Is it possible to enter the Canadian territory while possessing a Criminal Record?

Foreign nationals should be informed that they may be denied entry to Canada if they have a criminal record.

While a Canada Border Services Agency (CBSA) officer might refuse you entry into the nation if you have a criminal record, you can still enter if you prepare ahead of time. The Canadian government understands that people with criminal records can be rehabilitated and do not necessarily pose a threat to Canadians’ safety. As a result, it offers three key options for overcoming criminal inadmissibility.

Details about the Temporary Resident Permit (TRP)

A Temporary Resident Permit (TRP) is a remedy that allows someone who is inadmissible to Canada to enter the nation for a limited period of time. It can have a three-year validity duration. You must submit a TRP application to Immigration, Refugees and Citizenship Canada (IRCC), outlining why you should be allowed to enter Canada and why the advantages to Canada outweigh the dangers. TRP applications can be submitted when U.S. citizens and permanent residents arrive in Canada, or they can seek pre-approval by submitting their application at a Canadian consulate. Foreign nationals from other countries can apply for a TRP at a Canadian consulate. There is a $200 CAD application fee.

Details about Rehabilitation

Rehabilitation, unlike the TRP, is a long-term solution to criminal inadmissibility non-Canada. As long as you don’t commit any more crimes once you’ve been rehabilitated, your criminal record won’t prevent you from entering Canada. Rehabilitation can be divided into two categories.

If it has been at least five years since your sentence ended, you may be eligible for individual rehabilitation. Depending on the severity of your conviction, the application fee is either $200 or $1,000. You must show in your application that you have been rehabilitated and are no longer prone to criminal behavior. You can do so by demonstrating that you have a stable lifestyle, have made steps to alter your behavior, and/or that your infraction was a one-time occurrence.

If you were convicted of a less serious crime and have served at least 10 years of your sentence, you may be eligible for deemed rehabilitation. Due to the passage of time, you will be considered rehabilitated. To be cautious, you should still seek a Legal Opinion Letter in case you need to prove to a CBSA officer that you should be permitted to enter Canada.

Details about the Legal Opinion Letter

The third alternative is to obtain a Legal Opinion Letter. The letters are written by lawyers and explain to CBSA agents why you should be allowed to enter. Your lawyer can explain details such as whether you have been declared rehabilitated, whether your conduct was isolated or minor and whether your offense has no Canadian counterpart. These letters may be useful in bolstering your TRP or rehabilitation application.

It is critical to emphasize that it is in your best interests to obtain professional guidance well in advance of your journey to Canada in order to enter the country without serious complications.

Comments are closed.


Register for Free Webinar