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    lawanwadee's Avatar
    lawanwadee Posts: 3,653, Reputation: 124
    Immigration Expert
     
    #1

    Dec 3, 2008, 03:21 PM
    Visiting Canada: Overcoming criminal inadmissibility— Frequently asked questions
    Since there were plenty of questions regarding entering Canada, so I put this together.. hope it is helpful. :)


    Visiting Canada: Overcoming criminal inadmissibility— Frequently asked questions


    1. What is criminal inadmissibility?

    In general, it is a term used to describe a person who will not be allowed to visit or stay in Canada because they have committed or been convicted of a crime in, or outside of, Canada.


    2. I was charged with a crime in the United States and found “not guilty.” Am I criminally inadmissible?

    No. When a court decides you are not guilty of committing a crime, you will not be considered criminally inadmissible.


    3. I have been charged with a crime but my trial is still under way. Will I be allowed to enter Canada?

    No. You are considered criminally inadmissible if:

    * you have a trial under way;
    * there is a warrant out for your arrest; or
    * you have charges pending against you or an officer has credible information that you committed an offence outside Canada.


    4. What is rehabilitation?

    Rehabilitation means that you lead a stable life and that you are unlikely to be involved in any further criminal activity. If you want to come to Canada, but you have committed or been convicted of a crime, you may apply for rehabilitation to enter Canada.

    Requests for rehabilitation should be made at a visa office outside Canada. Such a request usually requires proof that at least five years have elapsed since the end of any sentence imposed (including any period of parole/probation), and that further criminal activity is unlikely.


    5. How long will it take to get a decision on my application for rehabilitation?

    Applications for rehabilitation can take over a year to process, so make sure you plan for your visit far enough in advance.


    6. How much are the processing fees to apply for rehabilitation?


    The application fee for rehabilitation is either $200 or $1,000 (Canadian dollars) depending on whether, due to the seriousness of the criminal act or conviction, authority from the Minister is required.


    7. Are processing fees refundable?


    Processing fees are not refundable regardless of the final decision on your application. If your application is refused and you decide you want to apply again, a new processing fee will be required.


    8. When am I eligible to apply for rehabilitation?


    You are eligible to apply for rehabilitation if:

    * you have committed a criminal act outside of Canada (for which you were not charged) and five years have passed since the act; or
    * you have been convicted outside of Canada and five years have passed since the end of the sentence imposed.

    For example:

    In 1989, I was convicted of driving while impaired in the United States. I did not serve any time in prison and I have had no other convictions. Will I be allowed to enter Canada?

    Based on your circumstances, it is possible that you would be found by an immigration officer to be rehabilitated under a system called deemed rehabilitation. Deemed rehabilitation applies to people who have one previous conviction dating back more than 10 years. If an immigration officer finds that you are deemed rehabilitated, it is likely that you will be allowed to enter Canada as long as all other requirements are also met.

    On June 3, 2003, I was convicted of driving under the influence and had my driver’s licence taken away from me for three years. When am I eligible to apply for rehabilitation?

    The sentence imposed — which includes the period of licence suspension — ends on June 3, 2006. Count five years from the end date of the suspension or the date your driver’s licence is reinstated. You will therefore be eligible to apply for rehabilitation on June 3, 2011.

    I was convicted of a crime on December 13, 2002, and received a jail sentence of three months. When will I be eligible to apply for rehabilitation?

    You can apply for rehabilitation five years after the end of the sentence imposed. If your three-month jail sentence ended March 13, 2003, you are eligible to apply for rehabilitation on March 13, 2008, as long as no other terms were imposed on your sentence.

    I have one conviction for which I was given three years of probation. Do I apply for rehabilitation after my probation is finished?

    No. You are not eligible for rehabilitation until five years after the end of the sentence imposed. Since probation forms part of the imposed sentence, you can apply for rehabilitation five years after you complete your probation.


    9. I am currently on parole. Will I be allowed to enter Canada?

    No. Should you wish to come to Canada, you must apply for rehabilitation after your parole ends. You can apply for rehabilitation five years from the completion of parole.


    10. What can I do if I must come to Canada but I do not qualify for rehabilitation?


    If less than five years have elapsed or if justified by extremely compelling circumstances, people who are inadmissible to Canada may be issued a temporary resident permit allowing them to enter or remain in Canada.

    Note: Temporary resident permits are only issued in exceptional circumstances, for reasons of national interest or on strong humanitarian or compassionate grounds. A temporary resident permit may be cancelled at any time.


    11. How can I find out whether an offence committed outside Canada is considered a criminal offence in Canada?

    This is a very difficult and complex task. It involves comparing the elements of Canadian law with those of the foreign jurisdiction. It is recommended that you fill out the application for rehabilitation and check off the box “for information only.” A visa officer will review the details of your case and assess if you are criminally inadmissible. There is no fee for this type of application.

    You may also review the Canadian Criminal Code @ Criminal Code to find an equivalent of a foreign offense in Canadian law.


