incoming flight has a criminal record, they are likely to be flagged for additional screening upon arrival in Canada.
If you’re interested in obtaining a report similar to what Canadian border authorities might see, it’s advisable to request your own FBI criminal background report.
Canadian Criminal Equivalency – Why is it Important?
The Canadian Criminal Code is intricate, making it challenging to find the equivalent offense for one on your record.
To determine your admissibility to Canada, it’s crucial to understand how your criminal record translates into Canadian law. Once this translation is established, it becomes easier to assess whether you can enter the country. While there are various barriers to entry, understanding the criminal equivalency is particularly vital when it comes to criminal records. If your offense aligns with a crime in Canada, you may be deemed inadmissible.
Offenses such as DUI, theft, or reckless driving typically lead to inadmissibility, as they are also considered crimes in Canada. However, it can be difficult to find the Canadian equivalent for unique or uncommon offenses, requiring a nuanced understanding of Canadian law. In such cases, it is advisable to seek assistance from a Canadian immigration lawyer to navigate the complexities of your situation.
Can I Enter Canada with an Old Criminal Record?
A common scenario at Canadian ports of entry involves foreign travelers trying to enter Canada with an old criminal history. It’s important to recognize that the nature of your offense(s), the time elapsed since completing your sentence, and the Canadian law equivalent can all influence your admissibility.
For certain crimes, an individual may be deemed rehabilitated after a waiting period of 10 years following the completion of their sentence. For instance, if you have a single DUI conviction and no other criminal history, and it has been more than 10 years since you completed your sentence, you may be considered rehabilitated by the passage of time.
However, if your record includes more serious offenses, such as a felony in the U.S., the time elapsed since the completion of the offense may not impact your admissibility. In these cases, you will 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 face significant personal and professional challenges. These include:
Performing Artists: Those involved in entertainment may find their ability to perform affected.
Airlines and Their Staff: Airline personnel may encounter barriers when traveling for work-related duties.
Hunting or Fishing Enthusiasts: Individuals planning outdoor activities, such as hunting or fishing trips, might face issues entering the country.
Travelers to and from Alaska: Those passing through Canada to reach Alaska may be impacted by inadmissibility.
Cross-Border Traders: Individuals engaged in trade between Canada and the U.S. may face complications in their business operations.
Transit Passengers: People merely transiting through Canada could be affected by any inadmissibility concerns.
Individuals with Criminal Charges: Those who have committed crimes in Canada or have been charged with offenses may find their entry denied.
Understanding these implications is crucial for anyone in these situations to navigate their travel or professional plans effectively.
What Makes You Inadmissible to Canada?
Overcoming inadmissibility to Canada depends on the classification of the offense and the time elapsed since the completion of your sentence. The application processing fees may also vary based on the offense type.
Sentences can include various sanctions, often used together, such as:
Jail Time
Probation
Fines
License Suspension
Deportation
When multiple sanctions are imposed, the completion date of the last sanction is what matters for Canadian inadmissibility.
Generally, any act that is an offense in both the country where it occurred and in Canada can lead to inadmissibility. Below are some principal offenses that may result in denied entry:
Common Offenses Leading to Inadmissibility
1. U.S. Driving Offenses Involving Alcohol or Drugs:
These are among the most frequent offenses affecting inadmissibility, including:
DUI (Driving Under the Influence)
DWI (Driving While Intoxicated)
OWI (Operating While Intoxicated)
Other variations like DWAI (Driving While Ability Impaired)
2. Reckless Driving:
Similar to DUI offenses, a reckless driving conviction can also lead to potential denial of entry. Serious driving violations, regardless of whether the individual plans to drive in Canada, may hinder entry.
3. Fraud:
This encompasses various offenses aimed at depriving another party of their rightful ownership. Theft, especially:
Under $5,000: Considered non-serious.
Over $5,000: Classified as serious criminality.
Aggravating factors, such as using a weapon or violence, can increase the severity.
4. Assault:
This includes a range of physical altercations and threats. Sexual assault is particularly serious. The use of a weapon or inflicting bodily harm makes the offense more severe, increasing the likelihood of inadmissibility.
