A criminal record could derail your trip to Canada this spring – here’s why

If you intend to travel to Canada this spring, you could be denied entry for having a criminal record, including for minor offences.

Should you wish to enter Canada in the next few months, your best bet at overcoming criminal inadmissibility is through deemed rehabilitation, if it applies to your situation.

Schedule a Free Legal Consultation on Overcoming Criminal Inadmissibility

Obtaining a legal opinion letter may assist with presenting the strongest case to immigration officers for deemed rehabilitation.

About criminal inadmissibility

Anyone without Canadian citizenship may be turned away at the border on account of their criminal record.

You could get turned away even if the offences were minor offences in the jurisdiction(s) in which you committed them—because immigration officers look at how these offences would be categorized under Canadian law.

But depending on the nature of the offence(s) committed and surrounding circumstances, immigration authorities may consider you “deemed rehabilitated” if enough time has passed since you’ve completed your sentence(s).

Understanding deemed rehabilitation and whether you qualify

You may be able to overcome criminal inadmissibility through deemed rehabilitation if

• At least five years have passed since you completed your sentence(s), for summary offences (two or more); or
• At least 10 years have passed since you completed your sentence, for one non-summary (indictable) offence punishable by less than 10 years in prison.

Under Canadian law, summary offences are less serious criminal offences, akin to misdemeanours in the US, while indictable offences are more serious, akin to US felonies.

You must have kept a clean record since the completion of all aspects of your sentence(s) (e.g., jail time and probation), and immigration authorities must be satisfied that you will not commit any further offences.

No formal application is needed for deemed rehabilitation. When you seek entry with a criminal record, the officer will determine whether or not you qualify as deemed rehabilitated.

Simply meeting the eligibility requirements for deemed rehabilitation provides no guarantee that an officer will decide in your favour.

Presenting a legal opinion letter when seeking entry as deemed rehabilitated can help in making the strongest possible case.

If you qualify as deemed rehabilitated, you will not be refused entry on account of those offences, but entry is still not guaranteed.

You must still meet all Canada’s other entry requirements, and the decision of whether or not to grant entry is always at the discretion of the reviewing officer.

Schedule a Free Legal Consultation on Overcoming Criminal Inadmissibility

How a legal opinion letter can help

A legal opinion letter can assist individuals seeking to address criminal inadmissibility to Canada.

Prepared by a qualified immigration lawyer, the letter provides a legal analysis of your criminal record and how its assessed under Canadian law, and highlights mitigating factors such as

• The passage of time since the offence;
• Evidence of good conduct;
• Contributions to your community;
• Explanations of why you no longer pose a risk; and
• A well-reasoned argument for why you should be permitted entry into Canada.

This letter provides immigration authorities with the full picture surrounding your offence(s), reduces risk of misunderstanding, and outlines the steps you’ve taken to address your inadmissibility.

Although a legal opinion letter may support your case, the ultimate decision on your admissibility is made by the immigration officer responsible for reviewing your application.

If you qualify for and intend to pursue deemed rehabilitation, and wish to acquire a legal opinion letter to strengthen your likelihood of being allowed entry to Canada, the legal team at CanadaVisa can assist you.

Note: Other options for overcoming criminal inadmissibility include applying for criminal rehabilitation or obtaining a temporary resident permit (TRP), but these are not viable for imminent entry into Canada.

A criminal rehabilitation application can take over a year to be processed, meaning applicants must apply well in advance of entry.

As for TRPs, these are issued only when there is a compelling reason to enter Canada despite being inadmissible (e.g., a death in the family), and if one’s need to enter outweighs potential risks they pose to Canadian society.

It is unlikely an immigration officer will consider a leisure visit to Canada to be a justifiable reason to issue a TRP.

Schedule a Free Legal Consultation on Overcoming Criminal Inadmissibility