If you’re planning a visit to Canada, it’s important to know that even having a misdemeanour on your record can lead to your being denied entry.
Only Canadian citizens are guaranteed entry into Canada. Foreign nationals, including US citizens, may be found inadmissible under Canadian law if they have a past criminal history.
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Earlier this year, American country music star Charley Crockett was forced to cancel the Canadian portion of his tour after being denied entry to Canada for being “inadmissible on grounds of serious criminality.”
What is criminal inadmissibility?
Under Canadian law, foreign nationals can be denied entry into Canada based on their criminal history, even if their offences are considered minor in the jurisdictions where they were committed.
This is because Canadian immigration officials assess the offence based on how it is treated under Canadian law.
For example, a driving-under-the-influence (DUI) charge, which may be treated as a misdemeanour in some U.S. states and other jurisdictions, is considered a serious offence under Canadian criminal law.
If the DUI offence was committed before December 18, 2018, a person may be eligible for deemed rehabilitation. This is because Canada introduced tougher penalties for impaired driving on that date.
Impaired driving offences post-December 18, 2018 are considered serious criminality, which means deemed rehabilitation is not available as an option.
In such cases, they will need to seek other options.
Can you enter Canada if you have a past criminal record?
You may be able to overcome criminal inadmissibility and enter Canada if you are deemed rehabilitated.
You may be deemed rehabilitated if:
- You were convicted of summary offences under Canadian law, and at least five years have passed since you completed your sentence(s); or
- You committed or were convicted of no more than one non-summary offence (an indictable offence) punishable by less than 10 years in prison, and at least 10 years have passed since you completed your sentence.
There is no application process to be deemed rehabilitated.
If you have a past criminal record, you can choose to get assessed in advance by the Canadian embassy, high commission or consulate responsible for your area.
If you live in the US, you may travel to a Canadian port of entry and ask to be assessed there. You will have to bring all documents related to your criminal history, and they will be assessed by an immigration officer who will determine if you can be deemed rehabilitated and allowed to enter Canada.
Even if you do fall under the definition of deemed rehabilitated, you may benefit from a legal opinion letter.
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How can a legal opinion letter help?
A legal opinion letter is a formal document written by a lawyer explaining why you are not actually inadmissible to a border official.
It offers legal analysis of your case and how this translates in the context of Canadian law. That means it contains details about your case and explanations for why you should be permitted to enter Canada.
Although the decision to enter Canada is ultimately made by the immigration officer, a legal opinion letter can lower the risk of any misunderstanding and strengthen your case for entering the country.
What if you do not qualify for deemed rehabilitation?
If you do not qualify for deemed rehabilitation, you have two main options if you wish to enter Canada.
Also called individual rehabilitation, this is a formal application process for people who do not qualify for deemed rehabilitation. To be eligible, at least five years must have passed since the completion of your sentence, and you must show that you no longer pose a risk to Canadian society. Processing for criminal rehabilitation applications can take over a year.
Temporary Resident Permit (TRP)
A TRP is a document that can grant an inadmissible foreign national entry into Canada for a specific purpose. To be issued a TRP, you must convince the reviewing officer that your need to enter Canada outweighs any risk you pose to Canadian society.
Simply wishing to attend a concert is unlikely to be a strong enough need to justify the issuance of a TRP.
Schedule a Free Consultation on Overcoming Criminal Inadmissibility