Entry into Canada (Application for Rehabilitation)

Many Americans are unaware that there are many restrictions governing travel to Canada. For example, individuals with most criminal convictions in the U.S. or another country will likely be denied entry into Canada. Since Sept. 11, 2001, the Canadian government has become even stricter about allowing individuals with criminal records to enter.

Even a misdemeanor record can prevent an individual from traveling from the U.S. to Canada. For example, someone with a misdemeanor DUI / DWI conviction in the U.S. will not be allowed into Canada because drunk driving is a felony there.

Because a criminal record in the United States can prevent entry into Canada, it’s critical to obtain post-conviction relief whenever possible to clear the individual’s record and open up travel opportunities. If approved, an application for rehabilitation will clear the way for an individual convicted of a criminal offense in the U.S. to enter Canada. The experienced lawyers of The Kavinoky Law Firm can assist any individual with an application for rehabilitation that may allow entry into Canada.

In order to qualify for rehabilitation to enter Canada, at least five years must have passed since the completion of any sentence and probation imposed for the offense. Some individuals can have their rehabilitation request processed at a Canadian port of entry through two processes known as ‘deemed’ and ‘streamlined’ rehabilitation. Applicants must provide all required documentation and pay a fee of $200 Canadian for streamlined rehabilitation. There is no fee for deemed rehabilitation.

Required documents include identification, court documents for each conviction that show that the sentence was completed, a recent FBI criminal record check, and a police certificate from the state(s) where the offense occurred and any state where the individual has lived for more than six months in the past 10 years.

Rehabilitation requests can also be submitted to the Canadian Consulate. The individual must submit an application and all relevant documents to the Canadian Consulate. Just as in streamlined or deemed rehabilitation, there is no guarantee that the Canadian government will approve the request.

If less than five years have passed since the sentence was completed, the individual may qualify for a Temporary Resident Permit, or TRP. To qualify for a TRP, the individual must complete an application and provide all of the documentation required for rehabilitation.

The procedures for submitting an application for rehabilitation to enter Canada are complex, and are best handled by a skilled attorney who is familiar with the requirements. The experienced lawyers of The Kavinoky Law Firm are well-versed in every aspect of the Canadian rehabilitation process and can ensure the best chance of a successful application. Contact them today for a free consultation.