Denied Entry to Canada

Temporary Visitor to Canada with Criminal Record

Temporary Visitor to Canada with Criminal Record

temporary-visitor-to-canada-with-criminal-record

Are you Temporary Visitor to Canada and got convicted with a Criminal Record?

As someone who has gone through the process of being a Temporary Visitor to Canada, you know that it is very difficult to apply and gather all documents required to be allowed entry into Canada. Travelers with criminal history have to go through an extra step by applying for Temporary Resident Permit (TRP) or Criminal Rehabilitation depending on their situation to be eligible for entry into Canada. Temporary Resident Visa are granted for individuals that either want to work, study or come for leisure purposes to Canada. If you have successfully obtained Work Permit, Study Permit or Visitor Visa to Canada and you got convicted of an offence while on temporary status in Canada such as DUI, then you have to take care of your inadmissibility first. Should you decide to apply for Permanent Residence options in the future you must have taken care of your criminal record first prior to being eligible to apply for any immigration applications.

Visitor with Criminal Inadmissibility to Canada

To be considered criminally inadmissible according to the Canadian law, it means that you have been convicted of criminal offence in the past or present. These offences can range from minor to major offences such as assault, dangerous driving, possession or trafficking controlled substances or drugs, and as previously mentioned driving under the influence of drugs or alcohol. It may be the offence that occurred in your home country might not have been severe but to determine your eligibility to enter Canada, the offence gets equated to the Canadian Criminal Code. For example, in the United States DUI is not a major offence but when you equate it to the Canadian Criminal Code, DUI is a severe offence just like a felony in the United States. Therefore, to travel to Canada you must take care of your inadmissibility first or else you will be Denied Entry into Canada.

Apply for Record Suspension if you got convicted with Criminal Record inside of Canada

A Record Suspension is for individuals that were convicted of criminal offence inside of Canada and completed whatever that was imposed on them and have shown they are law abiding citizens. So when you are eligible to apply for Record Suspension it removes your criminal record from the Canadian Police Information Centre (CPIC) database. What this means it will not show your past criminal record or record suspension. This allows individuals to find employment or apply to college or university without being judged by their past. So if you have past offence you need to get the pardon or record suspension to overcome your inadmissibility.

Who Can I apply for Record Suspension?

If you have been convicted of sexual offence involving a child, you are not eligible to apply for record suspension. Also, you are not eligible for record suspension if you have more than three offences that resulted and each offence resulted in prison time of two or more years. To be able to apply for Record Suspension you have to meet all three conditions listed below:
  • You have completed whatever that was imposed on you. For example if you had to pay a fine, serve probation, serve sentence, complete a parole or whatever else that imposed you is completed. You cannot have anything pending.
  • You have met the waiting period which is five years for summary offence and ten years for an indictable offence.
  • You have been law abiding citizen and not convicted with any new offences or charges or fees that may be outstanding (this include traffic ticks etc.)

Temporary Visitors with Criminal Record Outside of Canada

If you happen to have criminal record or health issues outside of Canada then you may be potentially be Denied Entry into Canada. To help you gain entry into Canada, you may be eligible to apply Temporary Resident Permit or Criminal Rehabilitation. Temporary Resident Permit allows you to enter Canada for only temporary basis while Criminal Rehabilitation helps you overcome your criminal or health inadmissibility for good if approved at consulate. For example, if you had a DUI on record and you need to travel to Canada for either business, leisure or family emergency then you may be eligible to apply. If you need to travel urgently then it is recommended to apply for TRP at the port of entry and get same day decision on your application. If your travel date is far away then submit your application at consulate level, because these immigration officers are more experienced than at the port of entry. If you submit your application at the consulate level, processing times are approximately 8 to 12 months. It is highly recommended to consult with an immigration expert prior to starting any immigration application. Many times clients start their own TRP or Criminal Rehabilitation application and meanwhile they don’t even qualify or they have not submitted all the documents to get the application approved. Akrami & Associates have assisted many clients successfully with TRP and Criminal Rehabilitation application and we can help you too.

Have Criminal Record as a Visitor? Contact Akrami & Associates

Travelling to Canada as a temporary visitor is not easy when you have a criminal record. There are many requirements you need to meet to be eligible for entry into Canada. Call Akrami & Associates today to help you with your inadmissibility issue to Canada. TRP, Criminal Rehabilitation and Suspension Records are not easy application to complete on your own. If you want your application to be successful then contact us today!! You can reach us at 416-477-2545 and our immigration experts are more than ready to help. With Akrami & Associates there is always a way!!

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