Inadmissibility FAQ's

Inadmissibility Question

Q. What is meant by the term ‘inadmissible’?

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

Q. I have a criminal record. Will I be allowed to travel to Canada?

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).

Q. Will I be allowed to visit Canada if I have a dismissed charge and no convictions?

In most cases, if you were charged with an offense that was dismissed later, you can be considered admissible to visit Canada.

Q. I have a drunk driving offense in the United States of America. Will I need a TRP to enter Canada?

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)

Q. My case has already been dismissed/expunged in the US. Will I still not be allowed to enter Canada?

In some cases, a dismissal or expungement may still render an individual inadmissible. They would need a TRP or criminal rehabilitation to enter Canada.

Q. My sentence has been complete for some time. Is there a specific time period that affects the likelihood of my receiving a TRP?

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.

Q. I have a criminal record. Will I still be able to apply for an electronic Travel Authorization (eTA)?

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.

Q. I have a criminal record. Will I still be able to apply for Canadian permanent residence?

If Canadian Permanent Residency is what you want, you will have to apply for criminal rehabilitation first.

Q. What exactly is rehabilitation all about?

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.

Q. How can I qualify for deemed rehabilitation?

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.

Q. Will I still be considered criminally inadmissible if my conviction was expunged?

No. This is because a conviction, once expunged, is considered as never having occurred. Thus, you shan’t be considered criminally inadmissible.

Q. Will I still be considered criminally inadmissible if I received a withheld/deferred adjudication?

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.

Q. Will I be considered criminally inadmissible if I received a caution in the United Kingdom (UK)?

No, in most cases, that does not happen.

Q. Is receiving a suspended sentence considered a conviction?

Yes, for Canadian immigration purposes, it is.

Q. My record is sealed. In my Canadian immigration application, will I have to disclose my conviction?

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.

Q. What is meant by the term ‘hybrid 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.

Q. What is meant by the term ‘indictable offense’?

Generally, this term means the more serious offenses as listed in the Canadian Criminal Code. These offenses lead to greater penalties than summary convictions.

Q. What is meant by the term ‘summary offense’?

This term refers to minor offenses as listed in the Canadian Criminal Code.

Q. What is meant by the term ‘Temporary Resident Permit’ (TRP)?

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.

Q. How do I apply for a TRP?

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.

Q. What is the validity period of a TRP?

It can be given for any period between a day trip (one-time use) and three years (multiple entries).

Q. What are the charges related to a TRP?

It is CAD $200. In some cases, a one-time fee exemption may be granted on the basis of the offense and its related sentence.

Q. How long does it take to get a TRP?

In most cases, applications are processed between three and six months, but it all depends on the Canadian consulate the application is submitted to.

Q. Will I have to apply for both an eTA and a TRP?

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.

Q. Will I as a criminally inadmissible person have to apply for a TRP if I am also seeking a permanent resident visa?

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.

Q. What is meant by the term ‘criminal rehabilitation’?

This term refers to the permanent waving off of an individual’s criminal inadmissibility to Canada.

Q. Who is considered as being eligible to apply 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

Q. How is criminal rehabilitation applied?

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.

Q. What are the charges to apply for criminal rehabilitation?

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.

Q. Which documents will I have to submit along with my criminal rehabilitation application?

These are:

  • Police clearance certificates
  • Court documents
  • Application forms
  • Identity documents

Q. What is the processing time for a criminal rehabilitation application?

That depends on the Canadian consulate you have submitted your application to. The usual times are between 6 months and a year.

Q. Can I enter Canada if I’m not yet eligible for criminal rehabilitation?

Yes, you can. For that, you will have to apply for a TRP.

Q. My application for criminal rehabilitation has not been approved yet. What do I have to do if I must visit Canada?

In this case, you have to get a TRP.

Q. What is meant by the term ‘Police Clearance Certificate’?

A police clearance certificate (PCC), or a criminal background check, or a rap sheet comprises all pertinent details of a person’s arrests and convictions.

Q. While applying for a TRP/Criminal Rehabilitation, do I need a Police Clearance Certificate as well?

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.

Q. What is the process to get a Police Clearance Certificate?

You will have to provide your fingerprints and a completed application form, along with the associated processing fee for this certificate.

Q. What if I am unable to get a PCC from any particular country?

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.

Q. I have a past criminal record. Can I travel to Canada for business reasons?

Yes, in this case, if your business reasons are justified, you can apply for a TRP for traveling to Canada.

Q. Can I apply for a TRP if I am medically inadmissible to Canada?

In some cases, you can apply for a TRP even if you are medically inadmissible to enter Canada.

Q. What are the processing time periods and charges for a criminal rehabilitation application?

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.

Q. Is it possible for me to apply for a TRP during the processing period of my Criminal Rehabilitation application?

Yes, you can apply for a TRP during this period if your reason for travel is considered valid by the Canadian immigration authorities.

Q. Is it possible for me to place a request for an FBI criminal history report?

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.

Q. I have a past DUI conviction. Am I still allowed to apply for an Electronic Travel Authorization (eTA)?

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.

Q. I am facing a pending DUI charge. Am I still allowed to visit Canada?

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.

Q. I have a DUI. Can I still move to Canada?

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.

Q. I have a DUI. Can I still work in Canada?

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.

Q. I am a performing artist with a criminal history. Can I apply for a TRP to perform in Canada?

You can apply for a TRP but do keep in mind that you may face criminal inadmissibility problems.

Q. Will my recent DUI be a problem even if I hold a NEXUS card?

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.

Q. I am a Canadian citizen. Can I enter Canada if I received a DUI in the United States?

Yes, you can. You, as a Canadian citizen, can enter this country at any time even if you received a DUI in the US.

Q. Can I bring marijuana to Canada?

No, you can’t. Also, do remember that you may face inadmissibility issues if you are convicted of a cannabis-related offense.

Q. Does a necessity exist for taking a medical examination?

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

Q. What is the validity period of the medical examination?

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.

Q. In case I have a particular disease or disorder, does my application stand a refusal?

Yes, you shall be considered medically inadmissible if your disease or disorder presents major health risks to the Canadian population.

Q. Are there any particular medical conditions that can hold me as being medically inadmissible to Canada?

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.

Q. Are any exceptions in place for medically inadmissible dependents?

Under the Family Sponsorship category, exceptions can be made for:

  • Spouses/Common-law OR conjugal partners
  • Dependent children

Q. Do I have to undergo a medical examination even if I am pregnant?

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.

Q. Is it possible for my dependents to take the medical examination in another country?

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.

Q. Are medical exams required for my non-accompanying dependents?

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.

Q. Will I have to undergo a medical examination for my permanent visa application if I have recently undergone one for my Canadian temporary resident visa/work permit/study permit?

Yes, you will have to do so as the application requirements are different.

Q. What is meant by the term ‘Police Certificate’?

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.

Q. When do I have to submit this Police Certificate?

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.

Q. What is the process to get a Police Clearance Certificate?

The process depends upon the country you need it from.

Q. Is it possible to omit a Police Certificate from a country?

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.

Q. What is meant by the term ‘background clearance’?

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.

    Thinking about Canadian Immigration

    Talk to the immigration experts

    Latest Blog

    express-entry-for-couples-boost-your-canada-pr-chances

    Express Entry for Couples, Boost Your Canada PR Chances

    Jul 6, 2024

    Dreaming of a fresh start in Canada with your loved one? The Express Entry system can be a powerful tool for couples aiming for Permanent Residency (PR). But did you...

    Continue reading

    Start your Canadian Journey here

    Reasons to Immigrate to Canada

      Check your eligibility

      error: Content is protected !!