Are you considering visiting Canada for vacation?
If you are, and you have a criminal record, you may be worried about gaining entry into Canada.
Canada, the world’s 2nd largest country, is a wonderful place to plan a vacation. From coast to coast, there are many places to go and beautiful national landmarks to visit. There are many sights to see for those visiting Canada, including the Canadian Rockies, Niagara Falls, Moraine Lake, and charming islands like Prince Edward Island. There are 48 national parks in Canada.
Canada also has many thriving modern cities like Toronto, Vancouver, Montreal, and Ottawa, among others. There is no shortage of interesting destinations to visit. It is no wonder that Canada is a popular destination for tourists from all over the world.
However, you may be worried about your ability to visit Canada if you have a criminal record. The following guide explains whether you can visit with a criminal record, what crimes can affect your entry, and what options are available to you if you are inadmissible.
Can you Travel to Canada for a Vacation with a Criminal Record?
Over the years, the United States and Canada have shared more and more information with each other. The criminal databases of both the FBI and Canadian RCMP are coordinated so that information about crimes is instantly accessible.
If you have been charged with a crime, or even arrested and not found guilty, you could be deemed inadmissible by authorities at the border and denied entry into Canada. Even something as minor as a DUI could keep you from gaining entry.
It is still possible to travel into Canada even with a criminal record. If you are deemed inadmissible, you must be granted permission by the Canadian government to gain entry into the country. There are two main ways to solve this problem, applying for a Canadian Temporary Resident Permit (TRP) or applying for Criminal Rehabilitation. Getting a pardon from the Canadian government is another possible solution.
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Crimes that Make you Inadmissible to Canada
It is the traveler’s responsibility to check ahead and gather all of the information and documents they need to enter Canada. You could be denied for a crime or being arrested for a crime, so it is important to plan ahead before your vacation.
What kinds of charges can keep you from being able to visit Canada? Committing a crime in Canada or an equivalent crime inside of Canada will make you inadmissible. If your charges were dismissed or discharged and committed in Canada, you won’t be inadmissible. If your charges were dismissed or discharged and committed outside of Canada, you may still be inadmissible.
There are three different kinds of crime that could make you inadmissible to Canada.
- Indictable- An indictable crime is a more serious crime that is similar to a felony. Some examples of this type of crime are assault, murder, and theft of large amounts of money.
- Summary- A summary crime is a less serious crime that is similar to a misdemeanor. This is the least serious sort of crime under Canada’s Criminal Code.
- Hybrid- A hybrid crime is one that could have been tried as a summary crime or an indictable crime. The prosecuting attorney would be the one to determine, based on the seriousness of the crime and other factors, if it is a summary or indictable offense.
Temporary Resident Permit Application
The Temporary Resident Permit (TRP) application is an option for those interested in visiting Canada but who have a criminal record. The TRP is a temporary waiver that can last up to 3 years. It is typically granted in certain circumstances having to do with work, family, or an emergency. If it has been less than 5 years since you were done serving time, including probation and fines, you should apply for a TRP.
It can take 4-6 months, or up to 1 year in some cases, so it is important to plan ahead. If you have committed any crime, even a minor one, you will need to prove that your need to visit is greater than the risk of allowing you entry.
Criminal Rehabilitation Application
If your visit to Canada is not urgent, it would be better for you to apply for Criminal Rehabilitation instead. Criminal Rehabilitation takes longer, 12-18 months, but if you are approved it would be permanent.
Who can be approved for Criminal Rehabilitation? If it has been longer than 5 years since you finished serving time, including probation and fines, you may be deemed rehabilitated. If you are considered rehabilitated, you gain entry to Canada.
You may be Eligible for Deemed Rehabilitation
Deemed rehabilitation is another way to gain entry to Canada if you have committed certain crimes. If the crime you committed would carry a sentence of fewer than 10 years in Canada, you could be eligible. Most minor crimes would fall under this, including DUIs and DWIs. If you have more than one offense, you will not be eligible.
If you are deemed rehabilitated, you will be able to enter the country of Canada at the border. The officer will be the one deciding if you are admissible or not. It is important to not become upset and remain cordial. Causing a scene could lead to being arrested and detained, so it is in your best interest to remain calm if denied entry.
If you have been convicted of a crime inside Canada, your best option is to apply for a pardon from the Canadian government. There are services that can assist you with documentation and the application process. A Canadian pardon service will specialize in helping those with criminal records gain entry into Canada.
While it is possible to apply for a pardon on your own, reaching out to an agent is advisable. They can make sure you have everything you need and that you do all the steps required. If you need help navigating this process, reach out to a pardon service agent for help.
Contact us today for a free consultation at 1-866-972-7366
