Travelers are no longer required to get the COVID-19 vaccination to enter Canada

Travelers are no longer required to get the COVID-19 vaccination to enter Canada

The elimination of the mandatory vaccination requirement has simplified the entry process for all tourists visiting Canada, but individuals with criminal records must still take additional measures.

As of October 1, all travel restrictions linked to COVID-19 in Canada were lifted. This means that unvaccinated international travelers to Canada won’t be subject to a test or quarantine upon arrival.

While this does simplify access for some, it does not guarantee entry to Canada for all visitors. Even if it has been many years since your conviction, a criminal record from any country, including the United States, may affect your eligibility to enter Canada.

Yet, if a person with a criminal record is able to secure a Temporary Resident Permit or can provide evidence of having completed the Criminal Rehabilitation procedure, they may be permitted to enter Canada.

What makes a person inadmissible to Canada?

A person may be deemed inadmissible to Canada if they have been convicted of any of a number of serious crimes. Reckless driving, DUI, fraud, violence, and drug offenses are among the most frequently committed crimes.

If you have committed any one of these, no matter how small, you may be denied entry to Canada even if the incident happened decades ago. But individuals who are serving time or have just finished a term have a lower chance of being admitted to Canada.

Temporary Resident Permit

A Temporary Resident Permit allows you to enter Canada for a limited period (TRP). With a TRP, you may enter Canada legally for a limited time if you have a valid reason for your visits. Applications for TRPs may be submitted at any time, regardless of whether the person has already served all or part of their term.

Keep in mind that if the crime was very serious or if your sentence is still ongoing, your chances of receiving a TRP decrease.

How should you apply?

Potential TRP applicants can choose between two options. Both those trying to come to Canada and those who are denied entry must provide documentation to prove their eligibility to do so. An officer will go over your application and consider the pros and cons of letting you in depending on your criminal history.

If you are granted a TRP, it will only be valid for the total period that you want to spend in Canada; after that, you will need to apply for a new one each time you enter the country.

Immigration, Refugees, and Citizenship Canada (IRCC) must review your application after you or your lawyer have acquired all the required paperwork.

Applying through a Consulate

U.S. citizens can submit their TRP application to a Canadian embassy if they have enough time to organize their travel well in advance. Although processing times vary, they will allow you to enter Canada and ensure that you don’t have to wait long at the port of entry.

Application at a port of entry

If you want to enter Canada, you can get a TRP at the airport or land border, but it doesn’t mean the Canadian Immigration Officer will let you in. The official on duty will make the ultimate call after weighing the risks to Canadians’ health and safety against the benefits of your trip. There is still a possibility that you will not be allowed into Canada.

You will be unable to enter Canada unless you have received permission from a Canadian consulate.

Criminal Rehabilitation

You may be qualified to apply for Criminal Rehabilitation if it has been more than five years after you completed your sentence and you have been denied entry to Canada.

If a person has been living a law-abiding life for the last five years after the completion of their sentence and shows no sign of returning to criminal behavior, they are considered to have been rehabilitated.

The five years might be counted in a variety of ways, depending on the nature of the sentence you were given.

• Suspended sentence: count five (5) years from the date of sentencing.
• Suspended sentence with a fine: count five (5) years from the date the fine was paid. In the case of varying payment dates, the rehabilitation period starts on the date of the last payment.
• Imprisonment without parole: count five (5) years from the end of the term of imprisonment.
• Imprisonment and parole: count five (5) years from the completion of parole.
• Probation: probation is part of the sentence. Count five (5) years from the end of the probation period.
• Driving prohibition: count five (5) years from the end date of the prohibition. You are prohibited by the Criminal Court from driving.

Legal opinion letter

This letter was written by a Canadian lawyer and cites specific provisions of Canadian law to convince Canadian border officials to grant you entry to the country:

Depending on the nature of the crime, the consequences of a conviction can vary:

The most important aspect in determining whether or not an individual has been rehabilitated is whether or not the same sentence would have been imposed in Canada for the same offense.

In Canada, for instance, the Canadian Criminal Code distinguishes between convictions that result in sentences of less than 10 years and those that result in sentences of more than 10 years; IRCC makes a similar distinction. The longer the criminal record, the less likely it is that an individual will be regarded as rehabilitated.

It’s a long and expensive process, but once you’ve been declared rehabilitated, you won’t have to go through it again the next time you visit Canada.

 

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