Key Takeaways:
- As a foreign national, you can be denied entry to Canada due to criminal inadmissibility, even if the offenses on your record are misdemeanors in your jurisdiction.
- Advance planning and obtaining a legal opinion letter or applying for a temporary resident permit (TRP) can help overcome potential issues with criminal inadmissibility.
- Canadian officials focus solely on how conduct would be treated under Canadian law when determining the severity of offenses.
- A TRP can be issued for a single entry or multiple entries, and can be valid for up to three years.
- Other options, such as deemed rehabilitation or individual rehabilitation, may be available depending on your situation.
Introduction to Criminal Inadmissibility
As a foreign national, you could be denied entry to Canada, even if the offenses on your record are misdemeanors in your jurisdiction, such as driving under the influence (DUI) charges. However, with advance planning, you can take steps to overcome any potential issues with criminal inadmissibility. To receive authorization to enter Canada, all non-citizens must be admissible under Canadian law, which includes having no serious criminal history. Past serious offenses are considered by the Canadian government to suggest a potential risk to Canadian society.
Why You Could Be Denied Entry
If you don’t have Canadian citizenship, you could be turned away at the border on account of criminal inadmissibility. In determining the severity of your offenses, Canadian officials focus solely on how the conduct would be treated under Canadian law, not on how serious the offense was in the original jurisdiction. For example, DUIs, which may be punished less severely in some states and jurisdictions, can still lead to being denied entry to Canada, since a DUI is considered a serious offense under Canadian law. If you have any offense(s) on your record, you’ll need to determine the equivalent offenses under Canadian law to see whether they may render you inadmissible.
Overcoming Criminal Inadmissibility
Even if you’re criminally inadmissible, you may be allowed to enter Canada with a temporary resident permit (TRP). To qualify for a TRP, you must demonstrate to officials that your need to enter Canada outweighs any potential risk you might pose to Canadian society. You can apply for a TRP in advance online, and most professionals recommend doing so. The processing time for TRP applications is typically three to six months. Being issued a TRP does not guarantee entry into Canada, as border officers have the discretion to grant or deny entry.
Temporary Resident Permits
A TRP can be issued for a single entry or multiple entries, and can be valid for up to three years. You can prepare your application yourself or work with an experienced immigration lawyer. If your application is successful, you may be issued a TRP, but it’s not guaranteed. You can apply for a TRP as a US citizen at the border, but it’s recommended to apply online in advance. It’s also important to note that a legal opinion letter from an immigration lawyer can help present the strongest possible case at the port of entry, even if you have a TRP.
Other Options
Depending on your situation, you may have options other than a TRP, such as deemed rehabilitation or individual rehabilitation. Deemed rehabilitation may apply if your only foreign offenses would be considered summary offenses under Canadian law, you completed your sentence(s) at least five years ago, and you have had a clean record for five years. Individual rehabilitation, on the other hand, must be applied for in advance and requires at least five years to have passed since you completed all elements of your most recent sentence. The processing time for individual rehabilitation applications is typically a year or longer.
Conclusion
In conclusion, as a foreign national, it’s essential to understand the concept of criminal inadmissibility and how it can affect your entry into Canada. With advance planning and the right guidance, you can overcome potential issues with criminal inadmissibility and enter Canada successfully. Whether you’re applying for a TRP, deemed rehabilitation, or individual rehabilitation, it’s crucial to seek professional advice from an experienced immigration lawyer to ensure the best possible outcome. By understanding the requirements and options available, you can navigate the complex process of overcoming criminal inadmissibility and achieve your goals of entering Canada.
