Travelling to Canada this summer? What you need to know about inadmissibility

Summer is a peak time for travelling to Canada – and if you are thinking about a visit, it’s important to be aware of the country’s admissibility rules.

If you're not a Canadian citizen and want to seek entry for an event or to visit family, you could be denied entry if officials find you inadmissible on the basis of criminality.

Schedule a Free Inadmissibility Consultation with the Cohen Immigration Law Firm

In this article, we’ll cover how to know if you might be found criminally inadmissible, and steps you can take to overcome criminal inadmissibility so you can enter Canada.

What is criminal inadmissibility?

Only Canadian citizens have the right to enter Canada.

If you are not a Canadian citizen, you could be barred from entering Canada on account of criminal inadmissibility, if you have a prior record.

That’s because Canada places a strong emphasis on border security — screening individuals for potential risks and denying entry to anyone who may engage in criminal activity while in the country.

What actions or offences make me inadmissible to Canada?

In general, you could be found inadmissible to Canada on grounds of criminality if an act you committed is an offence in the country in which it was performed, as well as an offence in Canada at the time when it was performed.

To understand inadmissibility in Canada, it’s important to delve into “criminality” and “serious criminality,” which differ depending on the severity of the offence under Canadian law at the time the offence was committed.

Criminality

For criminality, you may be considered inadmissible if

• You have been convicted (anywhere in the world) of a crime considered an indictable offence under Canadian law, or of two separate crimes considered summary offences; or
• You’ve committed an act outside Canada that was both an offence in that country and an indictable offence in Canada.

Indictable offences are more serious crimes—comparable to felonies in the United States, while summary conviction offences are less serious, comparable to US misdemeanours.

Serious criminality

You could be inadmissible on account of serious criminality if

• You were convicted in Canada of a crime punishable by a maximum prison sentence of 10 years or longer, or for which you were sentenced to more than six months in prison.
• Outside Canada, you were convicted of, or committed, an offence punishable in Canada by a maximum prison sentence of 10 years or longer.

Minor offences, such as a speeding ticket or parking ticket, cannot render you inadmissible to Canada.

A driving under the influence (DUI) charge can, however, as a DUI is a serious offence under Canadian law.

Where you are inadmissible on account of criminality or serious criminality has important implications for your options for overcoming inadmissibility.

Before you can begin to address criminal inadmissibility, you'll need to know the equivalent offence(s) under Canadian law, along with the seriousness of the offence(s) at the time at which you committed the offence(s).

Schedule a Free Inadmissibility Consultation with the Cohen Immigration Law Firm

I think I might be inadmissible – what can I do?

If you have a criminal record, you may be able to enter Canada if you can overcome criminal inadmissibility.

There are three ways to do this.

Get a temporary resident permit

A Temporary Resident Permit (TRP) is often the quickest way to overcome criminal inadmissibly when seeking entry to Canada. It is a document that allows someone who is criminally inadmissible to Canada to enter for a specific reason and period.

That said, TRPs are issued at the discretion of a Canadian immigration official and to obtain one, you must be able to convince them you have a compelling reason to visit Canada, and demonstrate why your visit is justified.

Examples of compelling reasons in this context could include specific events such as a wedding, family emergencies, or conducting essential business.

If you require a visa to enter Canada, you must apply for a TRP at the same time as applying for a visitor visa, and provide supporting documents explaining why you are inadmissible, and why it may be justified for you to enter Canada.

If you require an electronic travel authorization (eTA) to enter Canada, you may need to apply for a TRP at a Canadian visa office in your country or region. The TRP application process and forms vary according to the country from which you are applying.

The government doesn’t publish processing times for TRP applications, but it could take between three and six months, so it’s best to start planning as soon as possible to avoid disappointment.

If you are an American citizen or permanent resident of the US (green card holder), you can submit a TRP application at a Canadian consulate or at a port of entry into Canada (be it land, sea or air). However, approval is at the discretion of the border official and is not guaranteed.

TRPs can be issued for a single entry or for multiple entries.

Schedule a Free Inadmissibility Consultation with the Cohen Immigration Law Firm

Check if you qualify for deemed rehabilitation

If would be inadmissible on account of criminality, you may be “deemed rehabilitated” by Canadian immigration authorities if enough time has passed:

• 10 years, for a single indictable offence; or
• 5 years, for summary offences only.

If you were convicted, this time is counted from when you completed your sentence; if you were not convicted, from when you committed the act.

Even if you meet the necessary requirements, deemed rehabilitation is not guaranteed; it is at the discretion of the officer.

When attempting to enter Canada as deemed rehabilitated, ensure you do everything you can to present the strongest possible case to Canadian officials.

A legal opinion letter may be helpful in presenting your case for deemed rehabilitation.

Deemed rehabilitation cannot apply in cases of serious criminality.

Apply for criminal rehabilitation

If you do not qualify for deemed rehabilitation, you may apply for criminal rehabilitation (also called individual rehabilitation) in certain circumstances.

If approved and you are granted criminal rehabilitation, you will no longer considered inadmissible on account of the crime(s) for which you applied, and can enter Canada without needing a TRP.

You can apply for criminal rehabilitation if at least five years have passed since you’ve completed all aspects of your sentence. This includes jail time, probation completion, fines paid, and/or completion of community service hours.

Criminal rehabilitation clears your record for the purpose of entering Canada but does not protect against future offences.

If you are eligible, you should submit an application at the earlier opportunity, as processing times can be quite lengthy.

It is also possible to apply for a TRP while your criminal rehabilitation application is being processed — TRPs are usually processed more quickly.

Criminal rehabilitation can overcome serious criminality as well as criminality.

A Legal Opinion Letter

If you are planning on visiting Canada but have a prior record, a legal opinion letter might prove helpful.

This is a document drafted by an immigration lawyer that provides a detailed analysis of your criminal history, assess how your offence(s) equate to a crime under Canadian law, and makes the case for why you should be allowed into Canada.

A legal opinion letter can be a valuable tool whether you are applying for a TRP, criminal rehabilitation, or making the case that you qualify for deemed rehabilitation.

Schedule a Free Inadmissibility Consultation with the Cohen Immigration Law Firm