Inadmissible to Canada: Discover Your Options to Visit Canada
Call the Millennium Immigration now for Consultation
Are you worried about admissibility challenges? Have you faced unexpected denials at the Canadian border?
Many individuals hoping to enter or immigrate to Canada are often taken aback to discover that a previous criminal record can lead to a Canadian Immigration Officer denying their entry or application due to criminal inadmissibility. If you’ve been deemed criminally inadmissible to Canada, or suspect that you might be, it’s crucial to understand that you still have options available.
We’re here to assist you. THE MILLENNIUM IMMIGRATION is a prominent with more than 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
- Frequently Asked Questions
- About The Millennium Immigration
Why Does Criminal History Affect Travel to Canada?
Canada stands out as one of the most welcoming nations in the world, inviting millions of tourists, visitors, immigrants, foreign workers, and students every year. However, Canada also enforces strict admissibility requirements that all foreign nationals must meet before entering the country, including a review of their criminal history.
Each month, around one million international travelers make their way to Canada.
The Immigration Refugees and Citizenship Canada (IRCC) and the Canada Border Services Agency (CBSA) prioritize border security, actively seeking to prevent entry to those who may pose a risk. Consequently, they are inclined to deny access to individuals who might commit crimes during their stay in Canada.
If you have a prior criminal charge from another country, your admissibility to Canada will be assessed based on how that offense aligns with Canadian law. If the crime is categorized as a summary offense and it’s your only conviction, you may be deemed admissible without needing special permission to enter. Conversely, if it’s classified as an indictable offense—considered serious criminality—you may be deemed criminally inadmissible to Canada. Regardless of your situation, it’s always advisable to consult with a Canadian immigration attorney to navigate the legal landscape and resolve any admissibility concerns before you travel.
What is Criminal Inadmissibility in Canada?
Criminal inadmissibility occurs when an individual is denied entry to Canada due to criminality. If you’ve committed an act outside Canada that qualifies as an offense in both that country and Canada, you could face denial of entry.
Here are some factors that may render you criminally inadmissible, even if you have never set foot in Canada:
1. Foreign Convictions: If you were convicted of an act in another country that Canadian law also classifies as a criminal offense, you may be considered criminally inadmissible. If Canada regards your crime as an “indictable offense”—typically more serious—this could apply. In the U.S., this is similar to a felony.
2. Multiple Non-Indictable Offenses: Having two separate non-indictable offenses may also lead to inadmissibility. These are generally less serious than indictable offenses, akin to misdemeanors in the U.S.
3. No Conviction Necessary: Importantly, a conviction is not always required for an event outside Canada to result in inadmissibility. In some cases, even an arrest or charge can prompt questioning by Canadian border authorities.
While foreign offenses equivalent to violations of the Canadian Criminal Code are the most common reasons for inadmissibility, any act that violates Canadian federal law can lead to the same result. If you’ve committed an act abroad that is both an offense in that country and an indictable offense in Canada, you may be deemed criminally inadmissible. This also applies to two or more summary offenses in Canada, with credible evidence of the act being sufficient.
Temporary residents and those applying for permanent residency may be deemed criminally inadmissible if they:
Were convicted of an offense in Canada;
Were convicted of an offense abroad that is recognized as a crime in both that country and Canada; or
Committed an act punishable in Canada that violates the laws of another country.
Keep in mind that foreign convictions and laws are evaluated against Canadian standards when assessing criminal inadmissibility.
If you’ve been found criminally inadmissible, or believe you may face such a determination upon arrival, it’s essential to know that options are still available.
The Temporary Resident Permit (TRP) and Criminal Rehabilitation applications provide short-term and long-term solutions for those deemed ineligible due to inadmissibility grounds.
How Does Canada Know About your Criminal Record?
Canada and the United States exchange criminal history information through travel documents to protect their citizens. 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 point of entry. Once your passport is processed, an immigration officer can access your federal criminal history and state police records, which may lead to questioning or even denial of entry. There is no presumption of innocence at the border, so even pending charges can prompt further scrutiny.
Border agents at international airports also receive passenger lists, allowing them to 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 and pulled aside for additional questioning upon landing in Canada.
If you’re interested in obtaining a report similar to what Canadian border officials can access, it’s advisable to request your own FBI criminal background report.
Canadian Criminal Equivalency – Why is it Important?
