Members of Inadmissible Classes include
those who have been convicted of MINOR OFFENSES (including shoplifting,
theft, assault, dangerous driving, unauthorized possession of a firearm,
possession of illegal substances, etc.), or of INDICTABLE CRIMINAL
OFFENSES (including assault with a deadly weapon, manslaughter, etc.). As
well, those who have been convicted of DRIVING WHILE INTOXICATED (DWI),
DRIVING UNDER THE INFLUENCE (DUI) are considered Members of an
Inadmissible Class. Driving while under the influence of alcohol is
regarded as an extremely serious offence in Canada.
Those who have received TRAFFIC
VIOLATIONS (including parking/speeding tickets, etc.) and other minor
violations (i.e. littering, etc.) most likely will NOT be prohibited from
entering Canada. Similarly, those who have JUVENILE CONVICTIONS
(convictions for crimes committed while under age 18) most likely will NOT
be prohibited from entering Canada unless they could have been tried as an
adult for their offences.
TEMPORARY RESIDENT PERMIT,
APPROVALS OF REHABILITATION, AND PERMISSION TO RETURN TO CANADA:
Those who have been convicted of an
offence IN CANADA who wish to return to Canada must first apply for a
PARDON from the CLEMENCY AND PARDONS DIVISION OF THE NATIONAL PAROLE
BOARD. A Pardon permanently erases the Canadian criminal record, and any
consequences of inadmissibility resulting from it. Those unable to obtain
a pardon may still apply for a TEMPORARY RESIDENT PERMIT.
For more information on pardons, contact:
NATIONAL PAROLE BOARD,
Clemency and Pardons Division,
340 Laurier Avenue West,
Ottawa, Ontario, Canada, K1A 0R1.
Those who have been convicted of an
offence OUTSIDE CANADA, and have had 5 years elapse since the termination
of the custodial portion (if any) of the sentence imposed (not the
sentence served), may apply for a Minister's APPROVAL OF
REHABILITATION. The Minister's Approval will permanently remove
the inadmissibility caused by conviction.
If less than 5 years have elapsed,
or if persons are only seeking entry to Canada for a single or limited
period, then they may apply for a TEMPORARY RESIDENT PERMIT.
Those subject of a previous
DEPORTATION ORDER FROM CANADA require PERMISSION TO RETURN TO
CANADA before they can enter Canada. As well, those who have been
subject of an EXCLUSION ORDER within the past 12 months require Permission
to Return to Canada before they can re-enter Canada.
**NOTE: In
general, applications for Temporary Resident Permits, Approvals of
Rehabilitation and Authorization to Return to Canada take into
consideration the nature of the offenses committed by the applicant, the
number of offenses on the applicant's record, the length of time since the
last offense, reports from parole or probation officers, the purpose for
which entry into Canada is sought, and the applicant's standing in the
community.
APPLYING FOR A TEMPORARY
RESIDENT PERMIT, APPROVAL OF REHABILITATION, OR PERMISSION TO RETURN TO
CANADA:
Persons may apply for a Temporary
Resident Permit, Approval of Rehabilitation, or Permission to Return to
Canada either in Canada or at one these CANADIAN VISA OFFICES IN THE
UNITED STATES:
**NOTE: Be
sure to visit the website of the Canadian Visa Office that will be
processing your application to confirm hours of operation, processing
times, documents/forms required, and other instructions. Application Forms
may be obtained from the above offices.
DOCUMENTATION THAT MAY BE
REQUIRED BY A CANADIAN VISA OFFICE TO PROCESS TEMPORARY RESIDENT PERMIT OR
APPROVAL OF REHABILITATION APPLICATIONS:
-
POLICE CERTIFICATES from the jurisdictions where the
applicant has lived since his/her 18 birthday (or for the last 10
years).
-
THE APPLICANT'S OWN STATEMENT
OF CIRCUMSTANCES leading up to his/her conviction.
-
COURT RECORDS
relating to the applicant's conviction(s).
-
REPORTS OF PROBATION OR
PAROLE OFFICERS.
-
A COPY OF THE STATUTE
under which the applicant was convicted.
-
THREE LETTERS FROM PERSONS OF
STANDING IN THE COMMUNITY who know the applicant personally,
and who can attest to the applicant's rehabilitation.