Entering any country with a criminal record can be challenging. Canada is no different. If you are thinking about coming to the 2025 ILAA Conference in Banff and are worried about crossing the border, here are some suggestions. The sooner you start, the better, as some options may take months to be approved.
Options to consider:
1. A Temporary Resident Permit (TRP):
A TRP allows individuals with criminal records to enter Canada temporarily and can be applied for at a Port of Entry. To be eligible, you must demonstrate that you are not a risk to the public in Canada and have a compelling reason for your visit, showing that the benefits of your entry outweigh any risks. TRPs can be issued for various durations, depending on the purpose of your visit. The application fee is currently $229.77 CAD.
2. Criminal Rehabilitation:
This is a permanent solution for those who have completed their last sentence at least five years prior to applying. This is generally applied for at a Canadian Embassy in the U.S. You should apply at least a year in advance of entry. If approved, you are considered rehabilitated and can enter Canada without needing a TRP. The application fee varies: $229.77 CAD for non-serious criminality and $1,148.87 CAD for serious criminality. Processing times may be up to 12 months.
3. Deemed Rehabilitation:
In some cases, individuals may be deemed rehabilitated without applying. This typically applies if at least ten years have passed since the completion of your sentence for a single, non-serious offense. However, this is assessed on a case-by-case basis, considering factors like the nature of the offense and your behavior since. You should always have a recent copy of your FBI criminal record search available just in case it is requested. (See below.)
4. Legal Opinion Letter:
Obtaining a legal opinion letter from a Canadian immigration lawyer can help clarify how your specific offense is viewed under Canadian law and support your case for admissibility.
Important Considerations:
• Documentation: Provide all relevant documents related to your criminal history, including court records and proof of sentence completion. Most importantly, you should obtain a current FBI criminal search (Identity History Summary Check) which is available by applying online.
• Honesty: Always be truthful about your criminal record when interacting with Canadian immigration authorities.
• Processing Times: Plan ahead, as applications can take several months to process and in the case of Criminal Rehabilitation, can take a year or more.
For personalized guidance, consider consulting with a Canadian immigration lawyer. Additionally, the Government of Canada’s official website offers detailed information on overcoming criminal inadmissibility. Access the website here: Can I Get In?
There are also ILAA members who handle this type of work on a regular basis. While our traditions prevent us from recommending any specific attorney to handle your immigration matter, many have volunteered to provide a free consultation if you are handling the paperwork on your own. Please reach out to Tom R. at (919)270-2876, and he will connect you with one of these volunteers.
Best of luck and we hope to see you in Banff!
The Trustees of ILAA
Conference Confirmations
We can offer you a couple of documents to help you:
- We can provide you with a personalized registration confirmation letter to document your planned attendance at the conference. Please Contact Us to request one.
- Download a Message From Honourable Mickey Amery, KC highlighting the importance of the conference