If you’re thinking about coming to Canada this summer 2022, but you have a criminal record in the past that is slowing you down, you may have to examine your options for removing criminal disqualification.
While it’s true that even petty crimes can make you unacceptable, that doesn’t mean you’ll never be able to come to Canada.
It depends on the crime that how long ago it happened and it also depends on how you behaved since then, maybe you are still allowed to come to Canada. However, you need to demonstrate that you are not a danger to the Canadian public, or that you meet the criteria to be considered resettled.
There are some ways that how can you come to Canada with a Criminal record.
Temporary Resident Permit
A Temporary Resident Permit (TRP) is the solution that can allow you to enter Canada with a criminal record. If you have a valid reason to come to Canada but you are not eligible to come to Canada then you will be able to obtain a TRP. It will be decided by a migration officer whether your reason for entering Canada outweighs the risk to Canadians.
You can receive TRP if you have a valid reason to live in Canada. Applicants who want to come to Canada for a compassionate reason or for business purposes are more likely to get a TRP than those who want to come for tourism.
Instead of TRP, you might apply for another option if you want to come to Canada as a tourist.
Rehabilitation
Criminal rehabilitation is a permanent solution to the unacceptable. If your application is successful, your criminal history will not be grounds to deny you entry into Canada, unless you have committed another crime. The fee to pay for the application will vary, it depends on the nature of your offense. The application fee is CAD 200 for a non-serious crime and CAD 1,000 for a serious crime.
Under Canadian law, you can be considered rehabilitated if at least 10 years have passed since you were convicted of a non-serious crime. You may be considered automatically rehabilitated and you do not need to apply for criminal rehabilitation, but you may want to consult with a Canadian immigration attorney in advance to obtain a legal opinion letter.
Legal Opinion Letter
In a legal opinion letter, a Canadian immigration attorney provides a legal opinion about why you should not be considered unaccompanied in Canada. It can also complement one of the options mentioned earlier because you can bring the letter with you to the border as additional proof should you be allowed into Canada. A legal opinion letter can be beneficial to many individuals, including but not limited to the following:
- those who may be deemed to be rehabilitated;
- persons who have been charged with but not convicted of an offense, such as those who have received an adjournment of adjudication or a Nolle Prosequi.
- Convicted individuals with a criminal record without any equivalent in Canada.
