As a foreign national, you could be denied entry to Canada, even if the offences on your record are misdemeanours in your jurisdiction—such as driving under the influence (DUI) charges.
But with advance planning, you can take steps to overcome any potential issues with criminal inadmissibility, such as obtaining a legal opinion letter or applying for a temporary resident permit (TRP).
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Why you could be denied entry
If you don’t have Canadian citizenship, you could be turned away at the border on account of criminal inadmissibility.
To receive authorization to enter Canada, all non-citizens must be admissible under Canadian law.
One admissibility requirement is having no serious criminal history, as past serious offences are considered by the Canadian government to suggest a potential risk to Canadian society.
In determining the severity of your offences, Canadian officials focus solely on how the conduct would be treated under Canadian law, not on how serious the offence was in the original jurisdiction.
For this reason, DUIs, which may be punished less severely in some states and jurisdictions, can still lead to being denied entry to Canada, since a DUI is considered a serious offence under Canadian law.
If you have any offence(s) on your record, you’ll need to determine the equivalent offences under Canadian law, such as those set out in the Criminal Code of Canada or the Immigration and Refugee Protection Act, to see whether they may render you inadmissible.
You may choose to do your own research, or to consult with a professional for legal and immigration advice.
Even if offences on your record do not seem to result in criminal inadmissibility, border officers often need additional information before deciding whether to admit you to Canada. In these cases, a legal opinion letter from an immigration lawyer can help present the strongest possible case at the port of entry.
How to overcome criminal inadmissibility
Even if you’re criminally inadmissible, you may be allowed to enter Canada with a temporary resident permit (TRP).
You must apply for a TRP, and obtaining one is not guaranteed.
To qualify for a TRP, you must demonstrate to officials that your need to enter Canada outweighs any potential risk you might pose to Canadian society.
If your application is successful, you may be issued a TRP for only a single entry, or for multiple entries. TRPs can be issued for up to three years at a time.
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You can apply for a TRP in advance online. As a US citizen, you can also apply for a TRP at the border. Most professionals recommend applying online in advance.
You can prepare your application yourself, or you can work with an experienced immigration lawyer.
As of the time of writing, the processing time for only TRP applications is typically three to six months.
Being issued a TRP does not guarantee entry into Canada. Whether you will be granted entry is always solely at the discretion of border officers.
Other options
Depending on your situation, you may have options other than a TRP, such as deemed rehabilitation or individual rehabilitation.
Deemed rehabilitation may apply if your only foreign offences would be considered summary offences under Canadian law, you completed your sentence(s) at least five years ago, and you have had a clean record for five years.
Deemed rehabilitation may also apply if you’ve only committed one non-summary offence, completed your sentence at least 10 years ago, and have had a clean record since then.
If you don’t qualify for deemed rehabilitation and cannot obtain a TRP, you’ll likely need to apply for individual rehabilitation (also called “criminal rehabilitation”), which if granted will permanently overcome criminal inadmissibility for your past offence(s).
If you are deemed rehabilitated, you can seek entry to Canada without requiring a special application.
Nevertheless, a legal opinion letter may still be helpful to present to border officials, since you’ll need to show that you meet the requirements.
Criminal rehabilitation, on the other hand, must specifically be applied for in advance. You cannot apply for criminal rehabilitation at a port of entry.
To qualify for criminal rehabilitation, at least five years must have passed since you completed all elements of your most recent sentence.
As of the time of writing, the processing time for criminal rehabilitation applications is typically a year or longer.
Schedule a Free Legal Consultation on Overcoming Criminal Inadmissibility