Entering Canada from a foreign jurisdiction can become extremely complicated in situations where the person seeking entry has a criminal record. If you have a record of any kind, whether the charges were minor or serious, this could impede your ability to cross into Canada. There are potential options for someone with a criminal record to gain entry into Canada however successfully navigating these options is not easy. Having an experienced immigration lawyer to guide you through the process will help to ensure you place your best foot forward when seeking admittance.
At Garson Immigration Law, we have helped numerous clients gain entry to Canada after being deemed inadmissible for criminal reasons. We understand how the border services officers work and we are adept at putting together a successful case for clients who meet the criteria.
If your criminal record is related to marijuana charges, it is possible you will still be permitted entry to Canada given that possession of cannabis has been legalized in the country. However, admissibly will be dependent on the type of charge you faced. In Canada, it is permissible to be in possession of up to 30 grams of marijuana. If you were charged with possessing more than 30 grams, you may still be denied entry. Further, if you were charged with trafficking or related crimes, you may also be deemed inadmissible.
If a considerable amount of time has passed since your criminal charge (at least ten years), you may be permitted to enter the country. This will depend on the seriousness of the charge, the extent of your record, and the amount of time passed. It is important to note that this exception only applies to charges which, if committed in Canada, come with a maximum prison sentence of less than ten years.
If it has been more than five years since the end of your last criminal sentence, you may be able to claim that you have been rehabilitated. If you can establish that you are unlikely to commit any further crimes, you can apply under the individual rehabilitation exemption. The individual rehabilitation application can be submitted along with an application for temporary resident application should you require urgent entry to Canada while the rehabilitation application is in process.
If you received a record suspension or discharge regarding your charges in a foreign country, this may also be valid in Canada. At Garson Immigration Law, we regularly advise clients on whether foreign record suspensions or discharges will assist with their entry into Canada.
You may be entitled to apply for a temporary resident permit to enter Canada if you have a valid reason to travel to Canada that outweighs any risk your entry may pose.
At Garson Immigration Law, we are exclusively dedicated to the practice of immigration law and regularly provide assistance to clients facing admissibility issues. We have been widely recognized for our expertise in the field and will work to find an effective solution for your individual immigration needs. To discuss your circumstances with one of our experienced immigration lawyers, please contact us online or call us at 416-321-2860.
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