Have you been convicted of a felony, and now you’re wondering if you get admissibility in Canada? If yes, then it is highly possible that you might become inadmissible in Canada, and the Canadian officials might stop at the Canadian border.
However, the inadmissibility is not absolute, and the government of Canada can offer possible solutions to address the admissibility issue. The answer could be the Temporary Resident Permit or the criminal rehabilitation process.
Suppose you are a citizen of the U.S, or even if you hold permanent residency, you might not get admissibility in Canada for immigration or even for a typical visit to the country.
Felony convictions can prevent an individual from entering Canada for the rest of their life. They bear a potential risk of absolute denial for entering Canada even though several years might have passed after the conviction happened.
The immigration officers in Canada can get sufficient information regarding any criminal activity from the database of the U.S. Therefore if anyone commits a felony, he is most likely to be denied from entering Canada.
So, who are the people running the absolute risk of not being allowed to enter Canada? Individuals who have recently committed a crime or are still in the process of serving their crime sentence run the risk of facing more outstanding issues while trying to enter Canada.
Temporary resident permits and criminal rehabilitation are the two main alternatives you can choose from.
Temporary Resident Permit
A temporary resident permit is potentially meant to help those individuals who are otherwise convicted of a felony and can’t enter Canada. TRP allows such individuals to become admissible in Canada legally for a fixed duration, and one can apply for it, regardless of time. TRP differs from criminal rehabilitation because it doesn’t have a specified timeframe for a visit and can be granted to even an individual still in the process of completing his sentence.
Obtaining a TRP can be pretty complicated, particularly when an individual is convicted of a serious offense. This implies that there will be far lesser chances of getting the TRP.
If you wish to apply for TRP, you must provide an application explaining why you are criminally inadmissible to Canada and why you should be admitted to Canada. With your application, don’t miss out on providing all the essential documents to support your claim.
For a conviction for a serious offense, you will need to justify your act before the Canadian government. They might demand additional information on this from you.
You will have to ensure that you complete all your documents in alignment with your TRP application through an immigration lawyer. Once you do this, you can apply to the government of Canada.
Being an American citizen or someone holding permanent residency status in the U.S, you could submit the TRP application either at Canada’s consulate or entry port, that is, land, sea, or air.
TRP applications through Canadian Consulate
The suitable option for submitting your temporary resident permit application is applying through a Canadian consulate. Although the process might take a considerable time (three to six months), it is still best to submit the TRP applications to the immigration officials in Canada.
The final decision on your entry will largely depend on an experienced immigration officer who will consider all the factors justifying your entry into Canada.
Applications through the port of entry
Foreign nationals, convicted of any criminal activity, can access temporary resident permit applications through the port of entry. They can do so even if they have planned to travel at the last moment. Applications at the port of entry are carried out at a faster pace especially if they are at an accessible place, such as those places where you will need to show a passport. These places could be land crossings, sea entry points, or even airports.
Port of entry applications proves advantageous because they have the capability of quick approval. Despite this, the applicant might be denied entry in Canada as this will purely depend upon the border service officials. The applicants are liable to justify their entry before the officials.
Criminal rehabilitation
Apart from TRP, you could even apply for criminal rehabilitation to gain admissibility in Canada. Suppose you have a previous record of entering Canada, then a customs agent in Canada will suggest preventing yourself from any future denials through a criminal rehabilitation application.
You have a chance to apply for criminal rehabilitation if you have been convicted of a felony in a foreign country, provided there has been a long gap of five years since you were convicted. You will receive a rehabilitation certificate once your application is successful and even you are considered rehabilitated. After this, you will be free to cross the border without restrictions. The rehabilitation certificate is a crucial document determining your entry to Canada, irrespective of time.
The rehabilitation certificate is sufficient to let you enter Canada and the temporary resident permit will not be required.
The government’s decision on criminal offenses is based on the intensity of crimes, whether or not they are serious. The government distinguishes the crime based on a criminal sentence of fewer than ten years or more than ten years. A crime sentence of more than ten years is categorized as a severe offense.
Felony conviction- Criminal Rehabilitation Application
Individuals who have committed past severe crimes will be under scrutiny during their application review. Canada’s government will demand a high cost for processing and reviewing such applications.
Criminal rehabilitation is the best option for those who have committed serious crimes, regardless of the time that has passed since the convicted person completed his sentence. The decisions depend upon the circumstances and individual cases. Therefore, Canadian immigration officials make a decision based on their subjectivity.
What is the estimated processing time for criminal rehabilitation applications?
The processing time will be from six to twelve months for the criminal rehabilitation application.
FAQs
Is it possible to enter Canada with a felony arrest?
If there is an existing record of your felony arrest or accusation of the crime, it would be difficult to enter Canada despite not being convicted. In a situation with no existing criminal record, the immigration officer might not consider you innocent. You must possess a statement favorable to you or a result stating non-conviction. You might be denied entry to Canada by the border officials in the event of a record of a felony arrest.
Can an individual entry with a felony conviction?
There are higher chances of inadmissibility in case of a felony conviction. You must apply for a TRP or criminal rehabilitation to try your luck. You might even hold a passport from the U.S, but even then, a felony will be quite unfavorable to you.
What are the types of felonies that could result in Canadian inadmissibility?
Felonies that can render you inadmissible to Canada are fraudulent activities, domestic violence, possession of substance, burglary, trafficking, manslaughter, evasion of tax payment, assault using a weapon, robbery, selling and distributing any substances, money laundering, and vandalism.
Is it possible to be considered rehabilitated with a felony?
A serious criminal record equivalent to the Canadian regulation will not be considered rehabilitated post-completion of ten years sentence. You must try and apply for criminal rehabilitation at a Canadian consulate to avoid inadmissibility once convicted of a felony.
Do I have the option of applying for a TRP with a felony conviction?
Irrespective of any conviction record, you could apply for a TRP. The Canadian government will take its decision while processing your TRP application, based on the nature of the crime committed. You could choose the criminal rehabilitation option if 5 years have passed since you completed your sentence.
