How Americans Can Overcome Criminal Inadmissibility to Canada

For many Americans, learning that a past offence may prevent entry to Canada can come as a surprise. The situation often arises unexpectedly when a traveler is already at the border or planning a trip.

However, criminal inadmissibility does not always mean someone will never be able to enter Canada again. Canadian immigration law provides several mechanisms that may allow a person to overcome inadmissibility depending on the nature of the offence and the amount of time that has passed.

Understanding these options begins with understanding section 36 of the Immigration and Refugee Protection Act (IRPA).

How criminal inadmissibility arises under section 36 IRPA

Section 36 divides criminal inadmissibility into two main categories.

Americans entering Canada are generally considered foreign nationals, meaning section 36(2) often applies.

However, certain offences may still fall under section 36(1) if the Canadian equivalent offence carries a maximum sentence of at least ten years.

The three main solutions to criminal inadmissibility

Canada provides three primary ways that a person may overcome criminal inadmissibility.

Temporary Resident Permit

A Temporary Resident Permit (TRP) allows a person who is otherwise inadmissible to enter Canada temporarily.

This option is often used when:

●        the person needs to travel soon

●        not enough time has passed for rehabilitation

●        there is an important reason for the visit

A TRP does not permanently resolve inadmissibility. It simply allows entry for a limited period of time.

Criminal Rehabilitation

Criminal rehabilitation is a more permanent solution.

If approved, it removes the inadmissibility connected to the offence covered in the application.

Generally, a person becomes eligible to apply for criminal rehabilitation five years after completing their sentence, including probation and payment of fines.

Deemed Rehabilitation

In some cases, a person may be considered deemed rehabilitated without submitting an application.

This may occur when:

●        enough time has passed since the offence

●        the person has only one conviction

●        the offence does not fall within serious criminality

However, not all offences qualify for deemed rehabilitation.

Why determining the Canadian equivalent matters

Before determining which option may apply, immigration authorities first identify the Canadian equivalent offence. For example:

The Canadian equivalent determines whether section 36 applies and which remedy may be available.

Why timing matters

Many people misunderstand when eligibility for rehabilitation begins.

The relevant timeline is based on when the sentence was completed, not when the conviction occurred.

The sentence may include:

●        probation

●        fines

●        community service

●        license suspensions

●        other court-ordered conditions

Because of this, the five-year period may begin later than people expect.

Educational purpose of this article

This article is intended to provide general educational information about criminal inadmissibility and available immigration remedies.

A&M Canadian Immigration Law Corporation offers professional assistance with Canadian admissibility issues, including criminal inadmissibility. Connect with our Winnipeg-based team or book online.

Disclaimer

This article is provided for educational purposes only and does not constitute legal advice.

Sources

Immigration and Refugee Protection Act – Section 36  

Overcoming criminal inadmissibility