When a person attempts to travel to Canada and finds that they cannot enter due to a past criminal record, it can be a very disheartening experience. Fortunately, that doesn’t mean you won’t be able to obtain entry in the future. This guide outlines what to do after being denied entry to Canada so you can achieve your travel goals.
Wait 10 Years
One of the simplest things you can do if you were convicted of a non serious crime and want to obtain entry to Canada is to wait. Suppose it has been a decade since you have completed all the requirements of your conviction. In that case, Canada will have deemed you as rehabilitated under its laws, provided no additional offenses have occurred within that time.
Travelers who qualify typically no longer require additional permissions to enter the country. However, obtaining legal consultation may still be helpful, as determining eligibility for deemed rehabilitation under Canadian law involves a thorough assessment of the case’s specifics.
Apply for a Temporary Resident Permit
Another option you have after being denied entry to Canada is seeking out a Temporary Resident Permit (TRP) to overcome your inadmissibility on a short-term basis. Even if it has not yet been 10 years since you completed the terms of your sentence or you have yet to go to court, you can enter Canada with a TRP. This permit is a discretionary measure issued to applicants who demonstrate a need to enter Canada for compelling reasons.
Circumstances where Canada may grant you TRPs include attending a business conference, visiting relatives, or participating in academic or professional opportunities. Applying for a TRP requires submitting supporting documentation to the immigration authorities. Key elements include the justification of why Canada should allow you to cross its borders.
TRPs are typically issued for specific durations, and you will have to reapply if you need to continue entering Canada after the permit expires. Once again, this is another situation where legal expertise is helpful since applying for a TRP demands particular attention to detail and supportive evidence.
Apply for Criminal Rehabilitation
If Canada has deemed you inadmissible to enter due to a crime you committed stateside or elsewhere in the world, you can also seek a more permanent solution by applying for criminal rehabilitation. Obtaining this status involves a legal process that allows individuals to resolve their inadmissibility through a formal application. Once approved, criminal rehabilitation ensures that the individual’s prior offenses no longer render them inadmissible to enter Canada.
However, to qualify for criminal rehabilitation, you must meet certain conditions. You can only apply five years after fulfilling the terms of a sentence. You must also provide an application and various documents, including the court’s judgment and criminal clearance from your home country.
Criminal rehabilitation also requires the payment of government fees, which vary depending on the severity of the offense. It is at this point that authorities will decide how safe it is to let you into the country and if you have demonstrated genuine reform. Successful criminal rehabilitation eliminates the need for additional entry permissions related to the original inadmissibility.
Obtain a Legal Opinion Letter
A fourth avenue is obtaining a legal opinion letter. An immigration lawyer writes this formal document, which presents a detailed interpretation of your case and explains why border authorities should allow you to enter. You can pursue a legal opinion letter if your only non-serious offense occurred more than 10 years ago or if your offense(s) have been dismissed or expunged.
The letter outlines the legal arguments regarding admissibility and references applicable Canadian statutes and case law. Lawyers preparing these letters often include factual evidence demonstrating how the individual’s situation aligns with Canadian entry requirements. Border officials and immigration authorities can use the legal opinion letter to make more informed decisions regarding admissibility.
These letters provide persuasive evidence during border screenings or permit application processes. Immigration lawyers with extensive experience in Canadian entry requirements can offer you the most value when preparing these documents, as they have skills in tailoring legal arguments for maximum impact.
How To Look for a Canadian Immigration Lawyer
Pursuing many of these avenues will require the assistance of a Canadian immigration lawyer. When searching for one, verify their credentials and reputation. Additionally, seek client reviews or testimonials to assess the lawyer’s professionalism, effectiveness, and communication skills.
Equally important is to schedule an initial consultation to evaluate the lawyer’s expertise and approach. During this meeting, ask questions about their experience with cases like yours, expected outcomes, and timelines.
KLM Immigration Can Help You Reenter Canada
Now that you know the different strategies for addressing inadmissibility to Canada, you can take careful steps to resolve them. KLM Immigration can assist you in this process. We have extensive experience helping people enter Canada with a misdemeanor.
Instead of relying on the general advice of paralegals, our Canadian immigration attorneys can provide you with expert assistance in determining your eligibility for TRPs, rehabilitation, or a record suspension. Call us at 1-888-603-3003 to start the process.
