Can You Go to Canada if You Have a Felony?
Hoping to escape the negative connotations associated with your felony conviction and start a new life in Canada? It’s understandable, as Canada is known for its welcoming nature and diverse landscapes. However, the possibility of traveling to Canada if you have a felony depends on several factors, and it’s essential to understand the Canadian government’s regulations regarding criminal records.
Contents
- 1 Direct Answer:
- 2 What is a Conviction?** **Defining a Conviction Under Canadian Law** Check out the 50 Cheapest Guns NowIn Canadian law, a conviction means that you have been convicted of a crime and punishment has been imposed. A conviction can be either from a Canadian court or an equivalent foreign court. Your conviction can be considered automatic if it is deemed as an “automatic” exclusion from entering Canada, depending on the type of conviction. Why Are Some Convictions “Automatic” Exclusions?
- 3 How Long Does a Conviction Affect Your Ability to Enter Canada?
- 4 How Do I Get Special Authorization?
- 5 How Do I Apply for a Special Authorization?
- 6 Conclusion
Direct Answer:
Not Automatically, But Possibly With Special Authorization
If you have a felony conviction on your record, you cannot automatically enter Canada. The Government of Canada has strict guidelines for admitting foreign nationals who have committed crimes in other countries. However, this doesn’t mean you cannot go to Canada at all. You may still have a chance to visit, work, or live in Canada, but you will need to apply for a special authorization or waiver before your trip.
What is a Conviction?****Defining a Conviction Under Canadian Law**
In Canadian law, a conviction means that you have been convicted of a crime and punishment has been imposed. A conviction can be either from a Canadian court or an equivalent foreign court. Your conviction can be considered automatic if it is deemed as an “automatic” exclusion from entering Canada, depending on the type of conviction.
Why Are Some Convictions “Automatic” Exclusions?
**What Crimes May Result in an Automatic Exclusion?**
Certain crimes are considered “deemed” or “presumptive” exclusions, which means that upon conviction, you are immediately banned from entering Canada without a special authorization. Examples of such crimes include:
• **Violent and serious crimes**: murder, manslaughter, assault, theft, and other violent crimes.
• **Drug offenses**: trafficking, possession for the purpose of trafficking, and other drug-related offenses.
• **Sex crimes**: sexual assault, human trafficking, and other related offenses.
• **Immigration and refugee-related crimes**: offenses related to immigration documents, identity fraud, or other refugee-related crimes.
• **Terrorist offenses**: crimes related to terrorism, including plotting or supporting terrorist activities.
These crimes are considered a potential threat to Canadian society or public safety, and upon conviction, you will typically be denied entry to Canada without a special authorization.
How Long Does a Conviction Affect Your Ability to Enter Canada?
**The Length of Deportation and Exclusion Periods**
The duration of the deportation and exclusion periods varies depending on the type of conviction and sentence imposed. Generally, it can range from:
• **5 years**: convictions for less serious crimes or crimes with a sentence less than 5 years
• **10 years**: convictions for more serious crimes or crimes with a sentence 5-10 years
• **Indefinitely**: convictions for the most serious crimes, such as murder or human trafficking, with no set end to the exclusion period
Once the exclusion period has lapsed, you may need to apply for a TRV (Temporary Resident Visa) or an LMIA (Labor Market Impact Assessment) to enter Canada for a specific purpose, such as work or tourism.
How Do I Get Special Authorization?
**Step-by-Step Process**
If you have a conviction and want to enter Canada, you will need to apply for a special authorization, including:
• **TRP (Temporary Resident Permit)**: for a limited duration to enter Canada for specific purposes, such as:
+ Medical treatment or education
+ Attend a family event or event of significant cultural or familial importance
+ Resolve a serious situation or unexpected emergency
• **CDN (Criminal Rehabilitation)**: for individuals seeking permanent residence in Canada:
+ Apply for the rehabilitation process, which is usually 5-10 years from the completion of your sentence
+ Meet specific requirements, including good conduct and a sincere desire to reintegrate into Canadian society
• **IMM (Individual Membership) of the International Maritime Organization (IMO)**: for seafarers or mariners with conviction-related restrictions:
+ Apply for an IMM form, which allows you to enter Canada for specific employment or purposes
Keep in mind that the approval or denial of these special authorizations is at the discretion of the Canadian government. Your application will be scrutinized based on various factors, including the nature and severity of your conviction, the length of time since your sentence was completed, and your demonstrated commitment to reintegration into Canadian society.
