Due to the strict laws in Canada, you may be disallowed into the country if you have certain charges against you, whether at felony or misdemeanor level and whether it was committed in Canada or outside its borders. You may only be re-considered for entry when you have started the process of applying for criminal rehabilitation, a TRP, deemed rehabilitation or conviction vacation.
It will be necessary to get yourself an immigration lawyer to give you advice, tips and steps of gaining entry into Canada but before doing that, you have to be sure that you qualify and in order to do that you have to launch an investigation into your own past. You can find a successful company like FWCanada at the Canadian DUI Entry website.
Tips to be reconsidered for entry into Canada
Firstly, if you have a valid reason for needing entry, you may be allowed to enter temporarily on a Canada TRP or temporary resident permit. This would allow you residence in Canada for a period of up to 3 years. The time it takes for the application processing of TRP’s may differ from visa office to visa office. You should be ready to wait for six to twelve month for this to be finalized. You can also get your TRP issues directly at the border of Canada. This is only a viable option when there is some level of urgency or if you have a real compelling case to need access to the country. Before attempting the last method you should check with your lawyer first.
Secondly, for a more permanent solution you are required to apply for Canadian criminal rehabilitation as mentioned above but this can only happen if all sentencing and probation has been dealt with five years before the application was launched. It may take up to a full year for rehabilitation to be processed so start it long in advance if you have a deadline to be admitted into the country.
As a third option, you may qualify for deemed rehabilitation. This can only be achieved if the offense was the only one you had and it was committed more than ten years prior to applying to be allowed into the country. They may consider you rehabilitated because so much time has passed. You don’t want to put yourself in a position where you have to explain your situation to border officials, as you just won’t get access.
These options are available to you but they depend largely on various factors like the offense and how many times it was committed, when the completion of the sentencing was and also how severe the transgression was.
When a transgression was committed outside of Canada it will be judged by Canadian officials on how serious they would’ve considered it if you were brought before them in a court of law. This means, even if your offense was considered minor outside of Canada, it may be decided to be more serious when considered by Canadian immigration authorities.
The lawyer you get to represent you in any of these methods should be very knowledgeable in various laws including custom laws, complex personal injury claims, citizenship and immigration laws and charter of rights, human rights laws. In most cases you will be need to find a lawyer that knows immigration laws in the province that you are thinking of entering.
As a last option, you may also be able to vacate your conviction but you are only allowed to vacate one misdemeanor in a lifetime. In this type of case you will need a good lawyer (a DUI lawyer to be specific) yet again for the best chance of succeeding in this endeavor. If you meet all required criteria and a judge rules in your favor, the conviction may be vacated. If this applies to you, you will be relieved of all penalties that were caused by the conviction in question. This conviction will also not be placed in your criminal record. This in turn means that you are within your rights to say that you have not been convicted of a crime if ever asked.
This conviction may be used in future cases against you so you do not get off completely scot-free. Getting your conviction vacated does not give your right back to own a firearm, though. In order to start this process, you or your lawyer have to file a petition with the court that convicted you in the first place. Before you can vacate, you have to make sure you fall into a huge list of criteria. These criteria include no criminal charges (pending) against you in any court whatsoever. You are not allowed to have been convicted of any crime any ware since the conviction you want vacated. You are not allowed to vacate more than one conviction in a lifetime.
You should not have any restraining orders (for domestic violence, anti-harassment protection, no contact or a civil restraining order or the like that prevents you from making contact with anyone else) against you nor should you have had one against you in the past five years. If your charges were reduced or if you committed another alcohol or drug related offense less than ten years 10 years after the first offense you will also not be eligible.
When travelling to Canada be very sure that you do not have any entry disqualifying charges against you by having a background check done on yourself as many people do not even realize that these charges stuck in quite a few cases. If the news is bad the next step is to see if you are eligible for the options above. If you have a record that excludes you access to Canada and you are in fact eligible for any of the options mentioned in this article, it is time to lawyer up.
With the help of your lawyer, such as FWCanada and others, you will be able to work out how you will make things right and restore your name if possible but mainly, to get back the freedom you lost of being able to travel across the borders of Canada without trouble.