Inadmissibilities

Inadmissible to Canada?

Are you concerned about being inadmissible to Canada?

Are you concerned about admissibility issues? Have you been turned away unexpectedly at the Canadian border?

Many people wishing to enter or immigrate to Canada are surprised to learn that a prior criminal record can result in a Canadian Immigration Officer refusing their entry, or application, on the basis of criminal inadmissibility.

If you have been found to be criminally inadmissible to Canada, or think you may be inadmissible, it is important to know that you still have options. Contact us today for a free consultation.

Overcoming Criminal Inadmissibility

There are three main ways of overcoming criminal inadmissibility to Canada:

  • Rehabilitation: Individuals considered criminally inadmissible may be allowed to enter Canada if the government of Canada considers them criminally rehabilitated.
  • Temporary Resident Permit: A TRP is a document issued to individuals who are otherwise inadmissible to Canada, allowing them to enter the country.
  • Legal Opinion Letter: A legal opinion letter, written by an attorney, can help an individual gain entry to Canada.

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    Criminal Inadmissibility Problems

    Certain situations may result in an individual being inadmissible to Canada. However, there are ways to overcome inadmissibility.

    These situations include:

    • Driving Offences Involving Alcohol or Drugs
    • Reckless Driving
    • Fraud
    • Assault
    • Drug offences
    • DUI convictions
    • Serious criminality
    • Misrepresentation

    Inadmissibility to Canada may affect a broad range of people. However, individuals in certain situations may be particularly affected from a personal and/or professional point of view. These include:

    • Performing artists
    • Airlines and their staff
    • People wishing to go on a hunting or fishing trip to Canada
    • People traveling to and from Alaska
    • People engaged in cross-border trade
    • People transiting through Canada
    • People who have performed a crime in Canada or have been charged with a crime in Canada.

     

    Other Immigration Obstacles

    Immigration to Canada can be a long and sometimes complicated process. If you are experiencing one of the problems listed below, we recommend you contact us at your earliest convenience. We will discuss your immigration problem with you to properly assess how our law firm can help you.

    • Application Refusal: In certain cases, a Canadian immigration application refusal can be challenged. Was your application refused? We may be able to challenge it.
    • Legal Representation: Do you need an immigration consultant to take over the representation of your Canadian immigration application? Many people submit their applications without legal representation, but later decide that they do indeed need an immigration consultant to represent their case. We may be able to take over representation of your file.
    • Medical Inadmissibility: A medical exam is required for the principal applicant and all of their dependents as part of the immigration process. Learn more about what it means to be medically inadmissible for immigration to Canada.

Guides for landing in Canada

Coming to Canada as a permanent or temporary resident might seem intimidating. If you have never been to Canada before, you might expect to face some new situations when you arrive. Fortunately, we have compiled a number of guides to assist you with this process.

Get started by checking one of our most popular pages on settlement In Canada.

Life in Canada

In order to help you determine where you would like to live in Canada, we have put together a number of pages about each province and territory in Canada. These pages will introduce you to economy, geography, culture, politics, health care systems, and education systems of each province and territory.

Canadian Permanent Residence

Canadian permanent residence comes with certain rights and obligations. We have compiled some helpful information about your Permanent Resident Card and what to do in the event that you find yourself outside Canada without it and need a Temporary Travel Document.

Canadian Citizenship

After three years of living in Canada as a permanent resident, you may qualify to become a Canadian citizen. Learn more about the various aspects of Canadian Citizenship, and to see how we can assist with your citizenship application.

Education in Canada

Whether you plan on studying in Canada, or have dependents who may be attending school in Canada, getting to know how the Canadian and provincial education systems operate will be an important aspect of settling into Canadian life.

Inadmissibility

Criminal Inadmissibility to Canada: An Overview

A foreign national may be inadmissible for immigration to Canada on the grounds of criminality.

