Because it is a hybrid offence, fraud conviction can be either summary or indictable under Canadian law, but for US residents entering Canada, it will always be considered serious. In Canada, a serious offence is called indictable. Regardless of whether you have a misdemeanor or felony on your record, it will be considered indictable.
Getting a TRP with a fraud conviction
A Temporary Resident Permit (TRP) is a permit to enter Canada for a specific purpose. For example, you might consider applying for a TRP if you want to go to a business meeting or a wedding.
There are two ways to apply for a TRP. You can apply at the border or you can apply through the consulate. A border application involves gathering all your court records and relevant documents and taking them with you to the border on the day of travel. This is only recommended if you have a compelling reason to enter the country because it has a high refusal rate. A compelling reason might be a sick relative or an urgent business deal that only you can handle.
If you have a serious felony on your record it might be difficult to get a TRP at the border even if you have a compelling reason.
If you need to get into Canada for a less compelling reason, like a friend’s wedding or a vacation, your best bet is to apply through the Consulate. This could take longer, but your chances of being approved will be higher.
If you have a fraud conviction on your record, you can usually apply for Criminal Rehabilitation five years after the completion of your sentence (including any fines, restitution or probation). This is a permanent solution that will allow you to continue to enter Canada as long as you maintain a clean record.
A Criminal Rehabilitation application takes longer than a TRP application, but once you have it, you can avoid the hassle, fees and uncertainty of having to apply every time you want to enter Canada.
Ten years after the completion of your sentence, you may be deemed rehabilitated. This means that you do not need to make an application, but you may need documents to prove your status. This could include court documents and fine payment receipts.
There are some types of fraud that are punishable by a maximum of more than 10 years in Canada. This means that if you have a conviction that would fall under these categories, you cannot be deemed rehabilitated and you will need to apply for Criminal Rehabilitation even after 10 years. These include:
- Fraud over $5,000
- Fraud involving a testamentary instrument
- Fraud affecting public market of stocks
If you would like to enter Canada with a fraud charge or any other type of criminal conviction on your record, contact us for a free consultation. We’ll go over your options and help you determine your eligibility and the best solution for your needs. Contact us today at 1-866-972-7366.