    Source: Frequently asked questions: Overcoming criminal inadmissibility



    Visiting Canada: Overcoming criminal inadmissibility

    This information is intended for general guidance and reference only. A legal decision on your inadmissibility can only be made at the time you seek entry into Canada either through an application or at a port of entry.

    Depending on the nature of the offence, the time elapsed and your behaviour since it was committed or since you were sentenced, you may no longer be considered inadmissible to Canada. You may be permitted to come to Canada if

    * you are able to satisfy an immigration officer that you meet the legal requirement to be deemed rehabilitated @ Overcoming criminal inadmissibility; or
    * you have applied for rehabilitation and your application has been approved; or
    * you have obtained a pardon; or
    * you have obtained a temporary resident permit.

    Deemed rehabilitation

    You may be deemed rehabilitated if you meet the requirements of the Immigration and Refugee Protection Act. Depending on the nature of your offense, at least five years and as many as 10 years must have passed since you completed the sentence imposed for your crime. Deemed rehabilitation also depends on whether you have committed one or more offenses. In all cases, you may only be deemed rehabilitated if the offense committed would be punishable in Canada by a maximum term of imprisonment of less than 10 years.

    You are not required to submit an application to be deemed rehabilitated. However, before arriving at a port of entry, we strongly advise you to contact a Canadian embassy, high commission or consulate outside Canada @ Visa Offices outside Canada to see if you qualify.

    Individual rehabilitation


    Rehabilitation means that you lead a stable life and that you are unlikely to be involved in any further criminal activity.

    If you want to come to Canada but you have committed or been convicted of a crime and you are not eligible for “deemed rehabilitation,” you must apply for rehabilitation to enter Canada. To apply for individual rehabilitation, at least five years must have passed since you completed all your criminal sentences. You must submit an application to the Canadian visa office in your area and pay a processing fee.

    Please note: Applications for rehabilitation can take over a year to process, so make sure you plan for your visit far enough in advance.

    Pardon or discharge

    If you have been convicted in Canada and wish to apply for a pardon, see the National Parole Board website. If you received a Canadian pardon for your conviction, you may be allowed to enter Canada.

    If you received a pardon or a discharge for your conviction in a country other than Canada, check with the CIC office closest to you for more information.

    Temporary resident permit

    If less than five years have passed since the end of the criminal sentence, or if justified by compelling circumstances, foreign nationals who are inadmissible to Canada, including people who have a criminal conviction, may be issued temporary resident permits allowing them to enter or remain in Canada.

    Note: Temporary resident permits are only issued in exceptional circumstances, if there are reasons of national interest or strong humanitarian or compassionate grounds. A temporary resident permit may be canceled at any time.

    Temporary resident visa or Permanent resident visa

    If you are applying for a temporary resident visa or a permanent resident visa, you will have to provide details of your criminal history in your visa application. In cases where you have been declared criminally inadmissible, you may apply for rehabilitation if the required five years have elapsed since your conviction.


    Source: Overcoming criminal inadmissibility
    andrew 1965's Avatar
    andrew 1965 Posts: 7, Reputation: 1
    New Member
     
    #2

    Dec 10, 2008, 05:29 PM

    Can I enter Canada to visit if I was convicted of a class I felony two years ago, fleeing and eluding, and what do I do to be allowed in
    lawanwadee's Avatar
    lawanwadee Posts: 3,653, Reputation: 124
    Immigration Expert
     
    #3

    Dec 10, 2008, 05:44 PM

    Contact a Canadian embassy, high commission or consulate near you..
    andrew 1965's Avatar
    andrew 1965 Posts: 7, Reputation: 1
    New Member
     
    #4

    Dec 11, 2008, 08:54 AM

    If I marry a Canadian citizen can I be allowed in country even though I am a class I felon, fleeing and eluding
    dlishuz_kat's Avatar
    dlishuz_kat Posts: 1, Reputation: 1
    New Member
     
    #5

    Sep 28, 2009, 10:47 AM

    If I have a felony in my name but its still "open" pending my completion of a diversion program, am I still criminally inadmissible? I have tried calling the consulate in my area, but they don't take phone inquiries...
    sergie's Avatar
    sergie Posts: 149, Reputation: 15
    Junior Member
     
    #6

    Sep 29, 2009, 01:24 AM

    Say for e.g, if I visit Canada on visit visa, and decided to enroll in university for higher education, is it possible, that I may get a student visa if I applied for it while being in canada?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,505, Reputation: 4600
    Uber Member
     
    #7

    Sep 29, 2009, 05:26 AM
    Quote Originally Posted by sergie View Post
    say for e.g, if i visit Canada on visit visa, and decided to enroll in university for higher education, is it possible, that i may get a student visa if i applied for it while being in canada?

    Not if you're a felon - and this is a thread about who can and cannot be admitted into Canada.
    NellstoCanada's Avatar
    NellstoCanada Posts: 4, Reputation: 1
    New Member
     
    #8

    Feb 8, 2010, 07:48 PM

    Can I get denied into canada if I'm a canadian citizen and I got convicted for theft when I was in Texas?

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