Being Denied Entry Into Canada Based On Criminality

The North American Free Trade Agreement (NAFTA) makes it fairly effortless for Americans to penetrate Canada as business guests or to attain work allows as intra-company transferees or NAFTA Professionals. One thing that NAFTA does not make easier is criminal inadmissibility.

Lots of convictions in the U.S., counting DUI and Negligent Driving - 1, can make a person not permitted to Canada. This is because criminal inadmissibility is based on how the equivalent offence is treated in Canada, not in the country where the conviction took place.

In numerous cases, an American with a criminal record may have been able to travel in and out of Canada without any problem. This is largely because Canadian boundary executives do not usually ask every person entering Canada whether they have a unlawful conviction. However, Canadian boundary executives do have computer access to a lot of United States of America criminal records, and more frequently now Americans with criminal records are experiencing difficulties at the Canadian border. Being denied admission into Canada can be both upsetting and costly to a business and trade.

If a perimeter official asks whether you have any criminal convictions, always retort truthfully. Failure to divulge could result in a temporary forbid from Canada for misrepresentation, and will make border officers less keen to use discretion to permit entry into Canada.

If a boundary executive finds someone is criminally not permitted, there are both provisional and permanent ways to overcome the inadmissibility, together with the following options:

1. Expungement of U.S. convictions, when available, will usually overcome inadmissibility

2. Five years after the conclusion of the prison term, individuals can apply for Criminal Rehabilitation

3. Prior to the five years, a person can apply for a Temporary Resident Permit (TRP) which does not do away with the inadmissibility, but lets brief entry into Canada

4. Ten years after the conclusion of a sentence (where there is a single conviction) a person may be qualified for Deemed Rehabilitation

It is always suggested that you talk to a Canadian immigration lawyer about any illegal offence, no matter how insignificant or how antique, before trying to enter Canada. The more lead time the better, as the process can time to process.

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