Foreign nationals who have been arrested or convicted of a criminal offence anywhere in the world, that if committed in Canada, could be classified as an indictable offence, may be deemed ineligible to enter Canada. Attempting to enter Canada while considered inadmissible due to criminality can result in a person being denied entry to Canada. Only the equivalent Canadian law determines whether or not a person with a criminal record is admissible to cross the border. Consequently, it does not matter if the offence is a misdemeanour or felony committed crimes in the United States.

On this page, we have provided an extensive list of crimes that can make you inadmissible to Canada. While this list is extensive, it is far from comprehensive as many other crimes not listed here can render an American inadmissible to Canada. If you have ever been arrested or convicted of a crime, you may be considered criminally inadmissible to Canada unless you have acquired special entrance permission from the Canadian Government.

Interested in going to Canada but having a criminal record? Phone us today for a free consultation.

Crimes That Can Make You Inadmissible to Canada

· DUI (including DWI, DWAI, reckless driving, etc.)

· theft

· drug trafficking

· drug possession

· weapons violations

·  assault

· probation violations

· domestic violence

· fraud

· vehicular manslaughter (voluntary or involuntary)

· possession of the stolen property

· arson

· embezzlement

· drug manufacturing or cultivation

· aggravated assault

· child abandonment

· property crimes

· robbery

· indecent exposure

· failure to appear

· hit and run

· credit card fraud

· prostitution

· money laundering

· sexual assault

· disorderly conduct

· child abuse

· identity theft

· conspiracy

· stalking

· wire fraud

· battery

· cyberbullying

· racketeering (RICO)

· burglary

· white-collar crimes

· resisting an officer (resisting arrest)

· solicitation

· extortion

· child pornography

· insurance fraud

· breaking

· shoplifting

· securities fraud

· aiding & abetting

· homicide

· vandalism

· careless driving

· motor-vehicle theft

· kidnapping

· tax evasion

· harassment

· aggravated battery

· telemarketing fraud

· battery

· evading arrest

· rape

· larceny

· bribery

· computer crimes

· hate crimes

· forgery

· obstruction of justice

Crimes That May Not Make You Inadmissible to Canada

While the criminal offences listed above can render an American inadmissible to Canada, some crimes do not always equate to an indictable offence in Canada. Loitering, open container offences, criminal contempt of court, disturbing the peace, and public intoxication are examples of crimes that will not necessarily make a person criminally inadmissible to Canada, provided it is an isolated incident. Even if you have never been convicted of a serious criminal offence, if you have received two or more convictions or violations that equate to summary offences in Canada, such as disorderly conduct, you may be considered criminally inadmissible to Canada.

If an offence in the United States equates to a hybrid crime in Canada, it can also make a foreigner excludable from Canada. An arrest or conviction for possession of marijuana will not necessarily render an American ineligible to travel to Canada, provided they have no other criminal history and the amount of marijuana was less than 30 grams. Suppose you were convicted under a statute that includes quantities more significant than 30 grams. In that case, however, the onus is on you as the visitor to be able to prove your admissibility if challenged by agents at the border. If you have been convicted for cannabis possession with intent to distribute instead of simple possession for personal use, you could also have issues crossing the Canadian border.

Deemed Rehabilitation After 10 Years

Americans with a single criminal conviction that is not serious (maximum imprisonment of equivalent crime in Canada is less than ten years) may be allowed back into Canada if it has been more than a decade since full completion of all sentencing, including any probation. For example, a person with one minor theft conviction for shoplifting may be considered deemed rehabilitated after ten years. However, court documents or other paperwork should be brought with you to Canada to avoid the risk of a border refusal, as old convictions can still raise questions at the border. Any criminal offence that involves violence, a weapon, or property damage does not qualify for Deemed Rehabilitation and can render a person criminally inadmissible to Canada for life. A DUI is now considered a severe crime in Canada. Any such offence can directly result in an American being refused entry at the Canadian border, even if it happened more than ten years ago.

Theft and assault are common convictions that often result in people being declared inadmissible to Canada.

FAQS

 Q. Can someone who was arrested but not charged be considered inadmissible?

There would be no issues if there were no charges against the person. What is essential is that there is no criminal record, and it doesn’t matter if he got arrested or not.

Q. What are common convictions that result in criminal inadmissibility to Canada?

One of the most common convictions that many foreign nationals have that result in criminal inadmissibility to Canada is drunk driving or driving under the influence, also known as DUIs.

Q. If I am criminally inadmissible to Canada, may I enter as a visitor?

Unfortunately, you will not be able to enter Canada as a visitor if you’re criminally inadmissible unless you have successfully overcome criminal inadmissibility and have been permitted to enter Canada by Canadian authorities.

Q.Can I apply for permanent residency if I am inadmissible to Canada?

If you are inadmissible to Canada, you will not be able to apply for permanent residency unless you have been cleared of your inadmissibility to Canada via the Criminal Rehabilitation application.

To be eligible to apply for Criminal Rehabilitation, it must be at least five years after you have completed your sentence.

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