Are you concerned about admissibility issues? Have you unexpectedly been refused entry at the Canadian border?
Many people wishing to enter or settle in Canada are surprised to learn that a previous criminal history may lead a Canadian immigration officer to refuse their entry or their application on grounds of criminal inadmissibility.
Where a person is found criminally inadmissible to Canada, or thinks they may be inadmissible, they should know that options remain open.
A detailed article aboutGuidance on answering CBSA questions on entry to Canada, by category.
Contents
Why does a criminal record affect entry to Canada?
Canada is one of the most open countries in the world, welcoming millions of visitors, immigrants, foreign workers and international students each year. At the same time, Canada ensures that every foreign national meets the admissibility requirements before being allowed into the country. One of the areas Canada examines is their criminal record.
Around a million international visitors enter Canada each month.
Immigration, Refugees and Citizenship Canada (IRCC)and the Canada Border Services Agency (CBSA) place great importance on protecting the national border from those who may pose a risk. For this reason, they have an incentive to refuse entry to anyone likely to commit an offence during their time in Canada.
Where a person has previous criminal charges in a foreign country, their admissibility to Canada is calculated on the basis of the equivalence of the foreign offence to Canadian law. Where the offence is treated as minor and it is their only conviction, they may be considered admissible to Canada and need no entry permit.
Where the offence is treated as serious — defined as serious criminality — they may be found criminally inadmissible to Canada. Whatever the situation, it is always advisable to consult a Canadian immigration lawyer to understand the law and resolve admissibility issues before travelling.
Driving while impaired may also be a criminal offence. Read the detailed article onDriving under the influence (DUI) in Canada.
Considering a residency programme? The Prosperous Living Investment team assesses your profile free of charge and advises on the pathway that fits your goals.
Why you were refused entry
Criminal inadmissibility is where an individual is refused entry to Canada on criminal grounds. Where a person has committed an act outside Canada that is an offence both in the country where it occurred and in Canada, they may be refused entry.
Below are some of the factors that may make a person criminally inadmissible without ever having set foot in Canada:
- Where a person has been convicted in a foreign country of an act that Canadian law also recognises as an offence. They may be found criminally inadmissible if Canada treats their offence as “serious criminality”, which usually indicates a more serious offence. In the United States, this equates to a felony.
- Where a person has two non-serious offences arising from separate incidents, they may also be inadmissible. As the name suggests, these are less serious than serious criminality, and usually equate to misdemeanours in the United States.
Note that a conviction is not necessary for events occurring outside Canada to lead to inadmissibility. In some cases, an arrest or a charge may lead to questioning by the Canadian border authorities.
Although an offence equivalent to one under the Canadian Criminal Code is the most common cause of inadmissibility, an offence equivalent to one under any Canadian federal statute may also lead to inadmissibility.
Where a person is found to have committed an act in a foreign country that is an offence in that country and amounts to serious criminality in Canada, they may also be criminally inadmissible.
This also applies to two or more offences treated as minor offences in Canada. All that is required is credible evidence that they committed the act. This category is aimed at individuals with unresolved criminal charges.
Temporary residents and permanent residence applicants may be found criminally inadmissible where they:
- Have been convicted of an offence in Canada.
- Have been convicted outside Canada of an offence that is an offence under the law of both that country and Canada.
- Have committed an offence under the law of another country that would also be punishable in Canada.
Remember: foreign convictions, acts and laws are compared with Canadian law and standards when determining an individual’s criminal admissibility.
Where a person is found criminally inadmissible, or thinks they may be found inadmissible on arrival, they should know that options remain open.
An application for aTemporary Resident Permit (TRP)and an application for criminal rehabilitation offer short-term and long-term solutions respectively for those found inadmissible on grounds of inadmissibility.
How does Canada find out about an applicant’s record?
Canada and the United States share criminal history information through travel documents in order to keep their residents safe. However a person enters Canada, they must present their passport and any visas they hold to a border officer at the point of entry (land, air or sea).
When the passport is processed, the immigration officer has access to their federal criminal history report and state police records, which may lead to questioning or even a refusal of entry.
There is no presumption of innocence at the border, so even pending charges may prompt an immigration officer to scrutinise a traveller more closely. Border officers at international airports also receive passenger lists and may run background checks on any traveller on a particular flight.
