Entry options to Canada with Criminal Record
Entering Canada with a Criminal RecordIf you are seeking entry to Canada and have a past criminal conviction, you will likely be inadmissible to enter Canada. So what does this mean? Canada will likely recognize it as if the crime occurred domestically. Therefore, any person who wants to enter Canada as a visitor, worker, student, or permanent resident will not be allowed entry into Canada if they:
- Were convicted of an offence outside Canada that is considered a crime within Canada;
- Committed an act that would be considered criminal in Canada but were not caught, charged, or convicted.
Criminal RehabilitationCriminal Rehabilitation is a process that allows an individual with a criminal record to permanently overcome their criminal inadmissibility for the purpose of travel to Canada. When it comes to criminal inadmissibility, a summary offence in Canada is comparable to a misdemeanor in the United States, whereas an indictable offence is similar to a felony. A conviction under either of these categories will make you “criminally inadmissible”. One thing to note is that in Canada, DUIs and dangerous driving are serious crimes warranting inadmissibility to enter Canada. Accordingly, regardless of an individual’s purpose of travel – whether it be business, family, or leisure, he or she will be denied entry unless rehabilitated. So what does it mean to be rehabilitated? It is where the offender has:
- Exhibited remorse for their actions, and
- Demonstrated that they have in fact overcome their criminal behavior.
Crime Committed in Canada?If your conviction occurred in Canada, you will have to apply for what’s called a “record suspension” in order to become admissible to Canada. You may do so with the Parole Board of Canada (https://pbc-clcc.gc.ca/index-eng.shtml) However, be mindful of the fact that if you have convictions in both inside and outside Canada, you will need to apply for both a record suspension and Criminal Rehabilitation in order to become admissible to Canada.
Temporary Resident PermitIf you are seeking entry to Canada prior to 5 years from the date of completing your sentence, you must apply for a “Temporary Resident Permit”. You can apply for this document either at the border (port of entry) or before you travel through the Canadian Consulate in the country where you live. For US, it would either be through the New York or Los Angeles Consulate. Additionally, if you need to enter Canada sooner due to exigent or urgent circumstances, you will have to apply for a temporary resident permit as it is a faster option than criminal rehabilitation, which will typically take up to a year to process.
FactorsRegardless of which re-entry permission document you apply for, an officer will consider the following when determining whether to affirm or decline the request: • The amount of your criminal conviction(s) • The nature of your criminal conviction(s) • Your acknowledgment and ownership of the offenses • Your conduct since you completed your sentence • The likelihood of relapse or repeating the offense • Your present physical and mental state of mind • The justification(s) or reason(s) you have furnished as to why you believe you are rehabilitated
What Documents are Required for Criminal RehabilitationTo apply for criminal rehabilitation, you will need to submit the following documents:
- A completed application form,
- A statement delineating your conviction(s),
- A statement substantiating your rehabilitation,
- A copy of your passport,
- Letters of reference,
- Criminal Record from the court,
- FBI Criminal Clearance,
- State Police Clearance.
Submitting Your ApplicationUpon completion of your application, you will submit your Criminal Rehabilitation application to the Consulate in New York and your Temporary Residence Permit to the Consulate in Los Angeles.
Processing Time for Criminal Rehabilitation and TRPThe duration of your processing time depends on the nature and complexity of your case. Generally, it is reasonable to expect a processing time of 1 year for criminal rehabilitation applications. On the contrary, a Temporary Resident Permit can be obtained instantly at the port of entry.
Akrami and AssociatesHere at Akrami & Associates, we have been very successful with helping our clients overcome their criminal inadmissibility. Such cases are detail oriented and document heavy, thereby demanding the expertise of a professional in ensuring a thorough and complete application is submitted. Not only will we help you complete all the necessary forms, but most importantly we will help you draft a compelling statement – which is of paramount significance to your case as the decision to affirm or decline your application is entirely at the reviewing officer’s discretion. Therefore, it is important to know exactly what the officer is looking for and we are extensively experienced with how to address their concerns effectively and obtain a decision in the affirmative. With Akrami & Associates there is always a way
Tags: canada criminal immigration lawyers, Criminal Rehabilitation, Denied Entry to Canada, DUI, entering canada with dui, Entry options to Canada with Criminal Record, Immigration Lawyer, record of suspension, Temporary Resident Permit, TRP
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