If you have an assault charge on your record and are considering a trip to our neighbor north of the border, then it’s likely you’re asking the all-important question of: Can I enter Canada with an assault charge or will I be turned away at the border?
This is a perfectly reasonable question to ask, and unfortunately, the short answer is: It depends, and it’s far more complicated than most travelers assume. Canada takes an exceedingly hardline stance on criminal inadmissibility, and an assault charge, even one that has yet to result in a conviction, can definitely put your entry into the country at risk.
Understanding how Canadian immigration law applies to these cases can spare you from a major inconvenience at a point of entry.
Why a Charge Alone Can Be a Problem
One of the most surprising facts for many travelers is that you do not necessarily need to be convicted of assault to run into problems entering Canada. In some cases, even a pending assault charge, arrest record, or unresolved case can raise questions at the border.
Canadian border officials rarely use a “presumption of innocence” in the same way the U.S. court system does. Therefore, if you have a pending assault charge, the border officer will treat it as a conviction. This catches many travelers by surprise, as they assume they will have no issues entering Canada as they have not yet been found guilty of a crime.
How Canada Decides Whether You’re Inadmissible
When you try to enter Canada with an assault charge, border officers don’t look at what it’s called in your home country. Instead, Canadian immigration officers analyze the charge to determine the equivalent Canadian offense, as well as its Canadian classification (whether it’s an indictable, hybrid, or summary offense).
As a result, even if a charge of simple assault in your home country was considered a minor misdemeanor, it can still translate into an indictable offense in Canada, resulting in your being deemed criminally inadmissible.
Simple Assault Versus Severe or Aggravated Assault
The nature of your charge is also a key factor.
A simple (or common) assault charge, particularly one involving a degree of physical contact or violence, may deem you inadmissible. Charges that involved a weapon, caused serious injury, or are classified as an aggravated assault are considered more serious and, as a result, are more difficult to deal with.
What Are Your Options if You Are Inadmissible?
Fortunately, having an assault charge or conviction can have solutions, depending on your specific situation.
Deemed Rehabilitation
For minor, non-violent charges and offenses which were not physically harmful to others, inadmissibility can simply expire over time. However, this is not possible in cases where an individual has caused bodily injury to another.
Criminal Rehabilitation
If you are found to be inadmissible due to the severity of your assault charge and have satisfied certain conditions, you can apply for Criminal Rehabilitation to permanently resolve your inadmissibility to Canada. This often applies once a specific period of time after completing a sentence has passed.
Temporary Resident Permit (TRP)
In circumstances where an individual has a practical reason for requiring immediate entry into Canada, they can apply for a TRP, which allows for temporary entry into the country. It’s a way to temporarily overcome their inadmissibility status.
The appropriate application depends on several factors, including the nature of the charge, when it occurred, whether there was a conviction, and how the charge would be considered in Canada. Many factors will influence what kind of application will apply to your situation, and whether your issue is to be resolved in the long or short term.
Looking to Enter Canada With an Assault Charge? Get a Clear Answer from KLM
Trying to enter Canada with an assault charge without talking to an immigration lawyer is risky. Immigration officers have considerable leeway to deny entry based on their own assessment of your criminal record. Some people try to wing it and hope for the best, but being denied at the border will be added to your Canadian immigration history, making future attempts more difficult.
So what should you do? Make sure you know your status beforehand. At KLM Immigration, one of our immigration lawyers can review your record and the details of your assault charge and advise on the correct application (if necessary) that you will need to make. With the right knowledge and preparation, you can ensure that your trip to Canada will proceed as smoothly as possible. Contact us today at 888-603-3003 to schedule your free case review.
Frequently Asked Questions About Entering Canada With an Assault Charge
Do I still pose a problem if my assault charge was dismissed or later expunged?
You may still pose a problem if your assault charge was dismissed or expunged. A dismissal often means less weight is placed on the incident than if you were convicted, but an official at the Canadian border may still look into the underlying record of the arrest. Also, expungement in your home country does not mean Canadian officials don’t have a record of the underlying arrest or charge.
How do I obtain a Temporary Resident Permit, at the border or do I apply beforehand?
You may apply for a Temporary Resident Permit (TRP) at the port of entry when you reach Canada. However, there are no guarantees that a TRP will be granted as border officers have discretion to approve or deny the permit. In most cases, obtaining a TRP prior to travel through a Canadian Consulate office is the better choice.
How long can I expect for my Criminal Rehabilitation to process?
Processing of a Criminal Rehabilitation application typically ranges from 12 – 18 months, depending on the case particulars and the backlog of the application that is received. Since there is considerable time associated with processing your application, it would be best to start the application well prior to your intended date of travel.
Is an assault charge associated with a domestic violence incident different from other types of assault charges?
Assault charges that are related to domestic violence fall into the same category as other assault charges. Their treatment is based on how the offense would be treated in Canada. However, it’s not unusual that such a charge would draw increased attention, especially if a restraining order was part of the charge.
What happens if my entry at the border to Canada is refused?
If you are refused entry at the border, this refusal creates a record on your immigration file and can potentially make your next attempt to enter Canada more difficult, even after the initial inadmissibility is addressed. That is the reason to verify the facts of the situation in advance of travel.
Disclaimer: This blog post is intended for general informational purposes only and does not constitute legal advice. Immigration law is complex and fact-specific. Please consult a qualified immigration attorney regarding your individual circumstances.
