Inadmissibility Visiting Canada
Can I Visit Canada With a Criminal Record?
Canada is a popular destination for many Americans, whether it is for business meetings, tourism, or family visits. While visiting Canada is as easy as driving through the border, if you have a criminal record, things could be much more complicated.
Foreign criminal records are thoroughly assessed at the Canadian border and travelers with past or current records can be denied entry to Canada on the basis of criminal inadmissibility. You could avoid this surprise by taking the appropriate legal steps to acquire a permit or consulting a lawyer about your criminal history.
What crimes make me inadmissible to Canada?
Any foreign crime that you committed outside of Canada that also is considered a crime in Canada can make you criminally inadmissible. A legal equivalency check is required to determine the equivalent Canadian law to the foreign offence. If there is an equivalent Canadian law, and it is a hybrid or indictable offence in Canada, it would make you inadmissible and you would likely be denied entry at the border.
What is an indictable offence?
An indictable offence is a category of criminal offences in Canada, much like a felony in the U.S. It categorizes more serious offences and are punishable with a maximum punishment of life in prison. A single indictable offence can deem you inadmissible to Canada.
What is a summary offence?
A summary offence categorizes less serious criminal offences and are punishable with a maximum sentence of two years in jail. Having a single summary offence on your record will not deem you inadmissible to Canada.
What is a hybrid offence?
A hybrid offence is a category of criminal offences in Canada, which can be punishable as a summary or an indictable offence. The crown has the right to choose depending on the circumstances of the case, which category the crime should fall into. However, for the purposes of immigration, crimes categorized as hybrid offences are always considered as an indictable offence. A single hybrid offence can deem you inadmissible to Canada.
What offences can make me inadmissible to Canada?
Some common offences that can make you criminally inadmissible are:
- Driving Offences: Driving Under the Influence (DUI), Driving While Intoxicated (DWI), Operating While Intoxicated (OWI), Operating Under the Influence (OUI), Driving While Ability Impaired (DWAI), reckless driving, reckless operation.
- Drug offences: Trafficking Narcotics, drug cultivation, drug possession with intent to sell, manufacturing drugs
- Fraud offences: Identity Theft, Fraud, Embezzlement, Forgery, Wire Fraud
Determine whether or not you are considered criminally inadmissible in Are You Criminally Inadmissible to Canada? Or read more about entering Canada with a DUI.
How does Canada know about my criminal record?
The U.S. and Canada share criminal history information with each other for immigration purposes. When American citizens with a criminal record attempt to enter Canada, Canadian Border Services Agency (CBSA) officers screen their passport for any criminal history. U.S. passports are directly linked to their FBI’s National Crime Information Center (NCIC), which details all past or current charges they have faced in the United States. CBSA officers use this information to assess whether you are criminally inadmissible, determined on a case-by-case basis.
What can I do if I am inadmissible?
There are a few options available for anyone eligible to apply that have a pressing need to enter Canada with a criminal record:
Temporary Resident Permit (TRP)
TRP is an issued document that allows people who are otherwise criminally inadmissible to visit the country temporarily. You must successfully demonstrate a pressing need to enter Canada that outweighs the risks of letting you into the country. This is a temporary permit, and only allows you to stay in the country for a short and specific period of time.
There are two ways to apply for a TRP, each with their respective processing time, risk of rejection, and way of applying. You can apply directly at the Canadian port of entry, where the CBSA officer could immediately provide you with a TRP, but this method has high risk factors as you will face stricter scrutiny and will have to turn back if denied.
You can also mail a physical application to the Canadian consulate. This application method will take approximately 4-8 months to process, and is ideal for planned travelling that you can not afford to be turned away from. There is lower risk of rejection if the documents are all prepared correctly.
Read in more detail about the application process in Temporary Resident Permit (TRP)
If you have a non-serious offence(s) on your criminal record and it has been five (5) years since the completion of your most recent sentencing you qualify to apply for a criminal rehabilitation. A non-serious offence means an offence that if committed in Canada, would be punishable by a maximum prison term of less than 10 years.
If you have a serious offence(s) on your criminal record and five (5) years have passed since the completion of your most recent sentencing, you qualify to apply for a criminal rehabilitation. A serious offence means an offence that if committed in Canada, would be punishable by a maximum prison term of 10 years or more.
