This term means that someone will not be allowed to enter or stay in Canada. This could be due to their:
• having a criminal record
• having a particular medical condition/s
In most cases, you will not be allowed to travel to Canada if you hold a criminal record.
But if you are deemed to be rehabilitated, you may be allowed to visit Canada. You can apply for criminal rehabilitation and, if you are accepted, you can visit Canada. You can also apply for a Temporary Resident Permit (TRP).
Canada has pretty strict border crossing laws in place.
If you have a record of past arrest or conviction for DUI, you may not be allowed to enter Canada. You may need a TRP for temporary access on the basis of the dates of your arrest and completion of sentencing.
There are several impaired driving offenses in the US that may affect your admissibility regarding entry into Canada. These are:
• Driving While Ability Impaired (DWAI)
• Driving Under the Influence (DUI)
• Driving While Under the Influence (DWUI)
• Driving While Impaired/Intoxicated (DWI)
• Operating Under the Influence (OUI)
• Operating While Intoxicated (OWI)
• Operating a Motor Vehicle While Intoxicated (OMVI)
In some cases, a dismissal or expungement may still render an individual inadmissible. They would need a TRP or criminal rehabilitation to enter Canada.
If you have been convicted of a crime and are not considered rehabilitated by the government of Canada, you shall require a TRP to enter this country.
If the period of completion of your sentence is less than five years, you can enter Canada for a temporary visit only via a TRP. Also, if you have been convicted and are currently serving a sentence, you may not be able to get a TRP.
It all depends on the type and number of convictions you have. The Canadian government will check your criminal record carefully and if it finds you inadmissible, you shall be able to apply only for a TRP and not an eTA.
The Canadian government takes into account three factors – type, number, and time elapsed – to decide if you can be deemed rehabilitated and, in some cases, you are believed to be admissible even if you have a previous criminal record.
Here is how you can qualify:
• In case the crime that you committed is punishable in Canada and carries a maximum prison term that is less than 10 years.
• You got two or more summary convictions and it has been five years since you completed your sentence.
• You were convicted of a non-serious indictable offense, such as a DUI, and you completed your sentence 10 years ago.
A conviction, according to the Canadian government, does not exist if the adjudication was withheld or deferred and the individual did not violate the deferral terms by committing another criminal offense later. So, if your criminal record does not show any other criminal offenses, you shall be considered admissible.
Yes, that has to be done. Even with a sealed record, any prior arrest, charge, or conviction has to be shown in the application. This is because you may be considered inadmissible on the basis of your type and time period of offense.
Any criminal offense that can be prosecuted as an indictable offense or summary conviction is known as a hybrid offense. These are deemed as indictable offenses by the Canadian government with relation to the purpose of immigration.
Generally, this term means the more serious offenses as listed in the Canadian Criminal Code. These offenses lead to greater penalties than summary convictions.
This refers to the document that authorizes its bearer, who is someone that is considered as criminally or medically inadmissible to enter Canada by its government, to enter Canada for a temporary visit.
You have to apply for TRP via the Canadian consulate in the country you are currently residing in as it is responsible for processing these applications.
You cannot apply for an eTA if you are deemed criminally inadmissible to enter Canada. In that case, you will have to apply for a TRP which, if granted, will allow you to visit Canada.
All those that have been deemed criminally inadmissible and are wishing for permanent residency in Canada will have to apply for criminal rehabilitation instead of TRP. This is because a permanent resident visa is not approved unless the criminally inadmissible person gets approval for criminal rehabilitation.
The eligible applicant should:
• Be able to show that more than five years have passed since the completion of their sentence
• Have paid all fines
• Have completed their probation
If you want to apply for criminal rehabilitation, you will have to contact the Canadian consulate responsible for processing applications in the country you are currently residing in.
If your record shows one or more non-serious offenses, you will have to pay $200 CAD as a processing fee. If your record shows one or more serious offenses, you will have to pay $1,000 CAD as a processing fee.
Yes, you do. In fact, you have to submit the PCC along with your application itself. These police certificates must be from every country you have resided in for six months or more since you turned 18 years of age.
