Planning a trip to Canada is an exciting adventure, but it comes with rules and regulations that you should be aware of. Canada is strict about who is allowed to enter the country, and certain criminal offenses can make you inadmissible.
In this article, we’ll break down the common offenses that might make you inadmissible to Canada and provide you with clear solutions to overcome these challenges.
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Common Offenses Leading to Inadmissibility
When it comes to entering Canada, some common offenses can lead to inadmissibility. Let’s take a closer look at each of them:
1. Driving Offenses Involving Alcohol or Drugs
Driving under the influence and related offenses are among the most common reasons people are denied entry to Canada. While these offenses may have different titles or levels of severity depending on where they occurred, most share the potential to render you inadmissible to Canada.
Common DUI Offenses in the United States:
- DUI (driving under the influence)
- DWI (driving while impaired/intoxicated)
- DWAI (driving while ability impaired)
- DWUI (driving while under the influence)
- OWI (operating while intoxicated)
- OUI (operating under the influence)
- OMVI (operating a motor vehicle while intoxicated)
- Reckless driving
In the United States, a conviction of reckless driving is considered an equivalent to the DUI in the U.S., so both can make the person inadmissible to Canada. Another one that is similar is dangerous driving, which also makes individuals inadmissible.
In reality, any significant driving-related offense could ruin your chances of being able to go to Canada, even if you don’t intend to drive while in the country.
2. Fraud and Theft
Fraud is a catch-all phrase that can describe a variety of offenses that have the intention of depriving a party of something which they rightly possessed, whether that party is an individual or a company/organization.
Theft is one of the offenses that fall under the category of fraud. The Canadian immigration authorities state that the extent of the seriousness of the offense varies with the nature of the theft and the amount of the theft.
For instance, if it involves theft under $5,000, it will amount to non-serious criminality, while over that amount, it will amount to serious criminality. On the other hand, if a weapon has been used in a theft or there has been an element of violence or the threat of violence, then these become aggravating factors in the seriousness of the infraction.
3. Assault
Assault encompasses a wide range of threats and physical fights between individuals. The incidents can range from threatening words or actions all the way to bar fights or preplanned and intentional violent crimes.
The seriousness of an assault may be dependent on whether a weapon was used or if bodily harm was inflicted on the victim. If a weapon was used and an injury resulted, then it would be a serious criminality offense.
However, both serious assault and non-serious assault (no weapon or no bodily harm) can render an individual inadmissible to Canada.
4. Drug Offenses
In addition, drug-related activities could also render you inadmissible to Canada. The nature of the drug offense and the circumstances will affect how serious the offense is and therefore could affect the likelihood of inadmissibility.
The classification of drugs within the Canadian Criminal Code varies. The nature and seriousness of the offense, hence the degree of the punishment, would be determined by the classification of a particular drug.
For example, a possession offense involving cannabis would be treated and penalized differently than a possession offense of cocaine. The penalty that will be given to punish the possession of cocaine is usually harsher than that for cannabis.
How to Overcome Criminal Inadmissibility
If you find yourself facing criminal inadmissibility to Canada, there are several ways to address this issue. Let’s explore these options:
1. Temporary Resident Permit (TRP) Application
A Temporary Resident Permit (TRP) can grant you temporary access to Canada for a designated period of time. It is typically used in situations where a traveler has a valid reason for entering Canada, and the benefits of their entry outweigh any risks to Canadian society.
- A TRP application can be granted for up to three years, depending on the reason for entry to Canada.
- Importantly, it does not require the applicant to have completed their criminal sentence.
- A TRP is your solution when you have a compelling reason to enter Canada but are inadmissible due to a criminal record.
2. Criminal Rehabilitation Application
A Criminal Rehabilitation application offers a more permanent solution to your inadmissibility issue. It can permanently clear your past criminal history for the purposes of entering Canada.
- Once approved, you no longer face inadmissibility, and you won’t need a TRP for entry into Canada.
- Criminal Rehabilitation is a one-time solution; you don’t have to renew it.
To be eligible, you must meet the following criteria:
- You must have committed an act outside of Canada that would be equivalent to an offense under the Canadian Criminal Code.
- You must have been convicted of or admitted to committing the act.
- At least five years must have passed since the sentence was completed, including jail time, fines, community service, or probation.
3. Legal Opinion Letter
A Legal Opinion Letter is a measure of prevention against a finding of inadmissibility to Canada. It is prepared by a Canadian immigration lawyer and outlines how a specific conviction might impact an individual for the purposes of Canadian immigration.
- The letter references relevant sections of Canadian law to help the deciding official on your case understand the charges and how different outcomes (conviction, sentencing, etc.) would affect your ability to come to Canada.
- It can even suggest alternate infractions that would not lead to inadmissibility.
Conclusion
It is very important to know what kind of offenses might render a person inadmissible to Canada in order for the trip to be smooth. If one finds themselves in a place where they could be inadmissible, there is a solution to help them overcome such challenges.
By following the proper procedure and remembering the Temporary Resident Permit, Criminal Rehabilitation, or Legal Opinion Letter, you can make your trip to Canada a good experience, hassle-free. Remember, in planning a trip, knowledge is your ultimate travel companion.
Remember, when it comes to planning your trip, knowledge is your best travel companion.