Criminal inadmissibility may affect the following individuals:

For convictions outside Canada, if he or she has:

  • been convicted outside Canada of an act that, if committed in Canada, would be equivalent to an indictable offence of less than ten years; or
  • been convicted outside Canada of two or more acts that, if committed in Canada, would be equivalent to summary offences; or
  • been convicted outside Canada of an act that, if committed in Canada, would be equivalent to a hybrid offence punishable by a sentence of less than ten years.

For criminal acts committed outside Canada, if he or she has:

  • committed an act that, if committed in Canada, would be equivalent to an indictable offence of less than ten years.

For convictions within Canada, if he or she has:

  • been convicted in Canada of an indictable offence of less than ten years; or
  • been convicted in Canada of two or more summary offences.

Individuals who have an offence on their record could be inadmissible to Canada and require special permission to enter.

This is the case when an individual performs an act that constitutes an offence in both Canada and the country in which the offence took place. Although the foreign equivalent of a Canadian criminal code infraction is the most common cause of inadmissibility, an offence that equates to a violation of any Canadian Federal law also results in inadmissibility. Examples of such laws include the drugs and controlled substances act, and the income tax act.

What an individual must do in order to overcome this inadmissibility and gain entry to Canada will depend on the classification of the offence and the length of time that has elapsed since the completion of the sentence.

Sentences can consist of many possible sanctions a judge might institute to punish the commission of an offence. These can include jail time, probation, fines, license suspension, deportation, and others. When more than one such measures is imposed, it is the date of completion of the final one that is taken into account for the purposes of Canadian inadmissibility.

  • Less than five years since completion of a sentence

During this time frame, the individual must apply for a Temporary Resident Permit (TRP) in order to enter Canada legally. This is a temporary waiver of inadmissibility that allows an individual who would otherwise be inadmissible to enter Canada for a specific reason and for a specific amount of time, up to a maximum of three years. In order to be granted a TRP, the individual must have a reason for coming to Canada, and immigration authorities must not determine him or her to be a threat to Canadian society. Because this determination involves a subjective component, it is important for individuals to submit a well prepared and compelling TRP application package.

  • More than five years, but less than 10 years, since completion of a sentence

After the five-year benchmark has been reached, an individual may be eligible to apply for criminal rehabilitation. Upon approval of this application, he or she will have a clean slate as it concerns the ability to enter Canada legally. There will no longer be any hindrances relating to the previous conviction(s), and the individual will be able to enter and leave Canada, provided, of course, that he or she doesn’t commit another offence and complies with any applicable visa requirements. In order to be considered criminally rehabilitated, it must be demonstrated that an inadmissible individual has ‘turned over a new leaf’ since the conviction(s) and is not likely to re-offend. The approval of this application is also dependent on the subjective assessment of immigration authorities. For this reason, applicants are well served to prepare an application that conforms to what they are looking for in a rehabilitated individual.

  • 10 years or more since completion of a sentence

Once ten years have elapsed, an inadmissible individual could be deemed rehabilitated, meaning that he or she is no longer criminally inadmissible, simply as a result of the passage of time. This is only possible in cases where the individual has a single, non-serious conviction on his or her record. Even in such a scenario, however, it is nonetheless possible that the individual may encounter an issue when crossing the border. This is because border authorities have a significant amount of discretion in the exercise of their duties and, as a result, can refuse entry to individuals, even though they are no longer inadmissible as a result of deemed rehabilitation.

A legal opinion letter is also useful to clear up uncertain immigration situations, particularly charges or incidents that give the impression of inadmissibility, but do not in fact make you inadmissible. These situations also have the potential to lead to the denial of an application or refusal of entry to Canada.

Free consultation

Consult with a Canadian immigration consultant using the form below for a consultation on how to overcome potential issues surrounding inadmissibility to Canada.

Rehabilitation

Criminality And Rehabilitation

Individuals wishing to enter Canada, either permanently or temporarily as visitors, foreign workers, and international students, may be denied entry if they or their dependents are deemed criminally inadmissible.

