Tips to Overcome Criminal Inadmissibility in order to Visit Canada



From the 9th of August, 2021, Canada served its massive purpose of increasing immigration rates by facilitating border reopening for all those American tourists and visitors or even potential immigrants who fall into either being American PRs or citizens. From the 7th of September, the rules pertaining to completely vaccinated individuals are bound to relax and they shall be welcomed into the nation.

It’s crucial for every potential tourist to be alert about the fact that in case their background possesses mentions of a past criminal expeirence or record, they’d be deemed inadmissible upon arrival. Your previous criminal offenses shall be compared to the country’s legal equivalent quotient upon your arrival at the nation’s border and this shall be carried out by a suitable Canada Border Services Agency (CBSA) officer.

However, Canadian authorities are aware of the sensitivity of this situation and consider the possible rehabilitation option thereby providing helpful aids, resources, and options to utilize the same and reverse one’s inadmissibility. You can check out these alternatives below:

Temporary Resident Permit (TRP)

This is specially targeted towards those audiences who have been deemed as non-permittable but would like to visit the nation temporarily. In order to avail of this opportunity, one would be required to present valid and legitimate reasoning stating the pros that outweigh your cons of entering the nation and this is to be presented to the IRCC. In case one gains approval on his/her application, a period of a maximum of 3 years is granted to the validity of your permit. Pre-approval services are open to all those US PRs or citizens who visit a Canadian consulate for submission of their application or do so right after arriving. The fee structure for the same amounts to about $200 CAD.

Legal Opinion Letter

This is usually taken as the final alternative and is catered to by lawyers or legal professionals who present with a detailed analysis indicating and supporting reasons why you, with a criminal record in the past, should be considered for entering the nation. The following possible cases are usually placed before the judgment board – deeming you as rehabilitated, your case is a less serious one, your offense being isolated in nature, the failure to procure an equivalent for your crime/alleged crime as per Canadian regulations and the law. This supports your previous option of the TRP and your rehabilitation.

Seeking Rehabilitation

This is the second most preferred alternative and comes in two distinct categories:

  • Individual Rehab: This is for those whose sentence has finished a minimum period of 5 years. As per the seriousness and intensity of one’s sentence, the application costs may vary from $200 to $1000 CAD. The prime benefit is the eternal binding of this option in stark contrast to a TRP. This indicates that as long as you aren’t convicted of the same or another crime altogether again, you are hereon free from being criminally inadmissible into the Maple country.
  • Deemed Rehab: This is for those who faced a conviction towards a much lesser serious crime and have successfully finished a total of more than 10 years post their sentence. If that’s your personal scenario, you shall immediately be labeled as a deemed rehab individual and will be allowed into the country. However, just for your safety, it’d be safe to still reproduce a legal opinion letter to demonstrate your eligibility to the concerned CBSA officer.

For those facing even more serious criminal convictions and who have still finished 10 years post their sentence declaration, they’ll still have to apply for an individual rehab application.

Irrespective of your personal situation and criminal background, it’s best to gain some quality advice from a registered and valid Canadian Immigration law firm for a seamless and hassle-free visit to the Maple country.

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