Admissibility

Security and enforcement in both Canada and the United States has heightened
in recent years. For this reason, US citizens with past criminal charges or
convictions are refused entry to Canada. Canadians with past criminal charges
or convictions seeking entry into the United States are denied entry reciprocally.
In Canada, you may be deemed criminally inadmissible if you have committed
an offence that if committed in Canada would be an offence under the laws of
Canada. This includes almost all misdemeanor and felony convictions such
as DUI/DWI, Wet Reckless Driving, Reckless Driving, Theft including Petty Theft,
Drug Possession offences, Bad Check, and other misdemeanor and felony
transgressions regardless of how long ago they occurred.
Traffic violations, such as a moving violation or running a traffic light, will
generally not render you inadmissible. Minor in possession (of alcohol) is also
not in the Canadian criminal code and therefore will not render you inadmissible.
Being inadmissible applies to everyone including foreign students, temporary
foreign workers, immigrants as well as tourists and business visitors, even if
transiting through Canada on a connecting flight.
It gets zanier. Under Section 42 of the Immigration Refugee and Protection Act,
a foreign national is inadmissible on grounds of an inadmissible family member
if their accompanying or non-accompanying family member (spouse or
dependent child) is inadmissible or if they are an accompanying family member
of an inadmissible person (slightly reworded). For example, a spouse is
criminally inadmissible if her accompanying or non-accompanying husband has
a DUI conviction on his record.
Other grounds of inadmissibility may include having a serious medical condition
for which treatment may pose a significant burden to Canadian socialized
healthcare.
If you think you are inadmissible, we recommend that you contact our office to
determine your options. After you share your circumstances, criminal history
and reasons to be in Canada, we will determine if you are eligible for a
Streamlined Rehabilitation application at the border for immediate and
permanent relief or qualify for a temporary waiver called a Temporary Resident
Permit (TRP) that can override your inadmissibility for a period of time. In other
cases, a formal application for criminal rehabilitation at the consulate may be
your only option moving forward.
Rehabilitation, whether streamlined at the border or through a visa post
(consulate or embassy of Canada) offers permanent relief of your inadmissibility.

An application for criminal rehabilitation is a thorough application that attests

you have changed your ways and will no longer be a risk to Canada. For
information about a permanent solution to your entry needs into Canada with a
criminal record, click here.
A Temporary Resident Permit (TRP), which can also be presented at the border or
through a consulate, is a temporary pass that is granted after a thorough risk
assessment and a determination that your entry fits within the parameters of a
waiver program. To assess if you qualify for a TRP or for more information about
our waiver programs, click here.
A consultation will include a plan of action customized for you with the right
supporting documents to present at the point-of-entry or consulate, as the
situation may require. We will also determine if we can secure a permanent fix
at the border or if a permanent solution requires a formal application through
the Consulate.