Where a person on an incoming flight has a criminal history, they are likely to be flagged and taken aside on landing in Canada.
Where a person wishes to request a report similar to the one that may be viewed at the Canadian border, it is advisable to seek out their own FBI criminal record report.
Offences equivalent to criminal offences in Canada
The Canadian Criminal Code is complex, and identifying the offence equivalent to the one on a person’s record is often a difficult task.
To confirm admissibility to Canada, a person must understand how their criminal record translates into Canadian law. Once that translation has been made, establishing whether they can enter the country becomes much easier.
There are other barriers to entry that may prevent a person from being allowed into Canada, but where the issue is a criminal record, the translation into Canadian law matters most. If a person’s offence has a close equivalent to an offence in Canada, they may be found inadmissible to the country.
Offences such as drink-driving, theft or dangerous driving can often lead to inadmissibility, because they are also offences in Canada. Finding the Canadian equivalent can be difficult in cases involving unusual or uncommon offences, as this requires a thorough understanding of Canadian law.
In such situations, it is common to seek the assistance of a Canadian immigration lawyer.
Entering Canada with a criminal record
A common situation at Canadian ports of entry involves a foreign visitor attempting to enter Canada with an old criminal history. It is important to understand that, depending on the nature of the offence, the time elapsed since all sentences were completed and the equivalence to Canadian law, time is in some cases not the decisive factor in determining admissibility to Canada.
There are certain offences for which an individual may be deemed rehabilitated, which involves waiting 10 years from the completion of all sentences. For example, where a person has a single drink-driving conviction and no other criminal history, and more than 10 years have passed since all sentences were completed, they should be deemed rehabilitated by the passage of time.
In cases involving a more serious criminal history — a felony in the United States, for example — the time elapsed since the offence was completed may have no bearing on their admissibility to Canada. In these cases, they must apply for criminal rehabilitation in order to receive certification from the Canadian government confirming that they are admissible to the country.
Who is affected
Inadmissibility to Canada can affect a wide range of people. Individuals in certain situations may, however, be particularly affected from a personal and/or professional point of view. These occupations/individuals include:
- Performing artists
- Airlines and their staff
- Those wishing to hunt or fish in Canada
- Those travelling to and from Alaska
- Those engaged in cross-border trade
- Those transiting through Canada
- Those who have committed an offence in Canada or been charged with an offence in Canada.
What makes a person inadmissible to Canada?
What an individual must do to overcome inadmissibility and be allowed entry depends on the classification of the offence and the time elapsed since the sentence was completed. The associated application processing fees may also depend on the classification of the offence.
A sentence may comprise several penalties that can be used in combination and that a judge may impose to punish the commission of an offence. These penalties may include:
- A term of imprisonment
- Probation
- A fine
- Suspension of a driving licence
- Deportation
Please note:Where more than one such measure applies, the completion date of the last measure is the one considered for the purposes of inadmissibility to Canada.
As a general rule, any act that is an offence in the country where it was committed, and is also an offence in Canada, is likely to make an individual inadmissible to Canada.
Below is a list of the main offences for which most travellers may be refused entry. Where a person has been convicted of any of the offences listed below, an application for a Temporary Resident Permit (TRP) and an application for criminal rehabilitation may be the remedy.
Alcohol- or drug-related driving offences in the United States
In terms of inadmissibility, the most common offences in the United States are those involving driving or operating a vehicle (a car, motorcycle or boat) while impaired. These offences go by various names, depending on the circumstances of the offence and where it was committed.
In the United States, these offences include:
- DUI (driving under the influence of alcohol or drugs)
- DWI (driving while intoxicated)
- DWAI (driving while ability impaired)
- DWUI (driving while under the influence)
- OWI (operating while intoxicated)
- OUI (operating under the influence)
- OMVI (operating a motor vehicle while intoxicated)
Dangerous driving
A conviction for dangerous driving in the United States is usually treated in the same way as a DUI (or any of its variants). Although the former may be preferable to the latter, in terms of inadmissibility both have the same effect — a likely refusal of entry. Reckless driving is another similar offence that also leads to inadmissibility.
