Travelling to Canada for the holidays can become complicated if you have a criminal record, even when the offence appears minor. Canadian border officials assess criminal admissibility strictly, and non-citizens with prior charges or convictions may be denied entry based on how their offence aligns with Canadian law.
Canadian immigration authorities do not rely on how an offence is labeled in another country. Instead, they examine whether the act would constitute a criminal offence under Canadian legislation at the time it occurred
How Canada Assesses Criminal Inadmissibility
Criminal inadmissibility arises when a foreign offence has a direct equivalent under Canadian law. You may be found inadmissible even if the charge did not result in a conviction, as pending charges and admitted acts can also affect admissibility.
Canada divides offences into two main categories for immigration purposes: criminality and serious criminality. This classification is based on the maximum punishment attached to the offence under Canadian law, not on how serious it may appear in another country.
Hybrid offences are treated as indictable offences for immigration assessment, even if they can be prosecuted as summary offences in Canada
1. Criminality Versus Serious Criminality
Criminality may apply if you were convicted outside Canada of an offence that would be indictable in Canada, or if you were convicted of two separate summary offences. Even committing an act abroad that would be considered indictable in Canada can trigger inadmissibility.
Serious criminality applies when the offence carries a potential sentence of ten years or more under Canadian law, or when a prison sentence of more than six months has been imposed. Offences falling under this category almost always result in refusal at the border without prior approval.
2. Minor Offences That Can Still Block Entry
Many travelers assume that only serious crimes lead to refusal. In reality, certain minor offences can still result in criminal inadmissibility, especially when multiple offences are involved.
Examples of offences that may appear minor but can still affect entry include theft or fraud under $5,000, vandalism involving low-value property damage, trespassing at night, public indecency, failure to appear in court, causing a disturbance, animal cruelty, threatening assault, and taking a vehicle without consent.
While a single summary offence may not always result in refusal, two minor offences or one hybrid offence can be enough to block entry into Canada
3. DUI And Border Admissibility
Driving under the influence is one of the most misunderstood offences when travelling to Canada. Prior to December 2018, DUI offences could be treated as summary offences depending on the circumstances. However, legislative changes upgraded most DUI offences to serious criminality.
Any DUI committed after December 2018 is generally considered an indictable offence in Canada and can automatically render a traveler inadmissible without prior approval.
Options To Overcome Criminal Inadmissibility
There are limited legal pathways to overcome criminal inadmissibility and gain entry to Canada. These options depend on the nature of the offence and how much time has passed since sentence completion.
The three main options are deemed rehabilitation, criminal rehabilitation, and a Temporary Resident Permit.
1. Deemed Rehabilitation
Deemed rehabilitation applies automatically if enough time has passed since you completed all aspects of your sentence, including fines and probation. For summary offences, this may apply after five years. For indictable offences, a ten-year waiting period is usually required.
If you qualify, the offence no longer affects your admissibility, and no formal application is required
2. Temporary Resident Permits
A Temporary Resident Permit allows entry despite inadmissibility when there is a compelling reason to travel, such as urgent family matters or essential business. TRPs are discretionary and may be refused if the reason for travel is deemed insufficient.
Only US citizens and permanent residents may request a TRP directly at a port of entry. The processing fee is $246.25, and the permit is valid only for a limited period.
3. Criminal Rehabilitation
Requires a formal application if sufficient time has passed since completing the sentence. This process can take over a year to finalize.
Why Advance Assessment Matters During The Holidays
Holiday travel often results in increased border scrutiny and longer processing times. Travelers with prior offences are strongly advised to assess their admissibility well in advance to avoid refusal at the border.
Consulting an immigration professional can help determine the Canadian equivalency of an offence and identify the most appropriate pathway for entry.
Key Takeaways
- Minor offences can still result in denial of entry at the Canadian border.
- Canadian immigration assesses offences based on Canadian law equivalency, not foreign labels.
- Two minor offences or one hybrid offence can trigger inadmissibility.
- DUI offences after December 2018 are considered serious criminality.
- Options such as deemed rehabilitation or a Temporary Resident Permit may allow entry if eligibility requirements are met.
Tags
Temporary Resident Permit, Deemed Rehabilitation Canada, Canada Immigration Travel
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