5. Drug Offenses:
Charges related to drug production, possession, or distribution can render someone inadmissible. The nature and context of the offense, as well as the type of drug involved, play critical roles. For instance, possession of cannabis may be treated differently than possession of cocaine.
Understanding these offenses and how they relate to Canadian law is crucial for anyone concerned about admissibility issues. If you’ve been convicted of any of the offenses mentioned, options like a Temporary Resident Permit (TRP) or applying for criminal rehabilitation may be available to you.
Ways to Overcome Criminal Inadmissibility
If you’re facing criminal inadmissibility to Canada, there are three main methods to overcome this issue:
1. Temporary Resident Permit (TRP) Application
A TRP allows individuals who are criminally inadmissible to enter Canada temporarily. It is ideal for significant travel and can be valid for up to three years, depending on the reason for entry. Notably, you can apply for a TRP at any time, even if you are still serving part of your sentence.
When is a TRP required?
If you have been convicted of a crime outside Canada that is equivalent to an indictable offense in Canada, punishable by less than 10 years.
If you have two or more convictions that would be considered summary offenses in Canada.
2. Criminal Rehabilitation Application
Criminal rehabilitation is a long-term solution for those looking to clear past criminal history for permanent entry into Canada. If approved, you will no longer be deemed inadmissible and won’t need a TRP.
Eligibility requirements:
The offense must be equivalent to a Canadian crime.
You must have been convicted or admitted to the offense.
At least five years must have passed since the completion of your sentence.
Types of Rehabilitation:
Individual Rehabilitation: For those who apply based on their circumstances.
Deemed Rehabilitation: Automatically applies in specific cases after a set period.
Costs and Processing Time:
Fees are $229.77 CAD for non-serious criminality and $1,148.87 CAD for serious criminality.
Processing typically takes 6-12 months.
3. Legal Opinion Letter
A legal opinion letter is a proactive measure. This document, drafted by a Canadian immigration lawyer, outlines the potential implications of a conviction on your ability to enter Canada. It can guide your response to any charges and help you understand the consequences.
Why consider a Legal Opinion Letter?
It can clarify how different outcomes (like a conviction) might affect your admissibility.
It’s particularly useful for individuals whose employment requires frequent travel to Canada or those with family ties in the country.
Conclusion
Each method has its own process and implications, and the right choice will depend on your individual circumstances. If you’re unsure which path to take or have specific questions, consulting with an immigration lawyer can provide personalized guidance and support.
Other Immigration or Entry Obstacles
Navigating the immigration process to Canada can be challenging, and many applicants face common issues such as:
Application Refusal
If your Canadian immigration application has been refused, it’s important to know that you may have options to challenge the decision. Our team at THE MILLENNIUM IMMIGRATION can help you understand the grounds for refusal and guide you through the process of appealing or reapplying.
Medical Inadmissibility
A medical exam is required for the principal applicant and all dependents during the immigration process. Being deemed medically inadmissible can complicate your application. We can help you understand what this means and explore your options for overcoming medical inadmissibility.
How We Can Help
At THE MILLENNIUM IMMIGRATION, our experienced team is here to assist you with your Canadian immigration application. We will discuss your specific immigration challenges and provide tailored advice on how to move forward. Let us support you in achieving your immigration goals!
About THE MILLENNIUM IMMIGRATION
THE MILLENNIUM IMMIGRATION is a leading immigration law firm in Canada, with over 11 years of experience and a dedicated team of more than 60 immigration attorneys and professionals.
We focus on helping clients navigate inadmissibility issues, utilizing our expertise to address complex situations. Our team of specialized lawyers will carefully evaluate your circumstances and develop the strongest possible application for Canadian immigration authorities.
Since its inception in 2013, themillenniumimmigration.com has served as the online platform for THE MILLENNIUM IMMIGRATION, becoming a trusted resource for those seeking immigration to Canada. If you have concerns about inadmissibility, reach out to us to discover how we can help you overcome these obstacles.