In practice, any serious driving offence is likely to hinder an individual’s ability to enter the country lawfully, whether or not that individual will be driving in Canada.
Fraud
Fraud is a general category of offences covering any offence committed with the intention of depriving another party of something of which they are the lawful owner. That party may be an individual or a company/organisation.
Theft is the clearest offence falling under fraud. Depending on the nature of the theft and the amount stolen, the offence is treated by the Canadian immigration authorities as more or less serious.
For example, theft under $5,000 is treated as non-serious criminality, while theft above that amount is treated as serious criminality. Moreover, where the theft was carried out with the aid of a weapon, violence or the threat of violence, these may be aggravating factors in determining the seriousness of the offence.
Using a credit card in the knowledge that it has been cancelled or revoked is another form of fraud that may lead to inadmissibility to Canada. Using a means of payment where the individual knows the other party will not be paid is also an offence, as it involves deception. The same reasoning applies to the deliberate use of an invalid cheque, an offence often accompanied by a finding of inadmissibility.
Assault
Assault may refer to many forms of threat and/or physical contact that may occur between individuals. These range from threatening words or gestures, through spontaneous bar brawls, to violent offences committed with premeditation and intent. Sexual assault is a very serious form of assault. Wherever they fall on this spectrum, most assaults lead to inadmissibility to Canada.
There may be mitigating or aggravating factors affecting the seriousness of an assault. These relate mainly to whether a weapon was used in committing the assault, and whether bodily harm was caused to the victim of the assault. Where a weapon was used and/or the victim was injured as a result of the assault, the offence is treated as serious criminality.
For the purposes of inadmissibility to Canada, such a finding may lead the Canadian immigration authorities to assess an individual as a higher security risk, making a finding of inadmissibility more likely.
Both serious assault (involving a weapon and/or bodily harm) and non-serious assault (involving no weapon and no bodily harm) may render an individual inadmissible.
Drug-related offences
A charge of producing, possessing, trafficking, consuming or distributing drugs may all render an individual inadmissible.
The nature and context of the particular offence affect its seriousness and the likelihood of an individual being found inadmissible.
Drugs are classified into different schedules under the Canadian Criminal Code. This classification determines the nature and seriousness of the offence and the severity of the penalties available to deal with it.
For example, possession of cannabis and possession of cocaine are treated as very different offences. The penalty for possession of cocaine is therefore usually more severe than that for cannabis.
Another example of the difference in classification is that possession of certain drugs below a given quantity may not lead to inadmissibility, whereas unlawful distribution of the same drug in the same quantity may.
How to remedy the situation
There are three main methods available to those wishing to come to Canada who must overcome criminal inadmissibility:
Applying for a Temporary Resident Permit
Where a foreign national has been arrested or convicted of drink-driving or any other criminal offence, they may be found criminally inadmissible to Canada.Temporary Resident Permit (TRP)is a remedy that can grant temporary entry to a person who is currently inadmissible to Canada.
A TRP application should be submitted only for significant trips and may be issued for a stay of up to three years, depending on the reason for entry. The duration of a TRP may be extended from within Canada.
A TRP grants lawful entry to Canada for a specified period. A person may apply for a TRP at any time. Unlike criminal rehabilitation, a TRP does not depend on a particular timeframe relating to the completion of a sentence. In practice, an individual may be issued a TRP while still serving part of their sentence, in certain cases.
Those inadmissible for the offences above are required to apply. The following examples explain when a TRP application is necessary in order to enter Canada:
- A person convicted outside Canada of an offence that, if committed in Canada, would be equivalent to a serious offence punishable by less than 10 years’ imprisonment.
- A person convicted outside Canada of an offence equivalent to a hybrid offence punishable by less than 10 years’ imprisonment. A hybrid offence is one that may be prosecuted in Canada either summarily or by indictment.
- A person convicted of two or more offences that, if committed in Canada, would be equivalent to 2 minor offences.
Offences occurring within Canada while present as a temporary resident may affect the ability to remain as a temporary visitor or to obtain permanent residence (PR).
Applying for criminal rehabilitation
Criminal rehabilitation is an application offered by the Government of Canada to those eligible, permanently clearing a past criminal history for the purposes of entry to Canada.
