It is critical to plan ahead of time for your travel to Canada, whether you have a small or big violation on your record.
This is the first year since the outbreak that Canada has been entirely open to visitors.
In March 2020, Canada implemented travel restrictions on tourists, which were eased in late summer 2021 for individuals who were properly vaccinated. Fully vaccinated travellers do not need to take a COVID-19 test before entering Canada as of April 1st.
This is great news for travellers, since Canada is making it simpler to get there.
One thing to bear in mind, though, is the significance of planning ahead of time if you have a criminal past. Tourists are received by officials from the Canada Border Services Agency (CBSA) as they arrive in Canada. Tourists are screened to verify that they are in compliance with Canadian immigration rules, which includes ensuring that they are eligible to enter Canada. If you have a criminal record, a CBSA officer may consider you inadmissible to Canada and prohibit you from entering the country. Citizens of the United States should also be aware that their passport is linked to their FBI criminal history record, which CBSA officials have access to.
It’s also crucial to realise that Canada desires tourists. As a result, the Canadian government offers a variety of options for you to overcome your criminal record and enter the nation. This is because Canada believes that people may be rehabilitated and that specific offences do not automatically imply that a visitor poses a public safety concern to Canadians.
Obtaining a Temporary Resident Permit is the first option (TRP).It’s a temporary option that you may pursue as long as you can persuade the Canadian government that your criminal record should be expunged for the time being. For people seeking temporary entrance to Canada for business or compassionate reasons, the TRP is typically a preferable option. Tourists are often advised to seek the second alternative, known as Criminal Rehabilitation.
Unlike a TRP, asking for Criminal Rehabilitation can permanently remove your criminal inadmissibility. If your Criminal Rehabilitation application is approved, your criminal record will no longer restrict you from entering Canada as long as you do not commit another crime. Before you may qualify for rehabilitation, you must have served at least five years of your most recent sentence. The Canadian government will examine the Canadian equivalent of your offence when evaluating your application. As a result, the cost of your Criminal Rehabilitation application will be determined by the gravity of your offence. The application cost in Canada is $200 for non-severe crime and $1,000 for serious criminality.
You can be considered rehabilitated if it has been at least 10 years since you were convicted of a non-serious felony. In this situation, you may be immediately declared rehabilitated under Canadian law, and you will not be required to file an application before to visiting Canada. However, you should speak with a Canadian immigration lawyer before departing for your vacation to ensure your safety. A lawyer could advise you to seek a legal opinion letter to avoid any misunderstandings with CBSA personnel once you arrive.
A third option is to get a legal opinion letter. A Canadian immigration lawyer will write a legal overview of your criminal background and argue why you should be permitted to visit Canada in this document. It may assist CBSA officials in comprehending why your travel should not be stopped. A legal opinion letter is useful in a variety of situations, including:
1) Those who have been found to be rehabilitated.
2) People who have been accused but not convicted of a crime. This includes people who have received a Nolle Prosequi or a postponement of adjudication.
3) People who have been convicted of a crime for which there is no Canadian equivalent..
(Source CIC News)