Refused entry to Canada: Airline staff

If someone working in the aviation industry has a criminal record, they are very likely to face problems entering Canada.

Overview

At best, for those refused entry on criminal grounds, routes with a stopover in Canada will not be an option. This is restrictive, as they will be forced to choose flight plans that avoid Canada, potentially leading to inconvenient work schedules and stopovers at destinations they would not normally choose.

This, of course, assumes that the airline is willing to employ an individual who is criminally inadmissible.

At worst, being considered criminally inadmissible can lead to sanctions from the airline, or even dismissal. It is not uncommon for aviation staff to be suspended or placed on leave until their inadmissibility issue is resolved.

For airlines, employing staff who cannot lawfully enter a country is a serious matter. Depending on the severity of the charges on their record and the time that has passed since they completed their sentence, they may have different options available.

In serious cases, criminal inadmissibility can lead to termination of employment. Many airlines do not want to deal with the complications of supporting an inadmissible individual and are unwilling to wait for them to resolve the issue. Others may consider that an inadmissible individual does not reflect the values the airline stands for.

Port of entry officers have discretion

Even if an individual has never had trouble at a Canadian port of entry before, they can still be refused entry to Canada. Immigration officers at the border have broad latitude in carrying out their duties. Their assessment of an individual is decisive in determining whether that person is allowed into the country at that time.

Individuals can often be admitted to the country without the border officer carrying out a thorough background check.

Even if a border officer notices some blemish on an individual’s criminal record, they still have the authority to allow that person into Canada, even though the individual could technically be considered inadmissible.

A border officer may suggest that the traveller apply for aTemporary Resident Permit (TRP)orcriminal rehabilitationif they determine that the individual is criminally inadmissible to Canada. This is particularly true for aviation staff, since the nature of their profession usually presumes that there are no legal restrictions on their ability to travel.

A criminal record can affect employment

Beyond current aviation staff, criminal inadmissibility can also affect those hoping to join the aviation industry. Most airlines require detailed background checks on prospective candidates, and many airlines will not hire anyone with a criminal record.

For this reason, it is important to look into how to resolve criminal inadmissibility even before starting the job application process.

If a person finds that they are inadmissible, there are steps they can take to reduce the risk of losing job opportunities. Sometimes, providing the airline with evidence that they have begun the process of resolving their inadmissibility can ease its concerns, and their candidacy may still be considered.

What matters is showing that they are being proactive and doing everything possible to maximise their chances of resolving the issue.

There are 3 main options for individuals working in the aviation industry who wish to travel to Canada but must first overcome criminal inadmissibility:

• Applying for a Temporary Resident Permit
• Applying for criminal rehabilitation
• Legal opinion letter

Applying for a Temporary Resident Permit

If a foreign national is arrested or convicted of driving while impaired or of any other criminal offence, they 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 application should only be submitted for significant travel and may be issued for a stay of up to 3 years, depending on the reason for entry. The validity of a temporary resident permit can be extended from within Canada.

A temporary resident permit grants lawful entry to Canada for a set period. A person may apply for a temporary resident permit at any time. Unlike criminal rehabilitation, a temporary resident permit is not subject to a set waiting period linked to the completion of a sentence.

In fact, an individual may be granted a temporary resident permit while still serving part of their sentence, in certain cases.

Applying for criminal rehabilitation

Criminal rehabilitationis an application provided by the Canadian government for those who are eligible to clear their past criminal history permanently – for the purposes of entering Canada.

If an individual is approved for criminal rehabilitation, they are no longer considered inadmissible and will not need a temporary resident permit to enter the country. A criminal rehabilitation application is a one-off solution which, unlike a temporary resident permit, never needs to be renewed.

To be eligible for criminal rehabilitation:

• A person must have committed an act outside Canada that would constitute an offence under the Criminal Code of Canada.
• A person must have been convicted of, or have admitted committing, that act.
• 5 years must have passed since the completion of the full sentence or sentences. This period includes time in prison, fines and probation.

The most important element is understanding the equivalent offence in Canada. What matters is the nature and severity of the offence under the Criminal Code of Canada. The Canadian immigration authorities distinguish between offences on the basis of serious and non-serious criminality.

An experienced Canadian immigration lawyer can be very helpful when looking for the equivalent offence under Canadian law.

Legal opinion letter

An individual who has committed or been convicted of an offence can take proactive steps to avoid being considered inadmissible to Canada. One way of achieving this is through alegal opinion letteraddressed to the judicial authority hearing the case.

This letter is a document drafted by a Canadian immigration lawyer. In it, the lawyer refers to the relevant provisions of Canadian law to explain the consequences under Canadian immigration law that a guilty verdict, or a finding that a person committed an offence, would bring.

This information can help that individual decide how to respond to the criminal charges and to the various possible outcomes (a conviction, a sentence… and how each would affect their ability to travel to Canada.

Depending on the circumstances, the consequences of a sentence – and the resulting inadmissibility – can be serious. For example, someone whose job requires them to enter Canada from the United States regularly may find their livelihood threatened by a decision refusing them entry to Canada.

Likewise, an individual with family in Canada may be prevented from seeing these relatives because they have been considered inadmissible.

Read more about refused entry to Canada for airline staff on the Canadian government website athere.