Refused entry to Canada: Performing artists

However famous a performer may be, anyone with a conviction on their record risks being refused entry to Canada.

Overview

Many Canadian cities, including Montreal, Toronto and Vancouver, have a thriving live music and performing arts scene. Although there is no shortage of local talent, much of the live entertainment staged in these cities comes from foreign nationals staying temporarily in Canada.

Because they have to cross the Canadian border in order to perform, inadmissibility issues can arise and artists can be refused entry, leading to last-minute cancellations and disappointed audiences.

Although an individual’s fame may lend some weight to their reasons for travelling, reputation and wealth are no guarantee that the individual will be allowed to enter Canada.

A number of “A-list” celebrities have been refused entry or told that they could not enter Canada in recent years. They include singers, actors, DJs, dancers, comedians, well-known speakers, and any member of their support teams.

Nor does the short time these individuals will spend in the country mean that they will be allowed in. Even those merely transiting through Canada on a connecting flight usually have to resolve any inadmissibility issues.

Depending on the nature of the offence and the time that has passed since your most recent offence, there are potential temporary and permanent solutions for resolving criminal inadmissibility. Whatever the reason for travelling, any individual with a criminal record is subject to strict entry requirements and to the Canadian equivalents of the offences on their record.

Applying for a Temporary Resident Permit

If you are a performer who has been arrested or convicted of a criminal offence, you may be considered criminally inadmissible to Canada.Temporary Resident Permit (TRP)is a solution that can grant temporary access to a person currently refused entry to Canada.

A temporary resident permit grants lawful entry to Canada for a set period to any individual considered criminally inadmissible.

A temporary resident permit application should only be submitted for significant travel and may be issued for a stay of up to three years, depending on the reason for entry.

Once you or your legal representative have included all the documents required for the temporary resident permit application, it must be submitted to the Canadian government for processing. If you are a US citizen or hold permanent resident status, you have 2 options for filing:

• A Canadian consulate
• A Canadian port of entry (POE) for immediate processing

Government application fee

A fee of CAD 229.77 applies to each temporary resident permit application submitted.

Applying for criminal rehabilitation

A rehabilitation certificate issued by the Canadian government is a permanent solution allowing unlimited travel to Canada. If you have been refused entry to Canada in the past, a Canadian customs officer may suggest applying for criminal rehabilitation as a way of preventing future refusals. Once an applicant is approved for criminal rehabilitation, they no longer need a temporary resident permit to enter the country.

The most important element of the application is identifying the equivalent offence under Canadian law for the purposes of the application. Individuals with serious offences on their record will face closer scrutiny during the review of the application and may also be charged a higher processing fee.

Government application fee and processing time

The typical processing time is 6 – 12 months from the submission of your application.

For non-serious criminality, the Canadian government charges a processing fee of $229.77 CAD. For serious criminality, the Canadian government charges a processing fee of $1,148.87 CAD.

Legal opinion letter

An experienced Canadian immigration lawyer can write alegal opinion letteron your behalf to support your entry to Canada. Although the letter will not cancel your inadmissibility, it can be used to supplement your temporary resident permit or criminal rehabilitation application to the Canadian government.

In addition, if you are facing a charge but have not yet been convicted, you can use this letter to demonstrate to the Canadian authorities why you should not be refused entry. In the letter, the lawyer will set out the relevant facts of your situation and explain why there are grounds for allowing you to enter Canada.

Read more about refused entry to Canada for performing artists in Canada on the Canadian government website athere.