What to Do If You Think You Might Be Inadmissible to Canada

Mùa hè là thời điểm cao điểm du lịch Canada. Tuy nhiên, trước khi lên kế hoạch thăm người thân, tham dự sự kiện hay đơn giản chỉ là khám phá đất nước lá phong xinh đẹp, cần đặc biệt lưu ý đến các quy định về điều kiện nhập cảnh. Một trong những lý do phổ biến khiến nhiều người bị từ chối nhập cảnh chính là vấn đề không đủ điều kiện nhập cảnh do lý do hình sự (criminal inadmissibility).
In this article, TTN immigration will help you understand what criminal inadmissibility is, what behaviors can cause you to be denied entry, and solutions to overcome this barrier.

What is Criminal Inadmissibility?

Only Canadian citizens have the absolute right to enter Canada. If you are not a Canadian citizen, your application will be closely scrutinized upon entry. In many cases, if you have a criminal record, you may be considered a criminally inadmissible — that is, ineligible for entry due to criminal reasons.

This comes from the fact that the Canadian government always puts border security first, in order to protect society from potential risks from foreigners who have committed illegal acts.

What behaviors can get you refused entry to Canada?

To understand this issue clearly, it is necessary to distinguish two levels: criminality (common criminal conduct) and serious criminality (serious crime).

1- Criminality (Common criminal behavior)

You may be refused entry if:

• Have been convicted of a crime in any country where such conduct is considered a indictable offence (tội nghiêm trọng) theo luật Canada.
• Or have been convicted of two separate crimes that are considered summary offences (misdemeanor) under Canadian law.
• Or has committed an act that is considered a crime in that country and is also a serious crime under Canadian law.

Note::

• Indictable offence tương đương với trọng tội (felony) in America.
• Summary offence tương đương với tội nhẹ (misdemeanor) in America.

2- Serious Criminality

You may be guilty of a serious crime if:

• Convicted in Canada with a maximum sentence of up to 10 years in prison or actually sentenced to 6 months or more in prison.
• Convicted or committed an offence in another country that, under Canadian law, would be punishable by a maximum of 10 years in prison or more.

Important Note:

• Minor administrative violations such as running a red light or parking tickets do not make you inadmissible.
• However, crimes such as DUI (Driving Under the Influence) — driving while drunk or under the influence of drugs — is a very serious offence under Canadian law and can result in you being refused entry.

What should I do if I think I might be inadmissible?

The good news is: there are a number of ways you can overcome this barrier. criminal inadmissibility.

1- Xin Giấy phép cư trú tạm thời (Temporary Resident Permit – TRP)

• TRP is a special permit that allows a person who is ineligible for entry due to criminal reasons to still enter Canada for a certain period of time for a legitimate reason.
• To apply for a TRP, you need to demonstrate a valid reason for entry (e.g. wedding, visiting sick relatives, important business…).
• If you need a visa, you submit the TRP application along with your tourist visa application.
• If you are eligible for an eTA (electronic travel authorization), you may need to apply for a TRP at a Canadian visa office in your home country.
• TRP approval time is usually 3 to 6 months. Therefore, it is advisable to apply as early as possible.
• US citizens or permanent residents can apply for a TRP at the port of entry (airport, land, or sea), but the issuance of the permit is entirely up to the customs officer at that time.

2- Deemed Rehabilitation

• If you have committed a crime but enough time has passed, you may be considered rehabilitated:

Level of crime	Waiting time
Indictable offence	10 years
Summary offence	5 years

• This period is calculated from the completion of the entire sentence (including prison, suspended sentence, fines, community service, etc.).
• However, whether or not reinstatement is granted remains at the discretion of an immigration officer in Canada.
• If qualified, should prepare supporting documents carefully, possibly attached. Legal Opinion Letter từ luật sư di trú để tăng cơ hội được chấp nhận.
• Note: Deemed Rehabilitation does not apply to serious criminal cases (serious criminality).

3- Criminal Rehabilitation

• If not eligible deemed rehabilitation, you can apply for criminal rehabilitation (criminal rehabilitation).
• Once approved, you will no longer be considered inadmissible in connection with the previous offense.
• Condition: At least 5 years from the date of completion of the entire sentence.
• Criminal rehabilitation applications should be filed as soon as possible as the review process can be lengthy.
• While waiting for approval, you can still submit TRP in parallel if you need to enter the country urgently.
• Criminal rehabilitation can apply to both criminality lẫn serious criminality.

Legal Opinion Letter – Useful Support Tool

This is a legal analysis letter prepared by an immigration lawyer that evaluates your criminal record against Canadian law and argues why you should be allowed entry.

A Legal Opinion Letter is useful when:

• Apply TRP
• Criminal rehabilitation;
• Please be recognized as restored (deemed rehabilitation).

Conclusion

Having criminal inadmissibility This does not mean that the door to Canada is completely closed. However, each case has its own legal requirements and procedures. Consulting with experienced immigration professionals will save you time, prepare a stronger application and increase your chances of being admitted.