The Canadian criminal code is intricate, and identifying the equivalent offense for something on your record can be quite challenging.
To determine your admissibility to Canada, it’s essential 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, the translation of your criminal record into Canadian law is particularly critical when it comes to criminal issues. If your offense has a counterpart in Canada, you may be deemed inadmissible. Offenses such as DUI, theft, or reckless driving typically lead to inadmissibility, as these are also considered crimes in Canada.
In cases involving unique or uncommon offenses, finding the Canadian equivalent can be especially difficult, requiring a thorough understanding of Canadian legal standards. In such instances, it is advisable to seek help from a Canadian immigration lawyer.
Can I Enter Canada with an Old Criminal Record?
A common scenario at Canadian ports of entry involves foreign travelers with past criminal histories attempting to enter Canada. It’s crucial to understand that, depending on the nature of the crime(s) and the time that has passed since completing your sentence, the elapsed time may not always be a decisive factor in determining admissibility.
Certain offenses allow for an individual to be considered rehabilitated after waiting 10 years from the completion of their sentence. For instance, if you have a single DUI conviction and no other criminal history, and more than 10 years have passed since you completed your sentence, you may be deemed rehabilitated by the passage of time.
However, for those with more serious offenses, such as a felony in the U.S., the time elapsed since the offense may not affect your admissibility to Canada. In such cases, you will need to apply for criminal rehabilitation to obtain a certificate from the Canadian government, which confirms your admissibility to the country.
Who is Affected by Inadmissibility to Canada?
Inadmissibility to Canada can impact a wide array of individuals, but some groups may be particularly affected on personal and professional levels. These include:
Performing Artists
Airlines and Their Staff
Individuals Planning Hunting or Fishing Trips to Canada
Travelers Going to and from Alaska
Those Engaged in Cross-Border Trade
Individuals Transiting Through Canada
People Who Have Committed a Crime in Canada or Have Been Charged with One
Each of these categories may face unique challenges related to entry into Canada.
What Makes You Inadmissible to Canada?
To overcome inadmissibility and gain entry into Canada, the steps an individual must take depend on the classification of their offense and the amount of time that has passed since completing their sentence. Application processing fees may also vary based on the nature of the offense.
Sentences can involve various sanctions, which may be used individually or in combination. These can include:
Jail Time
Probation
Fines
License Suspension
Deportation
It’s important to note that when multiple sanctions are imposed, the completion date of the final sanction is what matters for Canadian inadmissibility.
As a general guideline, any act that is illegal in both the country where it occurred and in Canada can lead to inadmissibility. Below are some of the primary offenses that can result in denied entry:
U.S. Driving Offenses Involving Alcohol or Drugs
Driving-related offenses are among the most common reasons for inadmissibility. These include:
DUI (Driving Under the Influence)
DWI (Driving While Intoxicated)
DWAI (Driving While Ability Impaired)
DWUI (Driving While Under the Influence)
OWI (Operating While Intoxicated)
OUI (Operating Under the Influence)**
OMVI (Operating a Motor Vehicle While Intoxicated)**
Reckless Driving
A conviction for reckless driving is often viewed similarly to a DUI in terms of inadmissibility. Both can lead to potential entry denial, as serious driving violations can hinder one’s ability to legally enter Canada, regardless of whether the individual intends to drive there.
Fraud
Fraud encompasses any act committed with the intent to deprive another party of their rightful property, including:
Theft: Considered serious or non-serious based on the amount stolen. For example, theft under $5,000 is typically treated as non-serious, while theft over that amount is deemed serious. Aggravating factors, such as the use of a weapon, can elevate the seriousness of the crime.
Credit Card Fraud: Using a revoked or canceled credit card can lead to inadmissibility.
Bad Cheques: Knowing use of a bad cheque can also result in being deemed inadmissible.
Assault
Assault includes a range of physical altercations and threats, from minor altercations to serious crimes of violence. Most forms of assault can lead to inadmissibility. Serious factors, like the use of a weapon or inflicting bodily harm, can further increase the risk of inadmissibility.
Drug Offenses
Charges related to drug production, possession, distribution, or consumption can result in inadmissibility. The severity of the offense depends on its context and the specific substance involved. Canada classifies drugs into schedules, which affects how offenses are treated. For instance, possession of cannabis may not carry the same consequences as possession of cocaine, and the distribution of a small amount of drugs can lead to inadmissibility, while possession of that same amount might not.
