Travelling to Canada with a Criminal Record
If you have tried to enter Canada and unfortunately were denied entry, there are many different reasons why this may have happened. Inadmissibility can often be the result for denial and it can be explained by any criminal offences you have incurred in the past. Due to your criminality and inadmissibility, the best option to go with in order to enter Canada, is to file an application for Temporary Resident Permit. This permit is for any foreign national that is otherwise inadmissible; however, they have a justified reason for travelling and entering Canada.
Who Needs a Temporary Resident Permit?
A Temporary Resident Permit (TRP) is a document that is issued to overcome your inadmissibility to Canada on temporary basis. If you have an urgent travel date and come from a visa exempt country such as United States then you can submit your application at the port of entry. When submitting your application at the port of entry you can get same day decision on your application whereas if you submit at the consulate level you have to wait 8 to 12 months for processing. Unfortunately, not everyone can apply at the port of entry; if you come from non-visa exempt country such as India and have a criminal record then you can only apply at the consulate level. If your travel date is not urgent and you have the option of submitting at the port of entry or consulate then submit at the consulate level. Immigration officers are far more informed about different inadmissibility issues than an immigration officer at the port of entry.
Chances of Getting a Temporary Resident Permit
A TRP allows you to enter or stay in Canada depending on
- How many offences you have on record
- How long ago the offence occurred
- What you have served and completed for the sentence imposed
- Reason for entry into Canada (business, leisure, family emergency)
- Need versus Risk
- Your current situation
Unfortunately, if the offence occurred less than 5 years ago then the only option is the Temporary Resident Permit until you are eligible for the permanent document Criminal Rehabilitation. Again, what you are eligible for is determined based on the points mentioned above.
Reasons you can be Denied Entry to Canada
You may start to wonder what constitutes inadmissibility. Of course, criminality will be a significant factor with regards to inadmissibility. But it is important and beneficial for you to understand the specific reasons for inadmissibility. Below will discuss some reasons you may Denied Entry to Canada.
A person may be denied a visa or an Electronic Travel Authorization (eTA), refused entry to or removed from Canada for any of the following reasons:
- Security Reasons, including:
– espionage
– subversion (attempts to overthrow a government, etc.)
– violence or terrorism, or
– membership in an organization involved in any of these - Human or international rights violations, including:
– war crimes
– crimes against humanity
– being a senior official in a government engaged in gross human rights violations or subject to international sanctions - Committing a serious crime that would be punishable by a maximum prison term of at least 10 years in Canada
- Having been convicted of a crime, including driving while under the influence of drugs or alcohol
- Organized crime, including membership in an organization that takes part in organized criminal activity, people smuggling, or money laundering
- Health grounds – if their condition is likely to:
– endanger public health or public safety, or
– cause excessive demands on health and social services (some exceptions exist) - Financial reasons – if they are unable or unwilling to support themselves or their family members
- Misrepresentation, which including providing false information or withholding information directly related to decisions made under the Immigration and Refugee Protection Act (IRPA)
- Failure to comply with any provision of IRPA or,
- Having an inadmissible family member
Should I submit my own Application or Hire Representation
- Now that you understand what inadmissibility means and what factors are considered when issuing inadmissibility, how can you proceed with seeing if you are eligible for TRP? The most important reasoning for eligibility for TRP is that your travel and visit to Canada must outweigh the health and/or safety risks to Canadian society. Depending on your specific case and circumstance, your criminality or inadmissibility may seem minor or insignificant; however, it is crucial that you demonstrate that your visit is justified and you support this by providing proper documentation and forms.
- At Akrami & Associates, we will assist you and inform you on which documents and forms are needed and ensure they are completed diligently. When you hire Akrami & Associates, we guarantee that your application is strong and supported by the important documentation, that way when the immigration officer reviews it, you will have a very strong case.
- Please note that once we submit the TRP application, we cannot guarantee that you will be issued a TRP as this decision is made by the immigration or border services officer and they have the authority to either accept or deny your application. Additionally, the permit may be cancelled at any point in time by the officer. Once you exit Canada, the permit will no longer be valid, unless you have authorization to leave and re-enter the country.
- Furthermore, a TRP is for one time access into Canada. If you will need to come back to Canada more than once and have a criminal record, we advise you also apply for a Criminal Rehabilitation application. This will ensure that your criminality will be expunged and you will no longer have inadmissibility in the future when entering Canada. Please see our blog post on this matter if you are interested in achieving rehabilitation.
Contact Akrami & Associates
If you are interested in getting the process started, in order for you to enter Canada, Akrami & Associates would be more than happy to help you. We are a group of highly skilled professionals that have had experience with these specific cases. Feel free to contact our office at 416-477-2545 for more information or if you want to book a consultation with an immigration professional for more advice. With Akrami & Associates, there is always a way!
