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TRP Canada

Canada immigration lawyer focused on helping Americans apply for a Temporary Resident Permit so they can travel to Canada with a criminal record. We offer free comprehensive consultations (unlike many businesses who demand a retainer before assessing your options).

Deemed Rehabilitation Canada

Foreign nationals with a single misdemeanor on their criminal record may be considered "deemed rehabilitated" and permitted entry to Canada once enough time has passed since full completion of the imposed sentence. Under Canada's immigration laws, the clock does not start ticking towards "deemed rehabilitation" until a person has fully completed every single element of their sentence including probation, incarceration, payment of any fines, community service, and reinstatement of driving privileges. If the offense involved significant property damage, physical harm to a person, or a weapon or any kind, the individual may never be eligible for deemed rehabilitation. You may be required to prove to Canadian border officials that you are fully eligible for deemed rehabilitation.

How Long After a DUI Until You Can Go to Canada?

Ten years after a foreign national with a misdemeanor criminal record has entirely completed all sentencing requirements, he or she may be considered deemed rehabilitated by virtue of time and may be permitted entrance into Canada again. If it has been less than ten years since a person finished all imposed sentencing requirements, entering Canada may require a Temporary Resident Permit document (TRP) or Criminal Rehabilitation (CR). Americans with a single alcohol-related traffic violation, such as a DWAI, are also eligible to be classified as deemed rehabilitated after ten years.

Deemed rehabilitation does not usually apply to individuals with a felony criminal record. If the crime that was committed is considered a "serious crime" in Canada, or it involved physical harm to a person, any type of weapon, or major property damage, the foreign national is often not eligible to be deemed rehabilitated at a Port of Entry. Consequently, felons may never be permitted to cross the Canadian border without special permission in the form of a TRP or CR. Likewise, anyone with more than one conviction on their criminal record may never become admissible to Canada by the passage of time, even if the crimes were as minor as reckless driving or DUI. This means that while people with one misdemeanor may be eligible for deemed rehabilitation, people with one felony or two misdemeanors (or more) might not be. Foreigners relying on being considered rehabilitated by Canadian authorities in order to travel to the country are strongly encouraged to obtain a legal opinion letter from a Canada immigration lawyer before attempting to cross the border, especially if being denied entry would cause major problems. Many business travelers do not want to risk having admissibility issues at the border.

Getting into Canada with a DUI After Ten Years

In general, probation is the last sentencing component to be completed by a person, and without proof indicating the exact date probation concluded an American could be denied at the border. The Canadian border will typically be able to see an American's arrest date and conviction date, but will not be able to see if or when a foreign national finished their probation or paid their fine. To ensure successful entry to Canada, individuals who have an old criminal conviction should be able to justify their entrance to CBSA officials by bringing documentation proving all sentencing requirements were accomplished more than ten years prior. Likewise, individuals entering Canada with a conditional discharge, suspended sentence, deferred prosecution, or other complicated "no conviction" situations may also need to prove their admissibility to border staff.

To learn more about crossing the Canadian border with an old DUI or criminal conviction, phone us today for a free consultation.

Canadian Deemed Rehabilitation Law

Citizenship and Immigration Canada (CIC) ENF 2 / OP 18 "Evaluating Inadmissibility" A36(2)(b) states: "An applicant convicted outside Canada (of an offence that if committed in Canada would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of less than 10 years) may be deemed rehabilitated if 10 years have elapsed since the completion of the sentence imposed and they have not been convicted of a subsequent offence other than an offence designated as a contravention under the Contraventions Act or an offence under the Young Offenders Act." This Canada deemed rehabilitation law enables foreign nationals with a DUI or DWI on their criminal record to potentially become admissible to cross the border again once enough time has passed since he or she wrapped up all their sentencing requirements. If an American needs to enter Canada with a DUI and cannot wait ten years, Canadian rehabilitation or a Temporary Resident Permit can both overcome criminal inadmissibility.

Assessment at Canadian Border

When being assessed for deemed rehabilitation at a Canadian Port of Entry, border staff working for Citizenship and Immigration Canada (CIC) may request to see documentation related to your criminal history. This can include court documents, a recent criminal record check, as well as a recent police certificate from your country, such as an FBI Police Certificate in the United States. The decision to grant a visitor deemed rehabilitated status is solely at the discretion of Canadian officials at the border. Requests for Canada deemed rehabilitation are never guaranteed to be approved, and although Canada and the US have great relations Americans must still validate their admission into the country or they could be denied entry.

In order to be classified as rehabilitated, Immigration Canada may also interview a person to determine their criminal history. After a finding of deemed rehabilitated, an American should no longer have issues crossing the Canadian border due to their past criminality, provided he or she is not arrested again. Regardless of the precise foreign statute a person was formally convicted under in their past, obtaining Canadian permanent residency as a sponsored spouse is possible once the individual is considered rehabilitated by immigration and border officials. To demonstrate eligibility for deemed rehabilitation under Canada's Immigration and Refugee Protection Act (IRPA), paperwork attesting to the exact date probation was fully completed and all court-imposed fines were paid may be necessary.

Wondering if you are still criminally inadmissible to Canada? Contact us now for a free evaluation.

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If you have any arrests or convictions on your record and need to visit Canada, call us today or fill out this form! 24 Hour Response Time!