Persons Who Are Inadmissible to Canada

Article provided by canadianembassy.org

Persons who have been convicted of a CRIMINAL OFFENCE in ANY COUNTRY may be INADMISSIBLE TO CANADA as a result of their criminal record. Even persons who do not require a Visa to enter Canada may still be refused permission to enter Canada if they are MEMBERS OF AN INADMISSIBLE CLASS.

INADMISSIBLE CLASSES:

Members of Inadmissible Classes include those who have been convicted of MINOR OFFENCES (including shoplifting, theft, assault, dangerous driving, unauthorized possession of a firearm, possession of illegal substances, etc.), or of INDICTABLE CRIMINAL OFFENCES (including assault with a deadly weapon, manslaughter, etc.). As well, those who have been convicted of DRIVING WHILE INTOXICATED (DWI) are considered Members of an Inadmissible Class. Driving while under the influence of alcohol is regarded as an extremely serious offence in Canada.

Those who have received TRAFFIC VIOLATIONS (including parking/speeding tickets, etc.) and other minor violations (i.e. littering, etc.) most likely will NOT be prohibited from entering Canada. Similarly, those who have JUVENILE CONVICTIONS (convictions for crimes committed while under age 18) most likely will NOT be prohibited from entering Canada unless they could have been tried as an adult for their offences.

TEMPORARY RESIDENT PERMIT, APPROVALS OF REHABILITATION, AND PERMISSION TO RETURN TO CANADA:

Those who have been convicted of an offence IN CANADA who wish to return to Canada must first apply for a PARDON from the CLEMENCY AND PARDONS DIVISION OF THE NATIONAL PAROLE BOARD. A Pardon permanently erases the Canadian criminal record, and any consequences of inadmissibility resulting from it. Those unable to obtain a pardon may still apply for a TEMPORARY RESiDENT PERMIT. For more information on pardons, contact:

NATIONAL PAROLE BOARD,
Clemency and Pardons Division,
340 Laurier Avenue West,
Ottawa, Ontario, Canada, K1A 0R1.

Those who have been convicted of an offence OUTSIDE CANADA, and have had 5 years elapse since the termination of the custodial portion (if any) of the sentence imposed (not the sentence served), may apply for a Minister's APPROVAL OF REHABILITATION. The Minister's Approval will permanently remove the inadmissibility caused by conviction.

If less than 5 years have elapsed, or if persons are only seeking entry to Canada for a single or limited period, then they may apply for a TEMPORARY RESIDENT PERMIT.

Those subject of a previous DEPORTATION ORDER FROM CANADA require PERMISSION TO RETURN TO CANADA before they can enter Canada. As well, those who have been subject of an EXCLUSION ORDER within the past 12 months require Permission to Return to Canada before they can re-enter Canada.

**NOTE: In general, applications for Minister's Permits, Approvals of Rehabilitation and Minister's Consent take into consideration the nature of the offenses committed by the applicant, the number of offenses on the applicant's record, the length of time since the last offense, reports from parole or probation officers, the purpose for which entry into Canada is sought, and the applicant's standing in the community.

APPLYING FOR A TEMPORARY RESIDENT PERMIT, APPROVAL OF REHABILITATION, OR PERMISSION TO RETURN TO CANADA:

Persons may apply for a Temporary Resident Permit, Approval of Rehabilitation, or Permission to Return to Canada either in Canada or at one these CANADIAN VISA OFFICES IN THE UNITED STATES:

**NOTE: Be sure to visit the website of the Canadian Visa Office that will be processing your application to confirm hours of operation, processing times, documents/forms required, and other instructions. Application Forms may be obtained from the above offices.

DOCUMENTATION THAT MAY BE REQUIRED BY A CANADIAN VISA OFFICE TO PROCESS TEMPORARY RESIDENT PERMIT OR APPROVAL OF REHABILITATION APPLICATIONS: