Each international individual coming into Canada is subject to the country’s admission requirements. Among these requirements are criminal background checks and physicals. If you are a legal immigrant who has been arrested or convicted of a crime, you could be considered to be criminally forbidden from entering Canada. Criminal inadmissibility is assessed by comparing foreign arrests and convictions against Canadian laws and regulations.
Depending on how serious or not the offense was, as well as how long it has been since a sentence was served, will determine what a person must do to overcome inadmissibility (includes probation, fines, etc.).
Inadmissibility to Canada is addressed in the following frequently asked questions:
1) What does the word “inadmissible” mean?
If a person is determined to be inadmissible, it means that their criminal history or certain medical issues prevent them from entering or residing in Canada.
2) Can I enter Canada while having a criminal record?
The basic norm is that having a criminal record prevents you from entering Canada. However, if your rehabilitation is accepted, you might be allowed to enter Canada. In addition, you can be given permission to go to Canada if a candidate submits an application for a TRP – (Temporary Resident Permit) or criminal rehabilitation is accepted.
3) What does it take to be qualified for rehabilitation, and how can I do that?
The basis for criminal exclusion is lifted through rehabilitation. Regardless of the nature and frequency of crimes, along with how much time has gone since the punishment, you can be automatically judged rehabilitated and be eligible to enter Canada even if you have a criminal history.
4) Describe the Temporary Resident Permit (TRP).
Someone who is temporarily barred from entering Canada due to a criminal conviction or a physical condition can do so with the help of a TRP. A TRP is granted when a visitor has a legitimate reason for entering Canada and the advantages of their admission outweigh any potential threats to Canadian society. It is significant to note that a TRP does not necessitate the conclusion of a criminal term and may be granted for a period of 3 to 5 years, according to the reasons for entry.
5) I have never been convicted and my charge was dismissed. Am I able to visit Canada?
Generally speaking, you are not regarded as being barred from entering Canada if you were charged with an offense that was later dropped.
6) What is a crime that is indictable?
The Canadian Criminal Code generally relates to criminal violations as being more heinous crimes that carry harsher punishments than summary offenses. Most felonies in the United States are comparable to indictable offenses in Canada, despite the fact that numerous minor offenses are also considered criminal charges in that nation. The corresponding offense under Canadian law must be determined after a comprehensive analysis of the statutory provision.
7) How do you define a summary offense?
In the Canadian Criminal Code, small offenses are frequently referred to as basic offenses. Although the majority of minor offenses are identical to misdemeanors in America, this has not always been the case in Canada. To find the corresponding offense under Canadian law, a comprehensive examination of the foreign law is required.
8) What exactly is a hybrid crime?
Criminal offenses that are both indictable and subject to terms of imprisonment are known as hybrid offenses. Immigration law treats hybrid offenses as arrestable offenses.
9) Do I need a TRP to enter Canada because of an American drunk driving conviction?
Canada has strong restrictions governing border crossing. If an American citizen has ever been detained or found guilty of DUI, their entrance may be banned. You might need a TRP for temporary entrance into Canada, depending on when you were arrested and when your sentence was served.
10) Can someone who has a DUI move to or work in Canada?
An individual with a DUI is often prohibited from entering Canada for ten years following the conclusion of their imprisonment. After clearing your unconstitutionality through the criminal rehabilitation procedure, you could be able to apply for residency in Canada. Once at least five years have passed since the end of your imprisonment, you may submit an application for criminal rehab. With a DUI, you could also run into complications with being ineligible for employment in Canada. If you’re looking for a longer-term solution, you can register for criminal rehabilitation, which will end your exclusion from entering Canada.
11) Can someone with a felony conviction petition for permanent residency in Canada?
You must qualify for criminal rehabilitation if you have a felony conviction and would like to become a resident of Canada.
12) What is rehabilitation for offenders? Who is qualified to submit a criminal rehabilitation application?
A person’s criminal restriction to entry to Canada will be permanently lifted via criminal rehabilitation. If you can substantiate that more than five decades have gone since you finished serving your whole sentence—including paying the penalty and completing supervision, among other things—you might be qualified for criminal rehabilitation.
13) Am I allowed to bring cannabis into Canada?
Cannabis is illegal to import into Canada even if it is allowed to own and use for recreational purposes there.
14) If I have a cannabis conviction, can I enter Canada?
You might not be allowed to enter Canada if you’ve had a past cannabis-related conviction abroad. Understanding a foreign conviction requires figuring out whether Canadian law has a counterpart whatever those comparable entails. Cannabis convictions from other countries that are no longer prohibited in Canada shouldn’t be an issue.
Among the most frequent offenses that will prevent you from entering Canada are:
- having more than 30 grams of dried cannabis on hand (or a comparable amount in another form).
- distributing and possession of cannabis illegally.
- driving while intoxicated by cannabis.
