Key Takeaways:
- Non-citizens with a criminal record may be denied entry to Canada, even if the offense is considered minor.
- Immigration officers assess how offenses committed abroad map to Canadian law.
- Offenses can result in criminal inadmissibility if they were considered a crime in the country where they occurred and have an equivalent offense under Canadian law.
- There are three primary avenues to overcome criminal inadmissibility: deemed rehabilitation, a Temporary Resident Permit (TRP), and criminal rehabilitation.
- It’s essential to assess admissibility to Canada before arriving at the border to reduce the risk of being turned away.
Introduction to Criminal Inadmissibility
If you’re planning to visit your loved ones in Canada over the holiday season, it’s crucial to know that even minor blemishes on your record can result in denied entry to the country. Non-citizens with a criminal record, even if consisting of seemingly low-level offenses, may be turned away at the border on the basis of criminal inadmissibility. Immigration officers assess how offenses committed abroad map to Canadian law, so even if your crime was considered "minor" overseas, that may not be the case in Canada. In this article, we’ll cover how Canada assesses criminal inadmissibility and provide examples of "minor" offenses that can make you inadmissible.
Assessing Criminal Inadmissibility
An offense results in criminal inadmissibility only if it was considered a crime in the country where it occurred and has an equivalent offense under Canadian law at the time it was committed. You can be found criminally inadmissible for having committed, been charged with, or convicted of an offense. Even having pending charges can result in criminal inadmissibility. In Canada, you can be found criminally inadmissible for both "minor" and serious crimes. Canada’s inadmissibility framework relies on the legal severity of an offense, as defined by Canadian law, to determine whether it constitutes "criminality" or rises to the level of "serious criminality."
Criminality and Serious Criminality
You can be found inadmissible to Canada due to criminality if you were convicted anywhere in the world of an offense that would be treated as an indictable offense in Canada, or of two separate offenses that would be considered summary offenses. On the other hand, you may be deemed inadmissible for serious criminality if you were convicted in Canada of an offense punishable by 10 years or more in prison, or received a prison sentence exceeding six months. Summary offenses are considered less serious, similar to misdemeanors in the US, while indictable offenses are more serious and comparable to US felonies.
Minor Offenses that May Result in Criminal Inadmissibility
You can be criminally inadmissible on account of non-serious criminality for either a single major offense or two minor offenses. A single minor offense will generally not render you criminally inadmissible. Examples of qualifying offenses include theft and fraud under $5,000, vandalism, trespassing at night, indecent acts, failure to appear in court, causing a disturbance, animal cruelty, threatening assault, and taking a vehicle without consent. Driving Under the Influence (DUI) may or may not be classified as a summary conviction in Canada, depending on when the act was committed and the circumstances surrounding the offense.
Overcoming Criminal Inadmissibility
If you’re planning to visit Canada over the holidays, it’s best to assess your admissibility to Canada before arriving at the border to reduce the risk of being turned away. You can do so by checking your offense’s equivalent crime under Canadian law at the time the offense was committed. Many visitors choose to retain an immigration lawyer for these purposes, not just to help them assess the equivalent Canadian offense, but also to help them pursue avenues to overcome criminal inadmissibility. There are three primary avenues to overcome criminal inadmissibility: deemed rehabilitation, a Temporary Resident Permit (TRP), and criminal rehabilitation.
Deemed Rehabilitation and TRPs
Deemed rehabilitation is not a formal application, but rather automatically applies if enough time has passed since all aspects of your crime have been completed. It is only a viable option for those with summary offenses on their record if at least five years have passed since completing your sentence. For indictable offenses, you must wait 10 years following sentence completion to be eligible for deemed rehabilitation. TRPs are issued at the discretion of Canadian immigration officials reviewing your case, and you must have a compelling reason to enter Canada. The processing fee for a TRP application is $246.25. If you’re granted a TRP, you must leave Canada once it expires, and if it cannot be extended.