Where an individual is approved for criminal rehabilitation, they are no longer treated as inadmissible and will not need a TRP to enter. A criminal rehabilitation application is a one-off remedy which, unlike a TRP, never needs renewing.
To qualify for criminal rehabilitation:
- They must have committed an act outside Canada constituting an offence under the Canadian Criminal Code.
- They must have been convicted of, or admitted to committing, that act.
- Five years must have passed since the completion of the entire sentence or sentences. This period includes time in prison, fines and probation.
The most important factor is understanding the equivalent offence in Canada. What matters is the nature and seriousness of the offence under the Canadian Criminal Code. The Canadian immigration authorities distinguish criminal offences on the basis of serious versus non-serious criminality.
A foreign national or permanent resident may be criminally inadmissible or face removal proceedings on grounds of serious criminality. For convictions within Canada, where they were convicted in Canada:
- Of a serious offence punishable by a maximum of at least 10 years.
- And received a term of imprisonment of at least 6 months.
For convictions outside Canada, where they were convicted outside Canada of an act that, if committed in Canada, would be equivalent to:
- A serious offence punishable by a maximum of at least ten years; or
- A hybrid offence punishable by a maximum of at least ten years.
Types of criminal rehabilitation
There are two forms of criminal rehabilitation that can resolve inadmissibility to Canada:
Costs
The criminal rehabilitation processing fee is CAD 239.75 for those with non-serious criminality and CAD 1,199.00 for those with serious criminality. A foreign national may be inadmissible to Canada on grounds of either non-serious or serious criminality.
Application processing times
The typical processing time is 6–12 months from submission. If you have further questions about processing times or the associated costs, complete the assessment form to speak to a lawyer free of charge.
If you have further questions about processing times or the associated costs, complete the assessment form to speak to an inadmissibility specialist free of charge.
The legal opinion letter
An individual who has committed, or been convicted of, an offence may pre-empt a finding of inadmissibility to Canada. One way of achieving this is a legal opinion letter addressed to the judicial authority hearing the case.
This letter is a document drafted by a Canadian immigration lawyer. In it, the lawyer cites the relevant provisions of Canadian law to explain the consequences under Canadian immigration law of a guilty verdict, or of a finding that a person has committed an offence. This information can help the person decide how to respond to criminal charges and understand how the various outcomes (conviction, sentence and so on) would affect their ability to travel to Canada.
Depending on the circumstances, the consequences of a conviction — and the resulting inadmissibility — may be serious. For example, a person whose job requires them to enter Canada regularly from the United States may find their livelihood threatened by a finding of inadmissibility to Canada.
Equally, an individual with family in Canada may be prevented from seeing those family members because they have been found inadmissible.
Other immigration or entry obstacles
Immigrating to Canada can be a long and sometimes complex process. Many people encounter one of the issues listed below.
Application refusals: has a person’s Canadian immigration application been refused? It may be possible to challenge this.
Medical inadmissibility: a medical examination is mandatory for the principal applicant and all their dependants as part of the immigration process. Find out more about what medical inadmissibility for immigration to Canada means and what can be done about it.
Frequently asked questions (FAQ)
An inadmissible person is not permitted to enter or remain in Canada because of a criminal history or because they have certain medical conditions.
In general, a person cannot travel to Canada with a criminal history. They may nonetheless still be admissible to Canada if they are considereddeemed rehabilitated. They may also be permitted to travel to Canada if they apply for and are approved for criminal rehabilitation, or if they apply for aTemporary Resident Permit (TRP).
In general, where a person was charged but the charge was subsequently dropped, they are not treated as criminally inadmissible to Canada.
A previous arrest or conviction for drink-driving in the United States may make a person inadmissible, owing to Canada’s strict border-crossing rules.
Depending on the date of the arrest and of the completion of the sentence, they may need a Temporary Resident Permit (TRP) for temporary entry to Canada. The following drink-driving offences in the United States may affect their ability to enter Canada:
- Driving under the influence of alcohol or drugs (DUI)
- Driving while under the influence (DWUI)
- Driving while impaired/intoxicated (DWI)
- Driving while ability impaired (DWAI)
- Operating while intoxicated (OWI)
- Operating a motor vehicle while intoxicated (OMVI)
- Operating under the influence (OUI)
A previous expungement or dismissal may still lead to inadmissibility and require a Temporary Resident Permit (TRP) or criminal rehabilitation. Please get in touch for a free consultation.
