Being charged/ convicted of a crime can make you criminally inadmissible to Canada if you are not a Canadian citizen. Well, if you seek entry at a Canadian border when you are criminally inadmissible without having the appropriate documentation at hand, you risk being turned away by Canadian border authorities. Also, prior to seeking entry into Canada, you must consider the options you have to overcome your criminal inadmissibility. Being spread in advance can help avoid the disappointment and many inconveniences you might face upon being denied entry. It includes long waiting times and unexpected travel costs – not to mention the disruption of your travel plans. This blog covers the options for criminally inadmissible travelers to Canada. 

So, without further ado, let us begin! 

Option 1: Temporary Resident Permit (TRP) 

Among the options for criminally inadmissible travelers to Canada, the first one is the Temporary Resident Permit. 

A Temporary Resident Permit enables a criminally inadmissible individual to enter Canada for a specific reason and period. 

An individual who is inadmissible under the IRPA may request special permission to enter/ remain in Canada. 

If granted, the TRP might be validated for one day to three years. It might be issued for a single entry or multiple entries, depending on the circumstances. 

The TRP is always issued at the discretion of Canadian immigration authorities and might be canceled at any time. 

To obtain a TRP, you need to convince authorities that you have reasons to enter Canada. You also need to tell them that you will not pose any danger at the border. 

That said, you might also want to consider submitting a TRP application online. 

Moreover, if your application is successful, you can gain peace of mind and save time at the border. However, if your application is refused, you avoid the troubles related to being refused at a Canadian border.  

Option 2: Criminal Rehabilitation 

If at least five years have elapsed from the time you have completed all aspects of your sentence, you can become eligible to submit a criminal rehabilitation application to Canadian immigration authorities. 

Criminal rehabilitation enables you to remove your grounds of criminal inadmissibility permanently. To do so, you must prove and convince immigration authorities that you lead a stable lifestyle and are unlikely to re-offend. 

Once you have been granted criminal rehabilitation, the offense you have been rehabilitated for can no longer hinder your application. 

If you are eligible to submit an application for criminal rehabilitation, then you must consider applying promptly, as processing times can be lengthy. 

That said, if you have applied for criminal rehabilitation, but have not received a final decision in time in your Canadian travel plans, you might be able to simultaneously apply for TRP if it is justified in circumstances. 

Applying for a TRP while already having a criminal rehabilitation application submitted might give immigration authorities the impression that you have already taken the necessary steps to overcome your criminal inadmissibility in the long term. 

Option 3: Deemed Rehabilitation 

Another one of the options for criminally inadmissible travelers to Canada is the deemed rehabilitation. 

If more than ten years have passed since you have completed/ finished all aspects of your sentence, you might also be deemed rehabilitated. 

You might only be deemed rehabilitated if you meet the requirements set out in section 18 of the IRPA, namely if you were convicted outside of Canada of no more than an offense that, if committed in Canada at that time, would have constituted an indictable offense punishable by a maximum term of imprisonment of less than ten years.  

Further, once more than five years have passed since you have completed all aspects of your sentences, you might also become ‘deemed rehabilitated’ if you were convicted of two or more offenses that, if committed in Canada at that time, would have constituted offenses punishable by summary conviction. 

Being deemed rehabilitated implies that you are no longer inadmissible to enter Canada. However, you might still want to consider presenting a legal opinion letter drafted by an immigration attorney with supporting documentation.

Presenting this letter to border authorities can help clarify your inadmissibility to Canada, irrespective of your criminal record. Also, this might help avoid disruption of your travel plans. 

If you seek information on how to begin your Canada immigration application process, you can talk to our NavaImmigration experts at 1800-918-8490. You can also drop us an email at [email protected].