According to Maple News, foreign nationals with a criminal history may be denied entry into Canada unless they take proactive steps to address their inadmissibility. While Canadian citizens have an absolute legal right to enter the country despite any criminal record, non-citizens—including visitors, workers, and permanent resident applicants—can be deemed criminally inadmissible under specific legal conditions.
Canadian border officials assess all individuals arriving at ports of entry. If a traveler has a criminal record—even without a conviction, or if there are pending charges—they may pose a perceived risk to public safety and be refused entry. This includes any incident that was considered a criminal offence in the jurisdiction where it occurred and matches an equivalent offence under Canadian federal law.
Criminal inadmissibility falls into two broad categories: “criminality” and “serious criminality.” The distinction is based on the severity of the offence and how it would be treated under Canadian law. Minor offences, such as a single impaired driving charge, can still affect your admissibility, while more severe infractions (like those subject to maximum prison terms of 10 years or more in Canada) fall into the serious criminality category, making it more challenging to overcome.
You may be considered criminally inadmissible for several reasons:
– You committed an act that is a criminal offence in Canada
– You were charged with an offence
– You have pending charges
– You were convicted of a crime
The good news is there are legal pathways to overcome criminal inadmissibility. These include applying for a Temporary Resident Permit (TRP), Criminal Rehabilitation, or demonstrating that enough time has passed to allow Deemed Rehabilitation, based on the nature of the offence and its date of completion.
Temporary Resident Permits are often used for short-term visits and are granted at the discretion of Immigration, Refugees and Citizenship Canada (IRCC). Criminal Rehabilitation is a permanent solution and can be applied for five years after completing your sentence. Deemed Rehabilitation may apply if over ten years have passed since the completion of a sentence for a single, non-serious offence.
Planning ahead is crucial. Travellers should obtain copies of their criminal records, understand how their offence is treated under Canadian law, and consult with legal experts if necessary. Attempting to cross the border without addressing such issues may lead to an immediate denial of entry, which can impact future immigration or travel plans.
Maple News encourages individuals with a criminal history to evaluate their options early, as addressing inadmissibility can be a time-intensive legal process, but one that is often manageable with the right guidance.