A Temporary Resident Permit (TRP) is required for those convicted of an offence who have not yet been considered deemed rehabilitated by the Government of Canada.
Where less than 5 years have passed since the sentence was completed, the only option for temporary entry to Canada is a Temporary Resident Permit (TRP). Where they are currently serving a sentence relating to a conviction, this may affect their ability to obtain a Temporary Resident Permit (TRP).
Depending on the type and number of convictions, a criminal history may make a person inadmissible to Canada. Where they are criminally inadmissible, they cannot apply for anElectronic Travel Authorisation (eTA)and must instead apply for a Temporary Resident Permit (TRP).
This question applies only to individuals holding the nationality of a visa-exempt country.
Where a person has a criminal history and wishes to apply for Canadian permanent residence, they must apply forcriminal rehabilitation.
Rehabilitation removes the grounds of criminal inadmissibility. In some cases, depending on the type and number of convictions and the time elapsed, a person may automatically be deemed rehabilitated and treated as admissible to Canada despite a previous criminal history.
A person may be deemed rehabilitated where:
- They were convicted of two or more minor offences and 5 years have passed since the sentence was completed.
- They were convicted of a single non-serious offence (for example, a DUI) and more than 10 years have passed since the sentence was completed.
- The offence they committed would be punishable in Canada by a maximum term of imprisonment of less than 10 years.
Where a conviction has been expunged, it is treated as never having occurred. It is therefore no longer treated as a conviction and does not make a person criminally inadmissible to Canada.
Where their adjudication was deferred or withheld, and they did not breach the terms of the deferral by subsequently committing a further criminal offence, no conviction exists. Where they have no other criminal offence on record, they should not be treated as criminally inadmissible to Canada.
In general, cautions in the United Kingdom do not make a person criminally inadmissible to Canada.
A suspended sentence is still treated as a conviction for Canadian immigration purposes.
Yes. Although their record has been sealed, they must declare previous arrests, charges or convictions in their immigration application. Depending on the type of offence and when it occurred, they may be found criminally inadmissible to Canada, even where their record has been sealed.
A hybrid offence is a criminal offence that may be prosecuted either as a serious offence or as a minor one. For immigration purposes, hybrid offences are treated as serious offences.
Serious offences generally refer to the more serious offences under the Canadian Criminal Code and may carry heavier penalties than convictions for minor offences.
For example, operating a vehicle while impaired is treated as a serious offence. Although most felonies in the United States equate to serious offences in Canada, many minor offences are also treated as serious offences in Canada, and careful examination of the foreign law is needed to establish the equivalent offence under Canadian law.
A conviction for a minor offence generally refers to the lesser offences under the Canadian Criminal Code.
For example, causing a public disturbance is treated as a minor offence. Although most minor offences in Canada equate to minor offences in the United States, this is not always the case, and careful examination of the foreign law is needed to establish the equivalent offence under Canadian law.
Temporary Resident Permit (TRP)is a document allowing a person who is criminally or medically inadmissible to enter Canada for a temporary period.
Individuals must apply for aTemporary Resident Permit (TRP)through the Canadian consulate responsible for processing applications in their country of residence. US citizens also have the option of applying for a Temporary Resident Permit (TRP) in person at a Canadian port of entry (a land border or an airport).
A Temporary Resident Permit (TRP) may be issued for single use (for example, a 1-day trip) or for multiple entries over up to 3 years.
Immigration, Refugees and Citizenship Canada (IRCC)charges CAD 239.75 for aTemporary Resident Permit (TRP). Some individuals may qualify for a one-off fee exemption, depending on the offence and the sentence imposed.
Processing timesTemporary Resident Permit (TRP)vary depending on the Canadian consulate at which the application is submitted. Most Temporary Resident Permit (TRP) applications take around three to six months to process. For US citizens applying for a TRP at a Canadian port of entry, the TRP decision is made immediately by the officer reviewing the application.
Where a person is criminally inadmissible to Canada, they are not eligible to apply for anElectronic Travel Authorisation (eTA). Temporary Resident Permit (TRP)essentially replaces the eTA and, if issued, allows them to travel to Canada.
