Emergency Entry into Canada with Criminal Inadmissibility

Can I enter Canada for an Emergency with Criminal Inadmissibility

Gaining entry into Canada as a foreign national with criminal inadmissibility due to a past criminal record or offence can be quite a difficult procedure. This is especially the case if the foreign national has an emergency that they must attend to within Canada. This can cause immense stress for the foreign national that needs to enter Canada but is criminally inadmissible. Criminal inadmissibility is a cause for denied entry into Canada. If a foreign national would like to enter Canada, they must first overcome their criminal inadmissibility, no matter the circumstances, whether emergency or not. Therefore, in this article, I will explain how a foreign national can enter Canada with criminal inadmissibility in emergency circumstances.

What Constitutes an Emergency Entry

An emergency can be classified as several different things. However, one common factor that most, if not all, emergency circumstances have is the need to be physically present during these times. When an emergency situation occurs it is usually unexpected and requires the individual to act immediately. Emergencies can involve familial circumstances, such as a medical emergency of a relative or the death of a relative. In these circumstances, foreign nationals may be under a tight time constraint to attend a hospital or an upcoming funeral or memorial service. During these types, foreign nationals may be under overwhelming stress and worry which does not make the process of travelling much easier. Additionally, should they have criminal inadmissibility on their record, they will be denied entry into Canada.

Other reasons for emergency entry into Canada may be a pressing family matters that need the physical presence of the foreign national or an important business meeting in Canada. In these circumstances, you may include invitation letters from your family members and/or an invitation letter from the company where the business meeting is being held in order to justify your purposes of travel. However, please note that if you have a criminal offence on your record, it is ultimately your responsibility to convince the Immigration officer that you are not a risk or a threat to Canadian society during your travel to Canada.

Be Well-Prepared Prior to Travelling to Canada

Of course, the foreign national can explain their reasons for travel to the Immigration officer; however, it is ultimately up to the Immigration officer whether their reasons for travel constitute their entry into Canada. The foreign national must also have the appropriate forms and documentation in order to travel to Canada, especially if they have a criminal record or are criminally inadmissible to Canada. The foreign national should not expect an expedited process to occur only based on the fact that their reasons for travel to Canada are for emergency reasons.

If the foreign national attempts to enter Canada without the appropriate documentation with them, they will be turned away and denied entry into Canada which can ultimately waste valuable time that the foreign national needs in these emergency circumstances.

Therefore, in order to gain authorization to travel to Canada in these emergency circumstances, it is best to apply for a Temporary Resident Permit to temporarily overcome your criminal inadmissibility.

Eligibility for a Temporary Resident Permit

Before applying for a Temporary Resident Permit, it is always highly advisable to determine whether you are eligible to apply. The most important factor to consider when applying for a Temporary Resident Permit is your need to enter Canada. In these circumstances, your need to enter Canada is due to an emergency and can be potentially justified through invitation letters and other documentation. It is important to address the importance for your physical presence in Canada under these circumstances. You must also ensure that your physical presence in Canada does not pose a threat or a risk to Canadian society. In order to obtain higher chances of an approval for a Temporary Resident Permit, it is suggested to provide as much information and documentation about your criminal past or record and the imminent circumstances of the emergency. In other words, the primary goal is to convince the Immigration officer that your need to enter Canada is very important and that you will not be a threat.

Additionally, there are also specific time frames that must have passed in order for a foreign national to be eligible to apply for a Temporary Resident Permit. Specifically, five years must have completely passed since the end of the sentence imposed. It is important to recognize that the end of the sentence means that everything to do with the sentence has been completed, including any probation, etc. The five years would be counted from the day everything was successfully completed with regards to the conviction or charge.

How to Apply for a Temporary Resident Permit

At this point, if you have determined that you meet all of the eligibility requirements for a Temporary Resident Permit and you would like to apply, then you must proceed with filling out the appropriate application forms and collecting the required documentation and information. In emergency circumstances, the best route to apply for a Temporary Resident Permit is to apply at a port of entry. The reasoning for this is because if you apply at the port of entry, the Immigration officer will make a decision on the application on the same day. Therefore, if they approve your Temporary Resident Permit, you will be allowed entry into Canada the same day and you may proceed to attend to your emergency. On the other hand, if the Immigration officer decides to refuse the Temporary Resident Permit, then you will be requested to return to your country and will not be allowed entry into Canada.

Contact Akrami & Associates

It is essential that you have taken all of the aforementioned requirements and documentation into consideration before you attempt to apply for a Temporary Resident Permit in emergency circumstances. These applications are difficult applications to pursue on your own and it is highly recommended that you seek out professional and experienced help before attempting to submit the application. Here, at Akrami & Associates, we work and have experience with many different immigration issues. We have helped many of our clients that have criminal inadmissibility apply for a Temporary Resident Permit in emergency circumstances. If you believe that you may be eligible, please feel free to contact Akrami & Associates at our office at 416-477-2545 for more information or if you would like to book a consultation with an immigration professional for more advice.

With Akrami & Associates, there is always a way!