Visiting Canada with a Criminal Record
If you’re a foreign national with a criminal record looking to visit Canada, there’s a chance you could be denied entry by Canadian border services upon arrival. However, having a past criminal conviction doesn’t necessarily mean you’ll be barred from entering Canada forever.
The Millennium Immigration can help you navigate this process. Simply fill out our contact form, and one of our experts will get in touch to arrange a free consultation.
Table of Contents
- Reasons for Being Inadmissible
- Who is Affected by Inadmissibility to Canada?
- Ways to Overcome Criminal Inadmissibility
Reasons for Being Inadmissible
Foreign nationals can be deemed inadmissible to Canada for several reasons, with the most common being:
1. Criminal Record: Convictions for crimes, especially those equivalent to serious offenses in Canada.
2. Contagious Diseases: Being diagnosed with certain health conditions can lead to inadmissibility.
3. Violating Immigration Laws: Breaches of the Immigration and Refugee Protection Act (IRPA).
4. Security Risks: Being considered a threat to national security.
5. Misrepresentation: Providing false information to gain entry or maintain immigration status.
6. Financial Support: Inability to prove sufficient financial resources for your stay.
Common Offenses Leading to Inadmissibility:
Driving Offenses: DUI, DWI, and related offenses are significant reasons for inadmissibility.
Reckless Driving: Serious driving violations, regardless of whether you plan to drive in Canada.
Theft & Fraud: The seriousness of these offenses depends on the amount stolen; theft under $5,000 is less severe than theft over that amount.
Assault: Both serious and non-serious assaults can lead to inadmissibility, depending on the circumstances and whether a weapon was used.
Drug Offenses: Charges related to drug trafficking or possession can result in a finding of inadmissibility.
Overcoming Inadmissibility:
To enter Canada despite a criminal record, individuals may apply for:
Temporary Resident Permit (TRP): For temporary access under specific circumstances.
Criminal Rehabilitation: For permanent clearance of past offenses.
Important Considerations:
The classification of the offense and the time since completing the sentence will determine the steps required to overcome inadmissibility. Associated application fees vary based on the classification of the offense. If more than one sanction is imposed (e.g., jail time, probation), the date of completion of the final sanction is what counts for inadmissibility.
If you’re facing potential inadmissibility, seeking guidance from an immigration lawyer can help navigate the complexities of your situation.
Who is Affected by Inadmissibility to Canada?
Inadmissibility to Canada can significantly impact various individuals, especially those in specific situations, including:
Performing Artists: Artists touring or performing in Canada may face entry issues due to past criminal records.
Airlines and Staff: Airline personnel may encounter challenges if they have any criminal history that affects their ability to enter Canada.
Hunting or Fishing Trip Enthusiasts: Those planning recreational activities like hunting or fishing in Canada could be denied entry based on prior convictions.
Travelers to and from Alaska: Individuals transiting through Canada to reach Alaska may face inadmissibility issues.
Cross-Border Traders: Business professionals engaged in trade between countries could be impacted by their criminal history.
Transit Passengers: People merely passing through Canada en route to another destination may also be subject to inadmissibility checks.
Individuals with Canadian Criminal Charges: Those who have been charged or convicted of a crime in Canada will have a more complex situation regarding their admissibility.
For anyone in these categories, it’s crucial to understand the potential for inadmissibility and seek appropriate legal advice to navigate these challenges effectively.
Ways to Overcome Criminal Inadmissibility
Individuals facing criminal inadmissibility in Canada have three primary pathways to potentially gain entry:
1. Submit a Temporary Resident Permit (TRP) Application
A Temporary Resident Permit (TRP) can grant temporary access to Canada for individuals with past criminal convictions. It is essential for significant travel reasons and can be valid for up to three years, with the possibility of extension from within Canada.
Who Should Apply for a TRP?
Those convicted outside Canada of an offense equivalent to an indictable offense in Canada punishable by less than 10 years.
Individuals convicted of a crime equivalent to a hybrid offense (prosecuted either summarily or by indictment) with a maximum sentence of less than 10 years.
Those with two or more convictions that would be treated as summary offenses in Canada.
How to Apply for a Temporary Resident Permit:
Canadian Consulate Applications: This method is recommended for its thoroughness and higher chance of success, despite a processing time of 6 to 12 months. Submitting through a consulate allows for a decision before arriving at a Canadian border.
-Port of Entry (POE) Applications: Designed for last-minute travel, these applications are processed immediately at entry points. However, they are riskier, as applicants may be denied entry on the spot. If denied, they must wait for approval from a Canadian consulate before reapplying.
