Categories: Temporary Resident Permit TRP

Getting Into Canada with a Misdemeanor

The first thing that needs to be discussed is what a misdemeanor is. In Canada, a misdemeanor would be considered a summary offence. Summary offences are considered minor crimes with light jail sentencing or fines imposed on the convicted. Some misdemeanors may include

criminal mischief
shoplifting under a certain amount

If you have a misdemeanor conviction on your record, you may be permitted to enter Canada. In 2012, Canada implemented a policy in accordance with their Tourism Facilitation Action Plan. This new policy now allows United States citizens, with a misdemeanor on their record, to enter Canada. It is important to mention that, while impaired driving is a serious offence in Canada, this policy applies to those with an impaired driving conviction.

Similar to other applications, there are criterions that must be met in order to enter Canada with a misdemeanor. Like other inadmissible applicants, you would be applying for a Temporary Resident Permit. This being said, you will have to apply at a Canadian Port of Entry instead of making an application while in the United States.

In addition to this, you must also meet the conditions of,

Being convicted with no imprisonment imposed as part of the sentence
Having no other convictions on your record that would deem you inadmissible

It is important to note that this method is only permitted once and that the normal $200 fee for a Temporary Resident Permit will be waived. If you wish to enter Canada again after having used this method, you must make an application for a Temporary Resident Permit through the regular method.

With this being said, it is still imperative to understand that being permitted entry into Canada is still up to the discretion of a border officer and therefore, there are no guarantees that you will be allowed entry into Canada.

If you have further concerns regarding your circumstance or questions about inadmissibility and how you can overcome this, at Akrami & Associates, our legal team is always available to assist you.

Shabnam Akrami

Shabnam Akrami is the Managing Partner and Founder of Akrami & Associates. p> Prior to receiving her Paralegal Diploma with Honours, she completed her Law Degree from the UK at the University of London as well as completed a Post Graduate Diploma. In addition, she has also graduated from York University where she received both her Bachelor in Criminology and Masters in Socio-Legal Studies. She is also a Member in good standing with Law Society of Upper Canada. Prior to opening her own firm, she gained extensive experience in corporate immigration law; specializing in work permits, temporary resident permits and rehabilitation cases. She has in depth and hands on experience in all Canadian Immigration and Citizenship matters. These matters include preparation and submission of applications for permanent residence, work permits, NAFTA applications, labour market opinions, temporary resident permits, sponsorships, and business investors. Shabnam is dedicated to all her clients and committed to the successful completion of all the immigration matters in her care. With Shabnam, there is always a way!