Where a person is criminally inadmissible and will apply, or has applied, for permanent residence, they must apply for criminal rehabilitation rather than a Temporary Resident Permit (TRP). A permanent residence visa will not be approved unless a criminally inadmissible individual has also been approved for criminal rehabilitation.
Criminal rehabilitation is a permanent exemption removing an individual’s criminal inadmissibility to Canada.
For an individual to be eligible to apply for criminal rehabilitation, they must demonstrate that more than five years have passed since they completed every aspect of their sentence, including paying fines and completing probation.
Individuals must apply for criminal rehabilitation through the Canadian consulate responsible for processing applications in their country of residence.
Individuals with one or more non-serious offences pay a processing fee of CAD 239.75. Individuals with one or more serious offences pay a processing fee of CAD 1,199.00.
Criminal rehabilitation applications comprise a range of documents, such as police certificates, court documents, application forms and identity documents.
Processing times for criminal rehabilitation applications vary depending on the Canadian consulate at which the application is submitted. Most criminal rehabilitation applications take around 6 to 12 months to process.
Where a person is not yet eligible for criminal rehabilitation and needs to travel to Canada, they may apply for a Temporary Resident Permit (TRP). A Temporary Resident Permit (TRP) is a document allowing a person who is criminally or medically inadmissible to enter Canada for a temporary period.
Where a person has a criminal rehabilitation application in process and needs to travel to Canada, they may apply for a Temporary Resident Permit (TRP). A Temporary Resident Permit (TRP) is a document allowing a person who is criminally or medically inadmissible to enter Canada for a temporary period.
A police certificate (PCC) is also known as a criminal record check or a criminal record. It contains details relating to an individual’s arrests and convictions.
A detailed article aboutPolice certificates for immigration to Canada.
Individuals applying for a Temporary Resident Permit (TRP) or criminal rehabilitation must include a police certificate at the time of application. Individuals must include a police certificate from every country in which they have resided for six months or more since their 18th birthday.
Individuals who have lived, or currently live, in the United States must submit both a federal FBI certificate and a police certificate from each individual state in which they have resided for six months or more.
Most countries require an individual to provide fingerprints, an application form and a processing fee in order to obtain a police certificate. Detailed guidance on how to apply for a police certificate for each country can be found on theGovernment of Canada website.
Where a person cannot obtain a police certificate, they should provide a written statement explaining why they were unable to obtain the document and provide evidence of the efforts they made to obtain it.
Some countries or states do not issue police certificates for immigration purposes. In that case, they should ask the relevant authority to provide a written statement confirming that it does not issue police certificates.
Cross-border trade is an important part of both the US and Canadian economies. A Temporary Resident Permit (TRP) may allow temporary travel to Canada for legitimate reasons.
Many Americans have business connections in Canada, the nature and importance of which vary widely with the circumstances. Whether to meet clients, employers, suppliers or distributors, the need to travel to Canada is not unusual for some Americans dealing with Canadian companies or residents.
Unfortunately, Americans who have been arrested or charged may face serious difficulty when attempting to enter Canada and may be scrutinised closely by Canadian immigration officers.
Yes; even with a medical issue, they may still be authorised to enter. In some cases, for temporary stays in Canada, an individual who does not meet Canada’s medical requirements may be issued a Temporary Resident Permit (TRP) to enter Canada.
The typical processing time is 6–12 months from submission. The Government of Canada charges CAD 239.75 for non-serious criminality and CAD 1,199.00 for serious criminality.
While a criminal rehabilitation application is being processed, an individual may apply for a Temporary Resident Permit (TRP) to enter Canada where the reason for travel is considered significant.
Criminal history reports from other countries and states are required for a criminal rehabilitation application.
Request a US federal background report.
Individuals who need anElectronic Travel Authorisation (eTA)to visit Canada are required to enter certain personal details and answer a few basic questions about any previous criminal history. Where a person applies for an Electronic Travel Authorisation (eTA) with a drink-driving conviction, they are likely to be refused if they have not yet been deemed rehabilitated.
