One of the grounds of inadmissibility into Canada is possession of or trafficking in drugs or controlled substances. If a person is convicted of a drug related crime then he/she is considered inadmissible into Canada.
However there are few options for those convicted, and looking to enter Canada.
In case where a person holds a conviction of drug offence on his or her record and needs to enter Canada, the best option is the Temporary Resident Permit. TRP are awarded by the minister to foreign nationals who may be barred from entering Canada as a temporary resident either because of inadmissibility or because of a failure to meet the requirements of the IRPA. TRP makes it possible to enter Canada in those situations. The applicant must have a valid reason to enter Canada.
The application criteria:
- A foreign national who is inadmissible or does not meet the requirements of the IRPA, may be eligible for a TRP if an officer believes the admission is justified in the circumstances.
- The issuing of the TRP solely relies on the discretion of the officer
- The foreign national’s circumstances have to be compelling and sufficient to be requesting an entry in Canada
- The TRP can be cancelled at any time and is usually cancelled for one of the following:
- Based on the allowance of IRPA to cancel the permit according to s.24(1)
- The permit holder leaves Canada without obtaining prior authorization to re-enter Canada
- The permit has expired
- Or the permit has been valid for years
- A TRP holder such as a foreign worker can apply for work or study permit and may even have access to health and social services
- Furthermore, TRP holders may be eligible for Permanent Residence if they remain continuously in Canada on the permit for three years and do not become inadmissible on other grounds.
Other ways for allowing an inadmissible person into Canada include:
- Pardon: a pardon may be granted under the Criminal Code, a person who is pardoned from the offence at issues is exempt from inadmissibility. A foreign pardon must be equivalent to a pardon in Canada. This applies regardless of whether the offence occurred in or outside Canada.
- Acquittal: an acquittal or finding of not guilty also exempts a person from inadmissibility. This applies regardless of whether the offence occurred in or outside Canada
- Deemed rehabilitated: a person whose conviction occurred outside Canada may be deemed rehabilitated thus removing the ground of inadmissibility if it has at least been 10 years since the completion of sentence for the crime, or the conviction is not considered serious in Canada or the conviction did not involve serious property or physical damage and did not involve a weapon, and the offence in Canada would have been punishable in Canada by a maximum term of 10 years in jail.
- Individual rehabilitation: this is not deemed rehabilitation; in this case the person must apply for rehabilitation. The person to be eligible under this must show it has been 5 years since the sentence, and the conviction equates to a hybrid or indictable offence in Canada.
For further information, contact us at Akrami & Associates.