Criminal rehabilitation, if approved, would grant a permanent solution to criminal inadmissibility and allow you to be deemed no longer inadmissible to Canada and offer smooth travel until you are charged or convicted of another offense. Applying for a criminal rehabilitation is a lengthy and meticulous process that needs to be complete and accurate.
Read more about eligibility and the application process in Criminal Rehabilitation (CR)
Deemed rehabilitation is a unique status, an automatic process that can make you admissible to Canada again after ten years has passed since finishing your sentence if you have committed a single non-serious crime. There is no application process once eligible, but it is not a guaranteed entry pass. CBSA officers always hold the final decision and it is recommended to carry a legal opinion letter for your first time crossing the border after being deemed rehabilitated.
Read more about the process and eligibility to be deemed rehabilitated.
A legal opinion letter is a letter drafted by an immigration lawyer to explain your unique case to the CBSA officer and justify why you should not be considered inadmissible to Canada.
A legal opinion letter can help you if you:
- Have a currently pending charge
- Are crossing the border for the first time as deemed rehabilitated
- Have a non-conviction(s) on your record such as a dismissed charge, expunged record, deferred imposition, or a pre-trial diversion.
An immigration lawyer can assess your records and ensure that you should not be considered inadmissible. However, if a CBSA officer is not provided with a clear organization of your criminal history, you could still be denied entry.
Read more about legal opinion letters or contact a lawyer to get your criminality assessed right away.
Frequently asked questions
Can I go to Canada with a criminal record if I am just visiting?
Yea, but not without the proper paperwork. Even if you are only planning a short visit, having a criminal record will make you criminally inadmissible to Canada. You must go through the proper application process and obtain the appropriate permit or document in order to enter Canadian grounds. Otherwise, you could be turned away at the border.
Can I enter Canada for a family emergency or special reason?
If you have a criminal record and urgently need to enter Canada due to an emergency with short notice, you will still need to go through the proper process. In urgent cases, you may apply for a temporary resident permit at the port of entry (border). While this approach is riskier than applying in advance to the consulate, CBSA may allow it in genuine emergencies. You will need to bring all necessary documents, including court records and proof of emergency.
What is the fastest way to get into Canada with a criminal record?
The fastest way to get into Canada with a criminal history depends on several factors such as date you were convicted, severity of the crime, and number of charges on your record. A Temporary Resident Permit (TRP) at the port of entry would allow you to enter the country on the same day if approved. Approval for same-day entry is usually only reserved for emergency entries and urgent family matters. For non-urgent travel, applying in advance for a TRP or CR and consulting an experienced immigration lawyer to assess your criminality is most recommended.
Will I be stopped at the Canadian border if I have a criminal record?
Yes, if you have a criminal record that is visible to the CBSA officer, you will be flagged and pulled aside for screening. CBSA officers will do a thorough investigation and determine your admissibility on a case-by-case basis depending on factors such as circumstance and severity of the offence.
Will I be stopped at the Canadian airport if I have a criminal record?
Yes, when you arrive at a Canadian airport and go through customs, the customs officer will investigate your record and screen you further. If you are deemed inadmissible by the officer due to not having the appropriate permits, you will be denied entry and must take the first flight back to the U.S. at your expense.
Can I go to Canada if my record was expunged or pardoned?
If you have a non-conviction such as an expunction or a pardon on your record, you may still be admissible to Canada. However, each criminal history is different and an experienced immigration lawyer would need to do a detailed assessment of your records to be able to determine your admissibility. Please note that if the officer believes that there still is a risk in letting you enter Canada regardless of the absence of a conviction, it is in their authority to turn you away.
Do I need a lawyer to visit Canada with a record?
Hiring a lawyer can significantly lower your chances of denial and delay in your visit to Canada. An experienced immigration lawyer would be able to assess your criminality, determine your eligibility and prepare a strong application with the appropriate and accurate information. While the Canadian government already takes several months to make a decision on each application, having a single missing document or misrepresenting yourself in your application will delay your application process further and could even lead to a permanent ban.
To avoid delays and complications, contact us at Canadim today. We will guide you through every step of the way ensuring the best outcome possible.
Contact us for assistance