In that case, you shall be required to provide a document stating the reason why you were unable to get the PCC from that country. You will also have to furnish proofs that show your efforts to get the PCC.
In certain states or countries, PCCs are not given for the purpose of immigration. You will have to provide a written document from them that shows they do not issue PCCs.
Usual processing time periods vary between six months and a year post the submission of a criminal rehabilitation application.
For non-serious criminality, the charges are CAD $200.
For serious criminality, the charges are CAD $1000.
While sending in an application for Criminal Rehabilitation, you are required to attach criminal history reports from other states and countries. You can request a federal criminal background report from the US too.
All applicants who submit the application form for an eTAhave to answer questions regarding their past criminal history. If you send in a request and have a past DUI conviction, you may be refused for the same in case you are not deemed rehabilitated.
In such a case, you have two options. You can apply for:
• A TRP
OR
• Criminal rehabilitation
An eTA is automatically included in a granted TRP. And if you are approved for criminal rehabilitation, you can enter Canada regardless of your past criminal history.
You can enter Canada if you do not have a past criminal history but are currently facing a DUI charge. In almost all cases, the final decision lies in the hands of the Canadian immigration officers as they weigh the pros and cons of your Canadian visit before they take the call on your entry into the country.
What helps most in these situations is a Legal Opinion Letter from a Canadian immigration lawyer.
Most persons with a prior DUI case are deemed inadmissible for Canadian entry till 10 years have passed since the completion of their sentence. To enter Canada in such cases is still possible if you apply through the Criminal Rehabilitation program and clear your inadmissibility. However, you should have completed five years of your sentence to be eligible for this route.
Well, you may face inadmissibility issues in such a case. This is because when you apply for a work permit, the Canadian government will do a thorough search of your background information.
What you can do is apply for a TRP that coincides with a work permit. Also, if you are looking for a long-term solution, you can apply for Criminal Rehabilitation which will assure you of not facing inadmissibility issues in terms of working in Canada in the future.
The same criminal inadmissibility laws apply to current NEXUS cardholders as anyone else. In fact, a recent DUI may adversely affect your retention of the NEXUS card, especially when you are considered inadmissible to enter Canada.
If you have applied for Canadian immigration you are required to take a medical assessment test. This helps identify any potential threats posed by you to Canadian public health or ones that could place excessive demands on its health care system.
These tests comprise:
• A physical examination
• Blood test
• Urine test
It is valid for a year after the test is done. In case you are not issued a visa within a year of your medical exam, you will have to take another one.
If you have a medical issue that is found to be a threat to public health or one that may lead to significant demands on the Canadian social service or health care system, you shall be considered as being medically inadmissible to Canada.
In that case, you do not have to undergo x-rays in your assessment. But once you give birth, you and the infant will have to take the medical assessment tests.
In many countries, certain panel physicians have been designated to perform medical examinations for applicants. You can use the services of the ones in your country to undergo the tests for your Canadian visa application.
Yes, both your accompanying and non-accompanying dependents have to undergo medical examinations. Exemptions exist for non-accompanying dependents that are unwilling or unable to undergo a medical examination. However, in that case, they will not be considered eligible for sponsorship through the Family Sponsorship category.
If you are 18 years of age or older, as part of the security clearance process, you will have to submit a police certificate from each country you have resided in if you are applying for a Canadian Immigration Visa for permanent residency.
These police certificates are official papers that demonstrate the past criminal history of the applicant. They may be known by different names in different countries. In case your country’s police officials refuse to issue this certificate, you can request them to give you a written statement that declares that they are refusing to do so.
The time for submission of this certificate depends on:
• The Canadian immigration category
• The Canadian Immigration Visa Office you have submitted your application to
Do note that these Police Certificates remain valid for a limited time period.
All applicants may assume that police certificates are a necessary part of their application.
However, if the police officials of a particular country are refusing to give a certificate, you may be required to get a written statement from them stating this fact. However, if there is a clear obstacle regarding that, the IRCC may waive off this requirement.
Applicants who are or have been involved in:
• Espionage
• Subversion
• Terrorism
are detected in ‘background clearance’.
This clearance is conducted by the Canadian government without the applicant’s participation and it is separate from the Police Certificate. In fact, it is in addition to that.