How Do I Apply for a Special Authorization?
**Step-by-Step Process**
To increase your chances of obtaining special authorization, follow these steps:
1. **Prepare Your Documents**: Gather your:
+ Conviction record (with translation if needed)
+ Sentence documentation (if applicable)
+ Travel plans and itinerary (if applicable)
+ Proof of financial resources or support
2. **Fill Out the Application Forms**: Complete the required application forms, including:
+ TRP application: IMM 1442, Temporary Resident Permit Application Form
+ CDN application: IMM 5339, Criminal Rehabilitation Application
+ IMM application: IMO Form 101/202, Individual Membership Form
3. **Supporting Documents**: Include relevant supporting documents, such as:
+ Character reference letters
+ Written explanations for your actions (if applicable)
+ Proof of rehabilitation or counselling programs (if applicable)
4. **Submit Your Application**: Send your complete application package to the respective authorities, such as Immigration, Refugees and Citizenship Canada (IRCC), the Canada Border Services Agency (CBSA), or the IMO.
Conclusion
While having a felony conviction may make it challenging to enter Canada, there are ways to overcome these restrictions. By understanding the Canadian government’s regulations regarding criminal records and applying for special authorization, you can still have the opportunity to visit, work, or live in Canada. Make sure to prepare your documentation carefully, follow the correct application process, and highlight your rehabilitation efforts to demonstrate your commitment to reintegration into Canadian society. Remember that each application is individually assessed, and approval or denial is at the discretion of the Canadian government. Consult with an immigration lawyer to increase your chances of successful authorization.
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• **Drug offenses**: trafficking, possession for the purpose of trafficking, and other drug-related offenses.
• **Sex crimes**: sexual assault, human trafficking, and other related offenses.
• **Immigration and refugee-related crimes**: offenses related to immigration documents, identity fraud, or other refugee-related crimes.
• **Terrorist offenses**: crimes related to terrorism, including plotting or supporting terrorist activities.
• **10 years**: convictions for more serious crimes or crimes with a sentence 5-10 years
• **Indefinitely**: convictions for the most serious crimes, such as murder or human trafficking, with no set end to the exclusion period
+ Medical treatment or education
+ Attend a family event or event of significant cultural or familial importance
+ Resolve a serious situation or unexpected emergency
• **CDN (Criminal Rehabilitation)**: for individuals seeking permanent residence in Canada:
+ Apply for the rehabilitation process, which is usually 5-10 years from the completion of your sentence
+ Meet specific requirements, including good conduct and a sincere desire to reintegrate into Canadian society
• **IMM (Individual Membership) of the International Maritime Organization (IMO)**: for seafarers or mariners with conviction-related restrictions:
+ Apply for an IMM form, which allows you to enter Canada for specific employment or purposes
+ Conviction record (with translation if needed)
+ Sentence documentation (if applicable)
+ Travel plans and itinerary (if applicable)
+ Proof of financial resources or support
2. **Fill Out the Application Forms**: Complete the required application forms, including:
+ TRP application: IMM 1442, Temporary Resident Permit Application Form
+ CDN application: IMM 5339, Criminal Rehabilitation Application
+ IMM application: IMO Form 101/202, Individual Membership Form
3. **Supporting Documents**: Include relevant supporting documents, such as:
+ Character reference letters
+ Written explanations for your actions (if applicable)
+ Proof of rehabilitation or counselling programs (if applicable)
4. **Submit Your Application**: Send your complete application package to the respective authorities, such as Immigration, Refugees and Citizenship Canada (IRCC), the Canada Border Services Agency (CBSA), or the IMO.
