Travelling to Canada with Criminal Record
Have you been convicted of a crime, or have committed a crime? If so, this may cause issues when you try to enter Canada. You may be found to be criminally inadmissible and be denied entry. If you currently face criminal inadmissibility issues, or you think you may face criminal inadmissibility in the future when you attempt to enter Canada, please read this blog post to find out what options are available to you.
What does inadmissible mean?
If you are found inadmissible to Canada, it simply means that Immigration, Refugees, and Citizenship Canada have determined that you are not permitted to enter Canada. There are many reasons why someone may be inadmissible to Canada, but some common reasons are:
- You are considered a security risk;
- You have been convicted of a crime, or you have committed an act outside Canada that would be a crime (also known as criminal inadmissibility);
- You have a serious medical problem;
- You have a serious financial problem;
- You misrepresented to Immigration, Refugees, and Citizenship Canada; and/or
- You have an inadmissible family member.
This blog post will focus on criminal inadmissibility.
How will it affect me if I am found criminally inadmissible?
If you are found criminally inadmissible to Canada, an Officer may deny you entry to Canada even if you are otherwise qualified to enter Canada. For example, if you are an American citizen who would normally enjoy certain privileges to enter Canada for business or leisure reasons, an Officer may deny you entry if you have been convicted of a crime in the past. In another example, if you are a person being sponsored by a spouse, and an Officer found you inadmissible due to past criminality, a permanent resident visa will not be issued.
What kinds of crimes will make me inadmissible to Canada?
Both minor and serious crimes can make you inadmissible to Canada if you have been convicted or have committed a crime, whether inside or outside Canada. This includes crimes such as:
- Theft;
- Assault;
- Disorderly conduct; and/or
- Driving while under the influence of drugs or alcohol.
Please note that you may be found criminally inadmissible even if you have not been convicted of a crime. In some situations, commission of a crime is sufficient to make you inadmissible to Canada.
How can I overcome my criminal inadmissibility to Canada?
If you wish to enter Canada, you will need to overcome your criminal inadmissibility. Depending on your situation and how long it has been since you completed your sentencing, you may apply for Criminal Rehabilitation or for a Temporary Resident Permit in order to obtain permission to enter Canada.
Applying for Criminal Rehabilitation
Not everyone is eligible for Criminal Rehabilitation. This application is only available to you if the crime was committed at least five years ago, and you completed all criminal sentencing at least five years ago. You must not have committed any offences within the last five years. If your Criminal Rehabilitation application is successful, you should not face any criminal inadmissibility issues in the future when you seek to enter Canada. You must pay a processing fee if you wish to submit an application for Criminal Rehabilitation.
Applying for a Temporary Resident Permit
- If you are not eligible to apply for Criminal Rehabilitation, but you still want to enter Canada, you will need to apply for a Temporary Resident Permit. You will need to show the Officer assessing your application that you have a good reason to enter Canada.
- If you obtain a Temporary Resident Permit, this means that Canada has granted you permission to enter Canada, despite the crimes you have committed and/or been convicted of. The Officer will issue a Temporary Resident Permit that he or she believes to be appropriate for the reason why you want to enter Canada.
- A Temporary Resident Permit can allow either a single entry or multiple entries. An expiry date is printed on the permit, and you are only allowed to stay in Canada until that date. If you wish to stay beyond the expiry date, you must apply for a new Temporary Resident Permit.
- There is also a processing fee that must be paid if you wish to submit an application for a Temporary Resident Permit.
Contact Akrami & Associates
Many people have good reason to enter Canada, but may encounter issues due to past criminal offences. However, criminal inadmissibility will cause issues when you try to enter Canada. Even if you think the offence was minor, it may make you inadmissible to Canada. It is best to contact Akrami & Associates so that we may assist you in overcoming any criminal inadmissibility issues you may face. With Akrami & Associates, there is always a way!
