CANADA: New Rules for Criminal Admissibility to Canada
Certain individuals, previously ineligible for entry to Canada due to past criminality, may be eligible for a fee-exempt "on the spot" temporary resident permit for one visit to Canada, under new rules that took effect on March 1, 2012.
To qualify for the exemption, the port-of-entry applicant must:
- have served no jail time, and
- have committed no other acts that would prevent him or her from entering Canada.
Applicants may be eligible for a fee waiver if they:
- have been convicted of an eligible offense (or its equivalent in foreign law);
- have served no jail time;
- have committed no other acts that would prevent them from entering Canada; and
- are not inadmissible for any other reason.
Eligible convictions include those equivalent to criminal offenses under the Immigration and Refugee Protection Act (IRPA), Section 36(2).
The equivalent convictions vary from country to country. Among others, they include:
- driving under the influence of alcohol;
- public mischief; and
No serious criminal offenses, defined under Section 36(1) of IRPA, are eligible. Among others, they include:
- fraud over C$5000; and
- assault causing bodily harm.
Applicants may become admissible again if they:
- apply for a temporary resident permit and are approved;
- demonstrate through appropriate documentation that they meet the legal requirements to be deemed rehabilitated;
- apply for rehabilitation and are approved; or
- obtain a pardon.
Legal representation for these various applications and processes is strongly recommended because refusal rates are high. Contact your Alliance of Business Immigration Lawyers attorney for assistance.
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