If you are a pilot or flight attendant, your career depends on being able to enter different countries smoothly. Having a single past criminal record can create serious obstacles that could limit or block your work. However, there are legal options available for you to be able to fulfill your professional duty to overcome these challenges and keep cruising the air.
Contact UsBeing criminally inadmissible means that you are not permitted to enter Canada as a foreign national (non-Canadian citizen) or a permanent resident on the grounds of criminality due to a past or a pending criminal charge on your record. If you have a criminal conviction from outside of Canada that has an equivalent in Canadian law, you are most likely criminally inadmissible. For airline staff who must cross borders constantly, this will directly affect their careers; preventing them from flying internationally for work assignments.
Any offence that has an equivalent Canadian law could make you inadmissible to Canada. Some common offences that can make you criminally inadmissible are:
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
Any foreign national found to be criminally inadmissible may be denied entry into Canada, even if their presence is needed in Canada for work obligations. Being able to fly and enter other countries is a valuable skill for airline staff and defines their career. Since airline staff must cross international borders regularly, being inadmissible can bar you from flying to, from, laying over, or training in Canada at all. If you are a pilot or part of the flight crew, you will have to apply and receive an approved temporary permit in advance every time you enter Canada or apply for criminal rehabilitation.
Entering Canada with a criminal record, even a single DUI as a pilot or flight attendant is not an easy or automatic process. If you are found to be criminally inadmissible, you will most likely be turned away at the border even if you are there for work purposes. Depending on your eligibility, there are two main pathways to overcome criminal inadmissibility.
A TRP is a special permit that allows criminally inadmissible people to visit Canada temporarily for a limited time. For the application, you must successfully demonstrate that you have a pressing need to enter Canada that outweighs the risks of letting you into the country. This permit will only let you stay in the country for a short and specific time period before which you must leave.
There are two ways to apply for a TRP, each with different processing times, risk of rejection and method of applying. You could apply directly at the Canadian port of entry such as a Canadian airport, where a Canadian immigration visa officer may immediately provide you with a TRP, but this method has high risk factors as you will face stricter scrutiny. If you are refused a TRP, it would cause you to fail work obligations as a flight crew that day and immediately take the first available flight back if denied.
You can also mail a physical application to the Canadian consulate. This application method will take longer to process, approximately 4-8 months, but has a higher chance of approval than applying at the port of entry. For flight crews, it may be difficult to know your work schedule months ahead, but you could apply for a multiple-entry TRP that could be valid for up to three years. All documents must be prepared accurately and truthfully to avoid any possible delays.
It is important to note that a TRP is always a temporary solution, and is usually recommended to those who are not eligible for the permanent solution, Criminal Rehabilitation (CR) or those who are waiting on the decision on their CR application, but must enter Canada. Read in more detail about the application process in Temporary Resident Permit (TRP)
Criminal Rehabilitation is the permanent solution to criminal inadmissibility if approved. The application process for CR is much lengthier and meticulous that needs to be completely accurate and thoroughly done. A CR is often a prerequisite to getting hired at airlines that travel to Canada frequently if you are found to be criminally inadmissible.
The eligibility criteria differs depending on what kind of offence you have and what the equivalent Canadian law is:
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.
It is recommended for anyone who is eligible for CR to apply as soon as they meet the criteria, as the processing times can be around 12-18 months. Processing time can vary for the type of criminality and the amount of offences there are on your record. It is also very common for those who have already applied to CR to apply for a TRP at the same time in order to be able to enter Canada during the processing time.
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 no more than a single non-serious crime. There is no application process once eligible, but it is still not a guaranteed entry pass. Canadian visa 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:
An immigration lawyer can assess your records and ensure that you should not be considered inadmissible. However, if a Canadian visa 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.
If you are looking to start a career as a pilot or flight attendant, having a criminal record may severely restrict your work assignments and schedules. Airlines may require proof that you are not criminally inadmissible to any country during the hiring process or require you to apply for a multiple-entry Temporary Resident Permit or Criminal Rehabilitation. So, it’s crucial to understand your criminality, the different options available to you and the steps you can take to overcome criminal inadmissibility.
A multiple-entry TRP application has a higher chance of being approved if you have received a Conditional Job Offer (CJO) for a flight crew position and demonstrate significant need to enter Canada before you are eligible for CR. Applying for a CR is always the recommended route for anyone that is eligible and wants to become a flight attendant or a pilot. While waiting for the decision on the CR application, you may apply for a TRP.
It certainly helps. As highly experienced immigration lawyers, we have assisted countless pilots and flight attendants seeking to overcome their criminal inadmissibility for their career. Each application process is highly complex, requiring accurate and comprehensive details. Applications for safety related professions such as aviation could be assessed more thoroughly and strictly. Contact us at Canadim to have an immigration lawyer maximize your chances of approval and avoid the delays in your application.
An extensive background check will be done on anyone who the airline crew is hiring to ensure safety and admissibility. All US-based airlines that have flights to Canada will likely ensure that their staff will be able to enter and smoothly fulfill their work duties. Many airlines will require an approved Criminal Rehabilitation or multiple-entry TRP in order to join training and be fully employed.
Yes, Driving Under the Influence (DUI) charges have been considered a serious criminality in Canada, since December 18, 2018. This means that a single DUI/DWAI/OWI/DWI charge from after December 18, 2018 will never be considered for deemed rehabilitation. If your single DUI charge was before December 18, 2018, after 10 years passes from the time you finished your last sentencing you may still be deemed rehabilitated. Read more about entering Canada with a DUI.
Flight crews get denied entry into Canada as often as anyone else. However, since flight crews are directly responsible for the safety and security of passengers, they may undergo more scrutiny. To avoid complications and delays in your career, it would be recommended to speak to an immigration lawyer who can assess your criminality and figure out the best course of action for you based on experience.
No, an airline does not have the authority to sponsor a criminally inadmissible person for entry into Canada. If you are criminally inadmissible, you must apply for CR or TRP to enter Canada to Canadian immigration visa officers.
No, if you have not addressed your criminality and obtained the proper permits, you may not work layovers in Canada with a criminal record. Even if you do not plan on stepping out of the airport at all, criminal inadmissibility means you must obtain permission to be on Canadian land, including the airport. You will likely have to get on the next flight back to the US at your own expenses.
Yes, if you are only in Canada for a short amount of time for a layover, you will still be required to obtain a TRP. Otherwise, you may be required to buy the next flight back to the US and leave Canada immediately.
Non-convictions such as a pending charge, expunged record, dismissed charge, acquittals, pre-trial diversion, may still cause issues at the border. The Canadian visa officer must be provided with a clear organization of your criminal history and all of the court documents involving the charge. A legal opinion letter can provide the officer with the clear explanations of the non-conviction and why you should not be considered inadmissible while minimizing any chances of misinterpretation.
Yes, all private jet pilots are subject to the same laws as commercial airline pilots. You must obtain the proper permits in order to enter Canada and most private jet companies will screen all of their flight crews for admissibility issues beforehand.
Yes, but you must follow the proper legal process to rehabilitation if you are planning to travel to Canada for work. You will be eligible for criminal rehabilitation if five years have passed since the completion of your most recent sentence. Read more about entering Canada with a felony.
Contact us at Canadim today. We will guide you through every step of the way ensuring the best outcome possible.
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