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Can Felons Travel To Canada?

Published On : 04 Sep 2024

It is difficult for anyone to go to another country but much more challenging for individuals with criminal records. If you are a felon in the United States and you are wondering whether or not it is legal for you to visit Canada, here are some important things you should understand.

Is It Possible For Felons To Visit Canada?

The short answer is yes, but it depends on the specific case. Generally, the legal residents and citizens of the USA with a felony conviction are permitted to travel to Canada. But just because you are legally permitted does not mean that it will be a walk in the park. There are certain other formalities and documentation processes that are involved in the screening part.

There are some RTWAs which depending on the type and severity of the conviction deemed “Criminally Inadmissible” under the Canadian Immigration and Refugee Protection Act. This means you could be denied entry at the border, although this is not very likely to happen unless you are in the immigration blacklist. However, an appellant is not assured of a denial – every case is assessed on the merits by a Canadian immigration officer.

Legal Conditions For Entering Canada With A Felony

If you have some past history of felony conviction then you would have to seek special permission and clearance to enter Canada. The requirements are:

  • You must have served your entire term of imprisonment, including parole or probation, for more than 5 years before applying. This is called the “five year waiting period.”
  • You will need to apply for Criminal Rehabilitation directly with the Canadian government. In other words, this is an application that seeks pardon for crimes committed in the past.
  • Criminal Rehabilitation application comes with a cost, some paperwork, and may take more than a year before being granted. Therefore, it is advisable to plan way ahead of any planned travel.

Why You Can Be Refused Entry Into Canada

It means that if you are a felon, this does not necessarily mean that at the border, you will be sent back and told that you cannot enter the United States anymore. However, if Canadian immigration decides that you meet certain criteria, they do have the right to refuse you entry. Reasons for denial include:

  • Crimes committed within the last 5 years and not comprised of felonies
  • There are cases such as assault, sexual offenses, or any matters concerning weapons.
  • Recent or multiple convictions, no matter whether for felonies or misdemeanors
  • Security risks as terrorism, spying or espionage convictions
  • Outstanding fines or taxes payable in either the United States or Canada
  • Former immigration or customs offences

Of course, border agents can legally deny entry for whatever purpose they want and appear to do so nowadays. It is also important to be patient, and to reveal any criminal history throughout the screening process.

How to cross a border of Canada with a record – some practical advice

If you do get approved through Criminal Rehabilitation, here are some tips for getting through border control more smoothly

Pack all your documents - Ensure that you carry hard copies of background checks, your rehabilitation application, citizenship proof etc each time you are heading to the border crossing. All things considered, the less complicated you make it for the agents to confirm your clearance, the better it will be.

Take a flight instead of a car – Sometimes passing through an airport may be easier compared to passing through a border check point on the land.Airport agents have better access to pre-approval verification systems than other agents.

Be honest – there’s nothing worse than forging your record. It can lead to getting permanently banned from Canada in the future if one gets arrested for it.

Cross with a valid passport – At least come with a passport card or book even if not traveling to another country. These contain security details that agents can refer to in case of any incidences or when they are in doubt.

Do not cross when it is rush hour – This is because during rush hour, guards are likely to spend a short time checking people and can easily miss out on identifying an intruder. Weekdays and early morning hours are usually slow.

Be well planned, specific - Be very clear about your destination, the duration of your stay, your accommodation and the things that you anticipate to do. This will demonstrate that you are a genuine tourist with no malicious intent.

Summary

Generally, the rehabilitated American felons are free to enter Canada after a given time and by applying for entry. Though technically allowed people’s admittance is never a guarantee even when a few of them are invited. These are some of the factors that dictate the probability of denial at the border; Violent criminals, security threats, and people with recent past or multiple convictions.

So, essentially, American ex-convicts can enter Canada if they prepare, follow the right protocols, and declare their criminal records. However, permissions may be more difficult or even impossible to obtain, depending on the gravity and time of the offenses committed.

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