Criminal record holders can enter Canada without travel restrictions, as per the latest reports.
Canada removed all restrictions related to the Covid-19 vaccine for air travelers. As a result, even those without vaccination can enter Canada. This further implies that they will not have to undergo the process of quarantine or display any vaccination proof.
However, removing restrictions doesn’t mean everyone will easily enter the country. People with criminal records might face issues if they seek to come to Canada. Possessing any criminal record makes it challenging for individuals to move to Canada even though a long time must have elapsed since the conviction.
A Temporary Resident Permit often allows people with a criminal record to enter Canada. Apart from this, they can enter Canada when they can also present proof of completing the process of Criminal Rehabilitation.
Inadmissibility situation in Canada
Felony convictions also lead to an individual’s inadmissibility in Canada. Common offenses such as rash driving due to intake of drugs, alcohol, assault, or fraud are severe but minor offenses. However, minor offenses also have the power to prevent you from entering Canada, irrespective of the time they were committed. Compared to other situations, individuals currently under conviction or undergoing a sentence or even if in terms of the recent completion of the punishment, will have the slightest chance of admitting to the country.
Temporary Resident Permit
Applying for a Temporary Resident Permit can help in case of entering Canada for a particular time. A TRP allows you to enter legally into Canada for a specified period if you have a strong reason behind your visit. TRPs don’t have a specific time for applying, even if you completed your sentence or punishment a long time ago or are currently undergoing the sentence.
However, it would help if you remembered that the more severe the crime, the more difficult it becomes to gain admissibility in Canada. It will also depend on when the crime was committed and if it’s still prevalent.
The TRP application process for criminal record holders
A Temporary Resident Permit often has two alternatives for seeking to apply for it. Both alternatives require you to submit supporting documents. Moreover, these documents must also explain the reason behind your inadmissibility to Canada and why you’re planning to visit the country.
An immigration officer will review all applications and check out your possibility of entering Canada based on the risk or benefits involved in permitting you. Additionally, your previous conviction will majorly affect his decision-making.
In case of already have approval, a TRP’s validity complies with the duration of your stay in the country. Besides this, you will also need a new one whenever you enter Canada.
IRCC will receive your complete application, but you must also submit all the essential documents. The department will give the final approval.
Applying for the Consulate’s assistance
U.S citizens have a greater chance to apply with their TRP application to a Consulate in Canada well in advance. The processing time will differ but will most likely provide admissibility to Canada. You will not have to spend extra time at the port of entry.
Port of entry- the application process for criminal record holders
One can acquire a TRP when they come to the port of entry, including a land border or airport. However, it is not certain that the immigration officer will permit you to become admissible to Canada. The on-duty officer will have the final say in approving your admissibility. He will analyze the pros and cons of allowing you to enter Canada. Moreover, he will assess whether your entry can cause any harm to the safety and health of the existing Canadians. In case you get disapproval regarding your entry into Canada, you will have to demonstrate approval from a Canadian consulate.
Criminal Rehabilitation
Criminal Rehabilitation is a process for individuals with a previous record of not getting permission to enter Canada but who have completed five years and above after their sentence.
This process of Criminal Rehabilitation can help you out a great deal, provided you can demonstrate the fact that you have lived a stable and healthy lifestyle for the past five years. Additionally, you will have to prove that you are no longer associated with any criminal activity.
However, the five-year calculation will largely depend upon the kind of sentence you completed.
The types of sentences are as follows:
Suspended Sentence– Five-year calculation from the sentencing date.
Paying a fine (Suspended Sentence)– Five-year calculation from the date of paid fine. If there are different payment dates, consider the last payment.
Imprisonment is devoid of Parole– A five-year calculation from the date of final parole.
Imprisonment with Parole– Five-year calculation from the date of completion of the parole.
Probation– Calculating five years from the probation’s finishing date.
Prohibition related to driving– Counting five years from the prohibition’s completion date. The criminal court restricts you from driving.
Legal Opinion Letter
A Canadian lawyer provides a Legal Opinion Letter and a legal reason for your entry into Canada before the Canadian border officers. They give this letter by working out the various sections of Canadian law.
The conviction type plays a significant role
An individual’s rehabilitation can be determined through the Canadian standard of the crime committed. By Canadian standard of crime, it implies the intensity of that crime in Canada. IRCC distinguishes between convictions with less than a ten-year sentence and the ones that are for above ten years sentence. A sentence with more than ten-year convictions is a severe conviction. Consequently, such a conviction can result in a negative impact and will make rehabilitation less possible. Once you fall under the rehabilitated category, you will not require to go through the process each time while admitting into Canada.