Understanding these classifications and the associated processes can help individuals navigate the complexities of Canadian admissibility. If you find yourself in a situation involving potential inadmissibility, seeking guidance from a Canadian immigration lawyer is advisable.
Ways to Overcome Criminal Inadmissibility
To overcome criminal inadmissibility and gain entry to Canada, there are three primary methods available:
1) Submit a Temporary Resident Permit Application
If you are a foreign national with a DUI or another criminal conviction, you may be deemed criminally inadmissible to Canada. A Temporary Resident Permit (TRP) offers a solution, granting temporary access to those currently inadmissible.
A TRP application should be submitted for significant travel and can allow stays of up to three years, depending on the reason for entry. The duration of the TRP can also be extended from within Canada. Unlike criminal rehabilitation, applying for a TRP does not require a specific timeframe related to the completion of a sentence. In fact, it is possible to receive a TRP even while still serving part of your sentence, under certain conditions.
When is a TRP necessary?
If you have been convicted outside Canada of a crime equivalent to an indictable offense punishable by less than 10 years in Canada.
If you have a conviction for a hybrid offense that is also punishable by less than 10 years.
If you have two or more convictions that, if committed in Canada, would be considered summary offenses.
Offenses committed in Canada during a temporary stay can affect your ability to remain as a visitor or to obtain Permanent Residence (PR).
2) Submit a Criminal Rehabilitation Application
Criminal rehabilitation is an option provided by the Canadian government for those eligible for permanent clearance of past criminal history.
If approved for criminal rehabilitation, you are no longer considered inadmissible and do not need a TRP for entry. This application is a one-time solution, unlike a TRP, which requires renewal.
Eligibility for criminal rehabilitation:
You must have committed an act outside Canada that constitutes an offense under the Canadian Criminal Code.
You must have been convicted of, or admitted to, the offense.
Five years must have passed since completing your entire sentence, including jail time, fines, and probation.
Understanding the equivalent offense in Canada is crucial, as Canadian immigration authorities differentiate between serious and non-serious criminality.
There are two types of criminal rehabilitation:
Individual Rehabilitation
Deemed Rehabilitation
Application Costs:
Processing fees are CAD $229.77 for non-serious criminality and CAD $1,148.87 for serious criminality.
Processing Time:
Typically, processing times range from 6 to 12 months. For more information on costs and processing times, you can fill out an assessment form to speak with a lawyer at no cost.
3) Legal Opinion Letter
Individuals who have committed or been convicted of a crime can proactively address potential inadmissibility by obtaining a legal opinion letter from a Canadian immigration lawyer.
This letter outlines relevant sections of Canadian law and explains the implications of a guilty verdict or a finding of criminality in relation to Canadian immigration. It can assist individuals in understanding how different outcomes (such as conviction or sentencing) might impact their ability to enter Canada.
The consequences of a determination of inadmissibility can be significant. For instance, someone whose job requires frequent travel to Canada could face serious career disruptions. Similarly, individuals with family in Canada might be unable to see their loved ones due to inadmissibility issues.
Other Immigration or Entry Obstacles
Immigrating to Canada can often be a lengthy and complex journey. Many applicants encounter challenges, such as:
Application Refusal
If your Canadian immigration application has been refused, we may be able to assist in challenging that decision.
Medical Inadmissibility
As part of the immigration process, a medical exam is required for the principal applicant and all dependents. Understanding what it means to be medically inadmissible is crucial, and we can guide you through the options available.
Let our team at The Millennium Immigration assist you with your Canadian immigration application. We’ll discuss your specific situation to assess how we can best support you in overcoming these challenges.
About THE MILLENNIUM IMMIGRATION
 THE MILLENNIUM IMMIGRATION is one of Canada’s premier immigration law firms, boasting over 11 years of experience. Our dedicated team consists of more than 60 immigration attorneys, paralegals, and professionals committed to providing exceptional service.
We leverage our expertise to assist clients in overcoming inadmissibility issues. Our knowledgeable team will work closely with you to understand your circumstances and prepare the strongest possible application for Canadian immigration authorities.
Founded in 2013, themillenniumimmigration.com serves as the online platform for THE MILLENNIUM IMMIGRATION. Over the years, it has become one of the most trusted resources for information on immigration to Canada. Reach out to us today to discuss how we can assist with your inadmissibility concerns