2. Submit a Criminal Rehabilitation Application
For individuals who have completed their sentences and wish for permanent clearance of past criminal history, applying for Criminal Rehabilitation is an option. This can permanently resolve inadmissibility, allowing for indefinite entry into Canada.
3. Get a Legal Opinion Letter
A legal opinion letter from a Canadian immigration lawyer can help individuals clarify their situation. It can outline the legal implications of a conviction and provide insights that may assist in entry considerations.
If you need assistance navigating these options, it’s advisable to consult a legal expert in Canadian immigration to ensure the best approach for your specific circumstances.
2. Submit a Criminal Rehabilitation Application
Criminal Rehabilitation for Entry to Canada
Criminal rehabilitation is a pathway offered by the Canadian government for individuals seeking permanent clearance of past criminal records, enabling them to enter Canada without being deemed inadmissible.
Key Features of Criminal Rehabilitation
Permanent Solution: Unlike a Temporary Resident Permit (TRP), which requires renewal, criminal rehabilitation is a one-time approval that permanently resolves inadmissibility.
No TRP Needed: Once approved, individuals no longer need a TRP for entry into Canada.
Types of Criminal Rehabilitation
1. Individual Rehabilitation: This is for individuals who do not meet the criteria for deemed rehabilitation but wish to apply for their own rehabilitation.
2. Deemed Rehabilitation: This applies automatically to individuals who meet specific conditions regarding their past convictions.
Eligibility Criteria
To be eligible for criminal rehabilitation, applicants must meet the following conditions:
The act committed outside Canada would constitute an offence under the Canadian Criminal Code.
The individual must have been convicted of or admitted to committing the act.
At least five years must have passed since completing the full sentence, which includes jail time, fines, and probation.
Serious vs. Non-Serious Criminality
Canadian immigration distinguishes between serious and non-serious criminality:
Serious Criminality:
Conviction of an indictable offence punishable by a maximum sentence of at least ten years.
Received a prison term of at least six months.
Non-Serious Criminality:
Convictions that do not meet the serious criminality criteria but still result in inadmissibility.
Application Fees
Non-Serious Criminality: $229.77 CAD
Serious Criminality: $1,148.87 CAD
Processing Times
Typical processing times for criminal rehabilitation applications range from 6 to 12 months after submission.
Conclusion
If you have a past criminal record and are considering entering Canada, it’s essential to evaluate your eligibility for criminal rehabilitation. Consulting with an immigration professional can provide guidance tailored to your situation and help facilitate the application process.
3. Get a Legal Opinion Letter
An individual facing criminal charges can take proactive steps to avoid being deemed inadmissible to Canada, one of which is obtaining a legal opinion letter.
What is a Legal Opinion Letter?
A legal opinion letter is a document crafted by a Canadian immigration attorney. It outlines the potential implications of a criminal conviction under Canadian law, specifically regarding immigration consequences.
Purpose of the Legal Opinion Letter
1. Clarification of Risks: The letter explains the sections of Canadian immigration law that relate to the charges, helping the individual understand the risks associated with a guilty verdict or finding of criminality.
2. Guidance on Legal Strategy: It provides insights into how various outcomes, such as conviction or sentencing, could affect the individual’s ability to enter Canada.
3. Mitigating Factors: The attorney can suggest alternative outcomes or lesser charges that may not lead to inadmissibility, enhancing the individual’s chances of a favorable resolution.
Importance in Court
Judges may consider the legal opinion letter when making their decisions. By presenting this information, individuals can appeal to the court’s understanding and compassion, potentially resulting in reduced charges or penalties that avoid the severe consequences of inadmissibility.
Conclusion
For those facing criminal charges, a legal opinion letter from an experienced Canadian immigration attorney can be a crucial tool in navigating the complexities of both criminal and immigration law, ultimately helping to preserve the ability to enter Canada in the future.
About THE MILLENNIUM IMMIGRATION
THE MILLENNIUM IMMIGRATION is a premier immigration law firm in Canada, with over 11 years of experience and a dedicated team of more than 60 immigration attorneys, paralegals, and professionals.
We focus on assisting clients with inadmissibility issues, ensuring we understand your specific circumstances, and crafting the most effective application for Canadian immigration authorities.
Since its inception in 2013, themillenniumimmigration.com has established itself as a trusted resource for immigration information and support. If you’re facing inadmissibility challenges, reach out to us for expert assistance. We’re here to help you realize your immigration aspirations.