Travel restrictions associated with COVID-19 were abolished by Canada on October 1. Hence, travelers without immunizations will no longer have to take a test or stay in quarantine when they enter Canada.
Some travelers may be able to enter Canada more easily now, but those with criminal histories may not have the same opportunity. If you have a criminal history in any nation, including the United States. You can have problems getting into Canada, even if it has been a long time since your conviction.
If a recordable offense has been successfully completed by the criminal rehabilitation program or a temporary residence permit has been obtained, it may be feasible for those with recorded convictions to enter Canada.
Inadmissibility to Canada is determined by what factors?
An individual can be inadmissible to Canada if they have been convicted of a number of felony offenses. There are numerous types of crimes, including drug possession, assault, fraud, and reckless driving.
You may not be allowed to enter Canada if even one of these occurred long ago, regardless of how minor it may seem. The likelihood of being admitted to Canada is lower for those serving a sentence or who recently completed one.
TRP – Temporary Resident Permit
It may be necessary to apply for a TRP if you will be staying in Canada for an extended period of time. The TRP allows you to enter Canada legally for up to a year. If you have an excellent reason for visiting. There is no time limit on when a TRP can be requested, regardless of when you served or are serving your sentence.
There is evidence that the likelihood of receiving a TRP decreases with the seriousness of the crime committed. How recently you served your sentence, and whether you are currently serving it.
Ways to apply
In terms of filing their applications for the TRP, applicants have two options. If you are inadmissible to Canada for either reason, you must provide supporting documentation explaining why you are inadmissible. The officer will evaluate your application. And they determine whether it is advantageous or disadvantageous to grant you entry based on your prior conviction.
Each subsequent entry into Canada requires a new TRP if you have been granted approval for a temporary residency permit.
Consulates can assist you with your application
Americans can apply for their TRP at a Canadian embassy. Well in advance if they can arrange their travel well in advance. Although processing times vary. They will allow you to enter Canada and ensure that you don’t have to wait long at the port of entry.
You can apply at the port of entry
Obtaining a TRP at an entry port into Canada, such as an airport or border crossing, is possible. But it does not guarantee you will be admitted. It is ultimately up to the official on duty to decide whether your journey is necessary for light of Canadians’ health and security. You still run the danger of having your application for admission to Canada rejected.
The Canadian consulate must grant you permission to enter Canada if you are turned away.
CR – Criminal Rehabilitation
The criminal rehabilitation program is available to individuals who have been refused entry to Canada in the past and whose sentence has not been completed for more than five years.
If a person can demonstrate they have been leading a stable life, at least five years have passed since the conclusion of their term. And it is doubtful they will engage in additional criminal activity, they are considered to have undergone rehabilitation.
Different types of sentences have different methods for calculating five years.
- Starting from the date of sentencing, the suspension might last up to five years.
- The suspension period starts five years after the fine was paid. When there is a variance in payment dates, the rehabilitation period begins when the last payment is received.
- If the prisoner is imprisoned without parole for five years, the sentence is deemed to be completed.
- From the date of discharge from prison or parole, count to five years.
- The sentence includes probation. The probation period ends after five years.
- If you are prohibited from driving, begin counting for five years after the prohibition expires.
LOL – Legal Opinion Letter
An attorney from Canada has written this letter, which uses provisions of Canadian law to provide Canadian border guards a reason legally to let you enter the country.
Conviction’s type makes a difference
An individual has been rehabilitated if they committed the same crime inside of Canada. This can be determined by determining what would have happened. A conviction under the Canadian Criminal Code that results in a sentence of fewer than 10 years is distinguished from a conviction. It results in a sentence of more than 10 years by the IRCC. If you have served more than 10 years in prison, you are considered a major criminal and may have less chance of being rehabilitated.
The next time you visit Canada, the process won’t need to be repeated if you are found to be rehabilitated. Which can be time-consuming and expensive.