To be admitted to Canada, they must apply for a Temporary Resident Permit (TRP) or criminal rehabilitation. Where a Temporary Resident Permit (TRP) has been issued by an immigration officer, their Electronic Travel Authorisation (eTA) is included automatically. Where they have been granted criminal rehabilitation, the previous criminal history will not affect their ability to enter Canada.
Where a person is currently facing a drink-driving charge with no previous criminal history, they should not be treated as inadmissible to Canada. Canadian immigration officers are likely to exercise discretion in these cases, weighing the benefits and risks of granting entry. Canadian law, not US law, applies in these cases.
Often, aThe legal opinion letterfrom a Canadian immigration lawyer can be helpful where they intend to enter Canada with a pending charge.
In most cases, an individual with a previous drink-driving conviction is treated as inadmissible to Canada for 10 years after completing their sentence. They may, however, apply for Canadian permanent residence once they have cleared their inadmissibility to Canada through a criminal rehabilitation application. To be eligible to apply for criminal rehabilitation, at least five years must have passed since they completed their sentence.
Where a person is considering permanent residence with a previous drink-driving conviction, it is advisable to consult a Canadian immigration lawyer about their options.
Where a person intends to work in Canada with a previous drink-driving conviction, inadmissibility issues are likely to arise. The Canadian government requires and seeks criminal record information when an individual applies for a work permit.
In most cases, they must apply for a Temporary Resident Permit (TRP) to accompany the work permit. A longer-term and more permanent remedy is a criminal rehabilitation application, which can ensure there are no inadmissibility issues where they intend to work in Canada in future.
Yes — all performing artists, whatever their reputation and however long they will remain in Canada, should be mindful of any criminal inadmissibility issues they may face.
A detailed article aboutRefusal of entry: artists.
Current NEXUS card holders are subject to the same criminal inadmissibility rules as any individual intending to enter Canada. A recent drink-driving conviction may affect their ability to keep their NEXUS card, particularly where they are refused entry to Canada.
US citizens with a previous drink-driving conviction usually need approved criminal rehabilitation before they can join or rejoin NEXUS.
As a Canadian citizen, they have the right to enter Canada at any time, even with a drink-driving conviction from the United States. Where they have questions about re-entering the United States, they should consult a US immigration lawyer.
Both Temporary Resident Permit (TRP) and criminal rehabilitation applications may be submitted without legal representation. A Canadian immigration lawyer can nonetheless be a valuable resource where an individual is considering entering Canada with a criminal history, and is all the more helpful in preparing applications for entry in future.
Temporary Resident Permit (TRP) and criminal rehabilitation applications can be difficult to understand, both for the applicant and for the immigration officer. Applications that should have been approved are sometimes refused where the applicant fails to provide the information requested or to explain their situation to the officer.
The function of a Temporary Resident Permit (TRP) or criminal rehabilitation application is to argue that the individual needs to enter Canada and poses no risk to Canadians. An experienced lawyer can help in preparing that argument. A lawyer can advise their client.
Because of its unique geographical position relative to the rest of the United States, the state of Alaska is often at the centre of Canadian inadmissibility issues. A Temporary Resident Permit (TRP) may be a short-term remedy for a brief stay in Canada.
For those wishing to drive from Alaska to the “lower 48”, or the other way round, driving through Canada is a necessary leg of the journey. For this reason, an individual who is inadmissible to Canada and has not taken the appropriate steps to resolve their inadmissibility is likely to have difficulty completing the trip unless they are issued a Temporary Resident Permit (TRP).
Those taking an Alaska cruise may also need to enter Canada as a stop on a particular leg of the itinerary. Note that however long an individual is in Canada as part of an Alaska cruise — even where they do not leave the ship — they may still be found criminally inadmissible and require a Temporary Resident Permit (TRP).
Although possessing and consuming cannabis in Canada is lawful for recreational purposes, they cannot bring cannabis into the country. They must also be aware of the potential inadmissibility issues where they have been convicted of a cannabis-related offence.
Yes, they can enter Canada with a minor offence. The process for overcoming a minor offence in order to be admitted to Canada depends on the number and type of offences they have committed, the seriousness of the offence, and when they completed their sentence. Their options include applying for a Temporary Resident Permit (TRP) or applying for criminal rehabilitation.
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