Entering Canada requires certain formalities to be fulfilled if foreign nationals want to become admissible to Canada. They even have to pass a criminal background verification along with medical examinations. If you are a foreign national with a record of criminal offenses, have been convicted in the past, or were arrested for committing any crime, you will not be admissible in Canada. This situation will make you criminally inadmissible to Canada. Foreign nationals convicted or arrested of any crime need to be equivalent to their standard of Canadian laws when making the final decision on an individual’s criminal inadmissibility.
How can a person possibly overcome the inadmissibility issue in Canada in case of a criminal offense? Well, this will depend upon the nature of the crime, whether it is serious or non-serious and the time which has passed since the individual completed his sentence. The amount of time that has elapsed will also comprise the probation period and fines paid.
Here are the top FAQs on Canada’s inadmissibility issues with the best possible answers:
1. How can we define inadmissibility?
When an individual is officially considered inadmissible, they are prohibited from entering Canada, probably due to an existing criminal record or medical issues.
2. Is it possible to travel to Canada while you hold a criminal record?
It isn’t possible to travel to Canada if you have an existing criminal record. If you are considered rehabilitated, then you will immediately become inadmissible to Canada. However, you can travel to Canada through the Temporary Resident Permit (TRP) or if your application under Criminal Rehabilitation is accepted.
3. How will you qualify if you are regarded as Rehabilitated?
If you have acquired the status of being rehabilitated, then you will not be considered inadmissible to Canada. However, the factors determining your admissibility include the conviction figures and the amount of time elapsed since the conviction. Depending on these factors, you might even become immediately admissible to Canada even though you have a criminal record.
4. What does the term Temporary Resident Permit imply (TRP)?
A Temporary Resident Permit is a unique document permitting individuals with criminal or medical inadmissibility issues to enter Canada temporarily. The TRP is issued to an individual only under specific conditions. When he has an authentic reason to come to Canada and can even prove that his stay will benefit the country in some way or the other as compared to causing any risk or threat to its society. The TRP can be provided for a maximum of three years. Completion of punishment isn’t a compulsion for this, and admissibility depends upon the validity of reasons for entering Canada.
5. Can an individual trip to Canada if their charge is dismissed and he has zero convictions?
You won’t fall under the inadmissibility category if you were earlier accused of an offense but later dismissed for it.
6. What is meant by the term “Indictable offense”?
Under the Canadian Criminal Code, serious crimes or offenses are called Indictable Offenses. These serious offenses are heavily charged with penalties compared to less severe summary offenses. The U.S comprises certain felonies that are rendered equivalent to indictable Canadian crimes, while it also has other certain offenses related to an individual’s misconduct, which might be regarded as indictable offenses. To determine whether these criminal activities are serious or not, according to the standard of Canadian law, it is essential to thoroughly review the activities.
7. What is meant by a “Summary Offense”?
According to the Criminal Code in Canada, it is observed that summary offenses are basically minor offenses committed by a person, and they usually remain equivalent to misconduct in the U.S. However, this might or might not always have to be true. Therefore, it is essential to thoroughly examine the nature of crime and its equivalence under Canadian law.
8. What is meant by the term “Hybrid Offense”?
A Hybrid Offense could be treated either as an Indictable offense or a Summary offense. However, in the case of immigration, Hybrid offenses are treated as Indictable offenses.
9. If you’re responsible for a drunk-and-drive offense in the U.S, how could you possibly attain a TRP to enter Canada?
Canada adheres to strict laws when it comes to crossing borders. An individual holding any record of conviction or arrest concerning the U.S DUI can regard someone as admissible or inadmissible. Depending on the arrest time and also the amount of time taken to complete the sentence, you will have to acquire a TRP to gain entry into Canada.
10. How to go and work in Canada through a DUI?
Mostly, an individual with a DUI will be acknowledged as inadmissible in Canada for a long period of ten years once he completes his sentence.
You could clear your inadmissibility issues in Canada by applying for Criminal Rehabilitation. If it has already been five years since your sentence completion, you can apply for Criminal Rehabilitation. Working in Canada with a DUI will also make you face inadmissibility issues. You must ensure that you have already applied for a TRP while you apply for a work permit in Canada. TRP is only a temporary solution so, for a permanent solution, you must seek Criminal Rehabilitation because it will abolish your inadmissibility ground.
11. Is it possible to apply for a Canadian PR if one has an existing criminal record?
To get a chance to apply for a Canadian Permanent Residency, you must first apply for a Criminal Rehabilitation.
12. What is meant by Criminal Rehabilitation and how can one apply for it?
Criminal Rehabilitation can permanently abolish your criminal inadmissibility to Canada. You will need to prove that you have completed all parts of your criminal sentence and that already five years have gone by. Aspects such as fine payments and probation are included in the sentence completion.
13. Is traveling to Canada with Cannabis possible?
Entering Canada with Cannabis is prohibited even though its possession and consumption are legalized in the country, for entertainment purposes.
14. Is it possible to enter Canada with a Cannabis conviction?
If an individual has been convicted of Cannabis in the past in any other foreign country, he won’t be able to enter Canada. A foreign conviction can be clearly understood through its equivalent standard under Canadian laws. Suppose a foreign conviction concerning Cannabis is not considered illegal in Canada then it will not be a serious issue.
The following few charges will deem you inadmissible in Canada:
- Carrying dried Cannabis weighing above 30 grams or carrying it in any other form.
- Driving after having consumed Cannabis.
- Any illegal exchange of Cannabis including sale and distribution.
