Criminal Inadmissibility Problems
- Driving Offences Involving Alcohol or Drugs
- Reckless Driving
- Fraud
- Assault
- Drug offences
ii. Performing Artists – Even if you have a lot of fame and name doesn’t make you exempt from inadmissibility. Many events occur in Canada where performing artists come from all over the world, they too require relevant Canada Immigration Visa to enter Canada. They too can be inadmissible if they have any past criminal or medical records which are an offence in Canada.
iii. Airlines and staff – Canada doesn’t let even people working in Airlines or their staff to enter Canada on the ground of inadmissibility if they have criminal records. Also their criminal record may affect their employment. Their travel in routes with a Canadian stop on the itinerary would unfortunately not be an option.
iv. Hunting and Fishing Trips - Canada is an expansive country. It is the second-largest in the world. It offers a wide variety of environments and is also sparsely populated. There are vast areas that are either completely wild or show very little human interference. This sounds like heaven if you like hunting or fishing. And, truth be told, it is. The residents of U.S. visit Canada mainly for such hunting and fishing trips. Canada is considered ideal setting to practice their sport. Although most of these individuals will enter the country without incident, those with a criminal record could face an issue and risk being denied entry to Canada because they are criminally inadmissible. If you are planning a trip to Canada it is advisable to check your criminal status before applying for Visa.
v. DUI Conviction – DUI stands for Driving Under Influence of Alcohol or Drugs. It is a serious offence in Canada and can render and individual inadmissible in Canada. There are 4 different ways to enter Canada with DUI:
- Temporary Resident Permit (TRP)
- TRP issued at Canadian Border
- Permanent Rehabilitation
- Deemed Rehabilitation
Choosing the best path for overcoming inadmissibility requires a careful reading of criminal and immigration laws in both Canada and the country where the offence was committed.
vi. Travel to and from Alaska – Due to its unique geographical location it is impossible to travel to and from Alaska which is a part of United States; without entering Canadian Border and often it is centre of Inadmissibility issues in Canada. For those who are travelling by car, many Americans believe that because they are merely passing through Canada, any past criminal charges will not be an issue at it concerns entering the country. This is unfortunately not the case and the regular rules of criminal inadmissibility apply.
Alaskan Cruises can become an alternative to travel to Alaska The reason why Canadian criminal inadmissibility can pose a problem in this context is because most cruise companies with an Alaskan route include a stop in Canada. Vancouver and Victoria in province of British Columbia are the most common stops, and the duration of a stay usually ranges from a few hours to overnight, sometimes longer.
It is important to note that no matter how long an individual is in Canada as part of an Alaskan cruise, even if they don’t get off the boat, they can be determined to be criminally inadmissible. If this is found to be the case, then very often the individual is escorted off the ship and sent back to the U.S. Not only will this prevent him or her from witnessing Alaska’s majestic scenery, but it can result in uncomfortable and embarrassing situations if travel partners are unaware of any previous criminal convictions.
vii. Serious Criminality - A foreign national or permanent resident may be criminally inadmissible or removable from Canada on the grounds of serious criminality if proven guilty. For convictions within Canada, if they have:
- Been convicted in Canada of an indictable offence punishable by a maximum sentence of at least ten years; or
- Been convicted in Canada and received a prison term of at least six months.
- Been convicted outside Canada of an act that, if committed in Canada, would be equivalent to a indictable offence punishable by a maximum sentence of at least ten years; or
- Been convicted outside Canada of an act that, if committed in Canada, would be equivalent to a hybrid offence punishable by a maximum sentence of at least ten years.
- Committed an act outside Canada that, if committed in Canada, would be equivalent to an indictable offence punishable by a maximum sentence of at least ten years.
viii. Cross-Border Trade - The United States and Canada enjoy the world’s most lucrative and enduring trade relationship, with almost $1.6 billion in goods crossing the border each day. Goods and services trade totaled almost $675 billion during 2017, according to the Office of the U.S. Trade Representative. Cross-border trade is a crucial aspect of both nations’ economic activity, requiring thousands of business people to travel across the US-Canada border each year. Thus inadmissibility is a roadblock for many Americans with business ties in Canada. Canadian authorities take criminal inadmissibility very seriously, and Americans are often surprised that a seemingly minor prior conviction would prevent them for conducting business in Canada. Charges including a DUI, reckless driving, theft or drug possession can render an American inadmissible to Canada, meaning they can be turned away at the border.
ix. Charges Within Canada – If someone is charged with in Canada for inadmissibility, the first step to be taken is to get a legal opinion letter from a experienced and licensed Immigration Lawyer to submit to the Judicial authority hearing the case.
If this does not work, then to remain legally in Canada he/she should apply for a Temporary waiver that will excuse his or her inadmissibility issues and would be given Temporary Residence Permit. Being found inadmissible when an individual is already in the country presents a unique situation that must be dealt with in a different manner than typical inadmissibility cases.
x. Crimes performed in Canada – An individual who has cleared the border and was not stopped as a security risk at the Canadian Borders is believed to be admissible. Here inadmissibility does not come into play. How can an individual be found inadmissible if he is already in the Country? The crimes committed outside of Canada may result into inadmissibility. Crimes which are performed in Canada do not result to inadmissibility but may result into an offence and punishment can be given depending upon the crime committed.
xi. Transit Through Canada – Even if you are just passing through Canada or merely passing, it can cause inadmissibility because of the prior crimes that have been committed. This is because to catch a connecting flight at one of Canada’s airports, travelers are often required to pass through Canadian customs. When this is the case, in the eyes of Canadian border authorities, there is no difference between entering Canada to transit through the country, and entering Canada to stay.