However, there are ways to overcome inadmissibility and successfully gain entry to Canada.

A person may be considered inadmissible on the grounds of either:

  • Criminality
  • Serious Criminality

However, even those considered criminally inadmissible may be allowed to enter Canada if the government of Canada considers them criminally rehabilitated under either:

  • Deemed Rehabilitation
  • Individual Rehabilitation

If the applicable rehabilitation requirements have not been met, but an otherwise criminally inadmissible person has a pressing need to enter Canada, a Temporary Resident Permit may be granted.

Free consultation

Consult with a Canadian immigration consultant for a consultation on how to overcome potential issues surrounding inadmissibility to Canada.

TRP

Temporary Resident Permit (TRP)

Individuals who wish to enter Canada, as Permanent or Temporary Residents, must meet the requirements of Canada’s Immigration law and regulations, especially as they regard health and security.

For individuals who are inadmissible to Canada, a Temporary Resident Permit (TRP) may allow them to enter Canada upon demonstrating that their entry to the country is justified.

What is a TRP?

A document issued to persons who are otherwise inadmissible to Canada, allowing them to enter the country.

A TRP might be useful

For individuals who are inadmissible to Canada on criminal or medical inadmissibility grounds.

Apply for a TRP

At a consulate or (for US citizens and permanent residents only) directly at the Canadian border.

Processing times and government fee

3–6 months (at the consulate), or a few minutes or longer (at the border). A fee of $200 CAD applies.

A TRP may be issued to individuals who would otherwise be inadmissible to Canada because of health or criminality issues, permitting them to enter or stay in Canada, where justified by compelling circumstances.

A TRP:

  • grants legal entry to Canada for a certain period of time;
  • can be applied for at any point (unlike criminal rehabilitation, a TRP is not subject to a certain time frame in relation to the completion of the sentence. An individual can in fact be granted a TRP while still serving a portion of his or her sentence, in certain circumstances); and
  • is issued for the length of the stay in Canada (up to three years) and may be extended from inside Canada.

A Canadian Immigration Visa Officer will consider the inadmissible person’s need to enter Canada against the health and security risks to the Canadian population. Applicants must be able to demonstrate that their entry into Canada is justified.

 

The permit is no longer valid if the holder exits Canada, unless re-entry had been authorized at the time of issuance. The permit can also be cancelled by an officer at any time. In certain circumstances, the holder of a TRP will be granted permanent resident status in Canada.

To apply for a TRP, you will need to submit an application with supporting documents explaining the reason behind your inadmissibility and why your entry into Canada may be justified. If you are a citizen of a visa-exempt country, you will need to apply based on the guidelines set out by your specific country, as the application form may be different.

Applying for a TRP

There are two ways to apply for a TRP:

  • submit an application to the consulate; or
  • apply directly at the border (US citizens and permanent residents only).

Because nationals from countries other than the United States require either a Temporary Resident Visa (TRV) or an Electronic Travel Authorization (eTA) to enter Canada, if they want to fly to Canada a consular application is the only option. Processing times vary, depending on where the application was submitted.

US citizens and permanent residents

American citizen and permanent residents (Green Card holders) with time to spare before entering Canada may choose to apply at a consulate. Alternatively, they may submit a TRP application at the port of entry upon entering Canada. The primary advantage of applying in this manner is the speed with which an individual can acquire a TRP, which may be granted in a matter of minutes. The main disadvantage of a port of entry application is the uncertainty; you don’t know whether the TRP will be approved or denied by the immigration officer reviewing the application. If denied, you will not be allowed to enter Canada.

Criminal Inadmissibility

Criminal Inadmissibility Problems

Persons who are otherwise qualified to enter Canada as permanent residents, temporary workers, international students, or visitors may be denied entry if they (or their dependents) are determined to be criminally inadmissible by a Canadian Immigration Officer.

If you have been found criminally inadmissible to Canada, or you think you may be inadmissible, it is important to know that you still have options.

