Receiving an invitation to a Canadian wedding or news of a funeral can be emotionally complex when you have a criminal record that makes you inadmissible to Canada.
Rather than simply accepting defeat, it’s worth understanding the legal pathways available to you. Canadian immigration law recognizes that compelling human circumstances sometimes outweigh past mistakes. Here’s what you need to know about entering Canada for important family events despite criminal inadmissibility issues.
Criminal Inadmissibility to Canada
If you need to travel to Canada to attend a wedding or funeral but have a past criminal record that could make you inadmissible, be sure to double-check the exact rules, as some minor crimes do not make you automatically inadmissible.
An individual is criminally inadmissible to Canada according to the Immigration and Refugee Protection Act (IRPA) if:
- Inadmissibility on the grounds of Serious Criminality – They have been convicted of an act outside of Canada that, if committed in Canada, could be punishable by a maximum term of imprisonment of 10 years or more.
- Inadmissibility on the grounds of Criminality – They have been convicted of an act outside of Canada that, if committed in Canada, would be punishable by way of indictment OR having been convicted outside Canada of any two summary offenses not arising out of a single occurrence.
An indictable offense is a more serious offense, similar to a felony, while a summary offense is less serious and more similar to a misdemeanor.
When it comes to foreign convictions, the Canadian immigration authorities will judge your criminal record based on the equivalent Canadian law, many of which are “hybrid offenses” that can be classified as either. When determining criminal admissibility, Canadian law states that hybrid offenses should always be treated as indictable offenses.
Attend a Wedding or Funeral with a Criminal Record
If you are criminally inadmissible to Canada, one of the most common ways to get special permission to overcome this, especially at short notice, is to apply for a Temporary Resident Permit (TRP).
During the TRP application process, the need to attend an important occasion that relates to family members or close friends is often used to support the claim that your trip to Canada is justified and necessary despite your criminal history. This could include, but is not limited to:
- Weddings
- Funerals
- Religious events (such as baptisms)
- Graduation ceremonies
- Family emergencies
- Visiting critically ill family members
It’s important to remember that even if you can prove you have one of these legitimate reasons to visit Canada, you could still have a Temporary Resident Permit application denied or be denied entry at the border.
Your compelling reason for needing to travel to Canada will be weighed up against the potential risk you could pose to Canadian society by an immigration or border services officer. This determination tends to be made according to factors such as the seriousness of your crimes, the amount of time that has passed since (without further offending), and any clear evidence of efforts you have made to rehabilitate yourself.
Processing Times – Applying in Advance vs At the Border
Which route to take to overcome inadmissibility should be informed by how far in advance you are planning your trip. Last-minute wedding plans, funerals, and other family emergencies usually don’t leave much leeway when it comes to planning ahead, which rules out quite a few options.
Temporary Resident Permit
There are two ways to apply for a TRP – either in advance or directly at the Canadian border (via land, air, or seaports). When applying in advance, you can expect to wait anywhere from 3-8 months for Canadian immigration officials to decide your case.
If you choose to travel directly to the Canadian border and apply for a TRP there, they can be processed in just a few hours; however, there is no guarantee your application will be successful, and you could be denied entry and turned back if it is not granted.
You can read more about applying for a TRP at the border in our dedicated blog post.
Criminal Rehabilitation
Criminal Rehabilitation, also known as Individual Rehabilitation, cannot be applied for at the Canadian border. If secured, Criminal Rehabilitation permanently resolves your criminal inadmissibility to Canada and allows you to travel freely as though you had no criminal record.
The much greater privileges it provides when compared to a TRP is reflected in both the cost of making the criminal rehabilitation application and the length of time it takes the Canadian government to process it.
Criminal Rehabilitation processing times can vary widely, from as little as 6 months to up to 18 months, making it unlikely to be the best option to pursue if you have an urgent need to visit Canada.
Deemed Rehabilitation
Deemed Rehabilitation allows foreign nationals with certain criminal convictions to be considered rehabilitated by the passage of time rather than a more formal application process. This means certain individuals with minor criminal records can become automatically admissible to Canada once either 5 or 10 years have passed since they completed the sentence for their crimes.
This option is not available to those with “serious criminality” on their record, including DUIs after 2018 and other impaired-driving offenses.
If you think you qualify for Deemed Rehabilitation and live in the US, you can travel to a Canadian Port of Entry and ask to be assessed by a Canadian immigration officer free of charge, without prior arrangement.
You will need to bring along evidence relating to your claim of being rehabilitated.
How Dogen Law Can Help
If you would like to enter Canada to attend a wedding, funeral, or graduation but have a criminal record that could make you inadmissible, seeking guidance from a Canadian immigration lawyer can help to clarify the options available in your unique circumstances.
At Dogen Law, we have extensive experience helping clients navigate the various legal pathways to visit or immigrate to Canada. Our team can assist you with applications for Temporary Resident Permits or help you prepare the documents needed to support a claim of Deemed Rehabilitation.
With the right professional help, you will be able to avoid the common pitfalls and delays that can arise during the application process and overcome criminal inadmissibility to Canada as soon as possible.
Get in touch today by completing our online assessment to see if you are eligible.
