Those with a criminal history may be ruled criminally inadmissible to Canada, which might prevent them from obtaining a visiting visa and allowing them admission.
However, persons with a criminal history shouldn’t give up because the Canadian government provides a few options for overcoming criminal inadmissibility.
Permit for Temporary Residency
If you have a criminal record and want to go to Canada, a Temporary Resident Permit (TRP) is a temporary solution. An applicant must be able to convince Immigration, Refugees and Citizenship Canada (IRCC) that the advantages of their travel exceed the dangers in order to qualify for a TRP.
TRPs are a route open to people looking to visit Canada temporarily. When compared to applying for criminal rehabilitation, the approval process is frequently quicker. (more on this later). Many candidates opt to submit simultaneous TRP and criminal rehabilitation applications.
Criminal Offender Rehab
Inadmissibility can be permanently resolved by criminal rehabilitation. If Canada grants a request for criminal rehabilitation, the applicant’s previous history won’t prevent them from entering the country as long as they don’t commit any other crimes.
A visitor cannot seek for rehabilitation until at least five years have passed since the end of their most recent sentence.
The processing fee for criminal rehabilitation is determined by the seriousness of the offence committed. Fees can range from $200 CAD (for minor infractions) to $1000 CAD (for significant infractions).
Rehabilitation regarded
Criminally inclined visitors to Canada may also be regarded as having been rehabilitated. A visitor may be regarded rehabilitated if more than ten years have passed since they were found guilty of a non-serious crime (and no further crimes were committed during that time).
It is important to note that this procedure is automatic and is chosen by a Canadian Border Services Agency (CBSA) officer rather than one for which one must apply.
Before traveling, it is advised to confirm one’s status as being in considered rehabilitation because visitors may be turned away at the border at the sole discretion of a CBSA officer. To support their vacation and achieve peace of mind, many travellers decide to speak with an immigration attorney before their trip – for instance, a lawyer might be able to draught a legal opinion letter to help visitors and CBSA agents avoid needless misunderstandings.
Letter of Legal Opinion
A Canadian immigration lawyer can prepare letters that include information about a visitors charge and the lawyer’s legal opinion of the circumstance. This form of letter clarifies the legal situation, points out potential risks, and cites pertinent Canadian law—explaining why a visitor should be considered admissible to Canada in the end.
A TRP or rehabilitation application may also be supported by a legal opinion letter.
There are significant justifications for promoting tourism even though Canada maintains tough laws against criminal activity. Statistics Canada estimates that the third quarter of 2022 saw a $19.5 billion CAD boost to Canada’s economy from tourism, along with the creation of 463,000 new employment in the sector.
It can be easier to travel and enter Canada if you are aware of your alternatives for overcoming criminal inadmissibility.
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