Types of crimes that may cause an issue with entry to Canada

Depending on the nature of the incident, offences as seemingly minor as driving violations may render you inadmissible to Canada. You will need to know if past criminality will prevent you from entering Canada, and what steps to take before and during your Canadian immigration or visa application process in order to be permitted entry to Canada.

Some examples of convictions that could make you inadmissible to Canada include: DUI, DWAI, Theft, Petty Theft/Larceny, Assault, Drunk & Disorderly Conduct, Obstruction of Justice, Possession of marijuana, cocaine or other controlled substances/drugs, and cautions (issued in the United Kingdom).

Drinking and driving, or driving while under the influence are common offences that visitors or applicants may not realize can lead to a refusal of their application, or in their being refused entry to Canada.

Fortunately, you may still be permitted to enter Canada, either by way of deemed or individual rehabilitation, the issuance of a Temporary Resident Permit, or the preparation of a Legal Opinion.

Obtain permission to enter Canada

If warranted in your particular situation, we can do the following:

    • Application for Rehabilitation.

If more than five years have elapsed since the completion of any sentence imposed and there have been no subsequent convictions, we can represent you in an application for a rehabilitation order.

    • Application for a Temporary Resident Permit (TRP).

If less than five years have elapsed since the completion of any sentence imposed, we can represent you in an application for a TRP.

Deemed Rehabilitation: If you were only convicted of one offence and the equivalent Canadian offence does not carry a maximum sentence of 10 years or more you are deemed to have been rehabilitated. No application is required, although we do suggest the preparation of a legal opinion by the attorney to take with you to the border.

Important note: The misdemeanor-felony distinction in U.S. law is not an important distinction for the purposes of Canadian immigration. Even misdemeanors may result in criminal inadmissibility.

If you have spent any time incarcerated or in jail, even if you have been detained temporarily we advise having a legal opinion prepared to explain the circumstances of the detention and convince the visa or border officer why you are not criminally inadmissible to Canada.

Authorization To Return To Canada

Authorization To Return To Canada

When a foreign national is asked to leave Canada, very often in order to return legally they need to apply for an Authorization to Return to Canada (ARC). This is a formal way to ask the Canadian government for permission to re-enter the country, despite having previously been asked to leave.

In the majority of cases, an ARC is not a stand-alone application, meaning that the applicant cannot just submit an ARC application on its own. It is almost always associated with another application and will be processed and reviewed in the context of that application. The only situation in which this would not be the case is if the applicant did not need a visa to come to Canada, for example if he or she is a citizen of a visa-exempt country. In this scenario, an ARC application can be submitted on its own. But if the applicant requires a visa to visit, study, or work in Canada, he or she does not make a separate ARC application.

“Being asked to leave” can refer to a number of measures the Canadian government takes to ensure the departure of a particular foreign national. Depending on the measure taken, an ARC may or may not be required.

Departure order

Individuals who receive a departure order must leave Canada within 30 days and verify their departure with an immigration officer. If the individual complies with these conditions, then he or she most likely does not require an ARC. If the individual does not comply with the departure order, then the departure order becomes a deportation order (addressed below).

Exclusion order

Individuals who receive an exclusion order need to wait 12 months from when they leave and must have a certificate of departure that confirms this amount of time has passed before they may apply to re-enter Canada. If these conditions are satisfied, when the individual applies to re-enter Canada he or she most likely does not require an ARC. It is only if the individual seeks entry to Canada before the 12-month period has expired that an ARC would be needed.

Deportation order

Individuals who receive a deportation order (as well as individuals who were initially issued a departure order that became a deportation order) require an ARC to re-enter Canada legally.

None of the orders mentioned above are to be confused with a Direction to Leave Canada, for which an ARC is not required.

If you were deported because of criminal inadmissibility you (most likely) also have to apply for either Criminal Rehabilitation or a Temporary Resident Permit (TRP) to enter Canada legally.

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