In March 2022, US residents took 465 200 trips to Canada, this is 5x higher than the amount of US residents travelling cross-border in March 2021. With the Covid-19 restrictions at the border and ArriveCan no longer being necessary, this number is only expected to increase. As the US holiday season nears, many start to make plans to travel, visit family and friends, and sightseeing.
For most, they don't have to think twice about these travel plans. But for others, particularly those who have been previously refused at the Canadian border due to criminality, lack of ties to the United States, or a previous overstay, these holiday plans may pose more difficulty. This is where a lawyer can help.
Criminal Inadmissibility Can Result in Your Being Denied Entry to Canada
Anyone who has ever been arrested or convicted of a crime may be criminally inadmissible to Canada and refused entry at the border. Do you have a DUI or DWI misdemeanour offence in your past? Was this offence 5, 10, or even 30 years ago? This may still result in being considered inadmissible to Canada. In addition, if you are recently arrested, released on bail, and still awaiting your court date, you can still be refused entry to Canada - even without a conviction! This is why it is important to plan before your proposed trip to Canada if you have a criminal record to avoid any difficulties at the border.
Impaired driving, though a misdemeanour in most States, is considered a serious crime in Canada. A single DUI or DWI offence can now cause problems at the border - even if transiting through to Alaska - regardless of how long ago the offence was committed. As a result, should an old DUI/DWI offence come to the attention of a border agent, there is a high possibility that you may be turned away and considered inadmissible.
The most important thing to keep in mind about inadmissibility is that border agents will look for the equivalent Canadian statute in the Criminal Code. This is why a misdemeanour such as careless driving can result in denial at the border. What might be a single misdemeanour can be treated as though it were the equivalent of a felony or other criminal offence under the Canadian Criminal Code.
If there is an arrest or conviction on your criminal record, then you have the burden to prove to the Canadian border agents that despite this criminal history, you should still be permitted entry to Canada. Border agents will rarely take only your word as evidence. You must provide proof demonstrating that you are not a danger to Canadian society. Whether this evidence is court records showing "not guilty" or an acquittal or evidence of your years as a law-abiding citizen with no further encounters with the law, this proof must be credible, demonstrable evidence that you can present to the border officers.
How to Avoid Being Denied at the Canadian Border
To be permitted entry into Canada with a criminal record, a Temporary Resident Permit (TRP) or Criminal Rehabilitation (CR) certificate is required. A TRP will allow an American or other foreign residents who are otherwise inadmissible to enter Canada.
A Temporary Resident Permit can have a validity of up to 3 years. This will allow the permit holder to travel into or transit through Canada as many times as required during the validity of the permit. This will allow for ease of travel into Canada for cross-border shopping, visiting with family and friends, and transit through on road trips or to catch your connecting flight to another country. A TRP is only valid for a set duration, and once the TRP is no longer valid, you will need to reapply.
On the other hand, Criminal Rehabilitation provides a more permanent option for those who are seeking to enter Canada for whatever reason. If you have paid all fines, fully served your sentence, and/or completed your restitution five years ago or more, you may be eligible for Criminal Rehabilitation. A potential applicant will need to provide evidence that they have completed their sentencing. However, approval isn't always guaranteed. Depending on the number of offences and the type of offences on your criminal record, immigration officers may request further information.
If you are planning a trip to Canada for holiday, to visit family and friends, or to work and you are worried about the effect your criminal record may have on your plans, click here to book your consultation to learn how a mistake in your past won't affect your future.
Comments