Canada Border Services Agencies,
860 Highway 137, Hill Island,
Lansdowne Port of Entry,
Lansdowne, Ontario
K0E 1L0
30 August 2010
Diver's entering into Canada
As of late, I am aware that Canada Border Services Officers have had to attend several dive boats as some divers have been deemed criminally inadmissible to Canada. I am well aware that this is causing hardship for the dive boat companies and embarrassment to the person concerned.
If a Dive client has had a convictions on record, they should understand it could hamper their entry into Canada. If an individual is concerned or has questions regarding their entry into Canada, the individual may call Canada Boarder Services, they have officers on duty 24/7 (613-659-2319).
I am including a few relevant sections from our website:
Inadmissibility
Some people are inadmissible—they are not allowed to come to Canada. Several things can make you inadmissible, including involvement in criminal activity, in human rights violations or in organized crime. You can also be inadmissible for security, health or financial reasons.
Criminal inadmissibility
If you have committed or been convicted of a criminal offence, you may not be allowed to enter Canada.
Criminal offences include both minor and serious offences, such as theft, assault, manslaughter, dangerous driving and driving while under the influence of drugs or alcohol. For a complete list of criminal offences in Canada, consult the Canadian Criminal Code.
If you were convicted of a crime when you were under the age of 18, you can probably still enter Canada. See the Related Links at the bottom of this page for more information about admissibility.
Visiting Canada: Overcoming criminal inadmissibility
This information is intended for general guidance and reference only. A legal decision on your inadmissibility can only be made at the time you seek entry into Canada either through an application or at a port of entry.
Depending on the nature of the offence, the time elapsed and your behavior since it was committed or since you were sentenced, you may no longer be considered inadmissible to Canada. You may be permitted to come to Canada if
- you are able to satisfy an immigration officer that you meet the legal requirement to be deemed rehabilitated; or
- you have applied for rehabilitation and your application has been approved; or
- you have obtained a pardon; or
- you have obtained a temporary resident permit.
Deemed rehabilitation
You may be deemed rehabilitated if you meet the requirements of the Immigration and Refugee Protection Act. Depending on the nature of your offence, at least five years and as many as 10 years must have passed since you completed the sentence imposed for your crime. Deemed rehabilitation also depends on whether you have committed one or more offences. In all cases, you may only be deemed rehabilitated if the offence committed would be punishable in Canada by a maximum term of imprisonment of less than 10 years.
You are not required to submit an application to be deemed rehabilitated. However, before arriving at a port of entry, we strongly advise you to contact a Canadian embassy, high commission or consulate outside Canada to see if you qualify.
Individual rehabilitation
Rehabilitation means that you lead a stable life and that you are unlikely to be involved in any further criminal activity.
If you want to come to Canada but you have committed or been convicted of a crime and you are not eligible for “deemed rehabilitation,” you must apply for rehabilitation to enter Canada. To apply for individual rehabilitation, at least five years must have passed since you completed all your criminal sentences. You must submit an application to the Canadian visa office in your area and pay a processing fee.
Please note: Applications for rehabilitation can take over a year to process, so make sure you plan for your visit far enough in advance.
Pardon or discharge
If you have been convicted in Canada and wish to apply for a pardon, see the National Parole Board website. If you received a Canadian pardon for your conviction, you may be allowed to enter Canada.
If you received a pardon or a discharge for your conviction in a country other than Canada, check with the CIC office closest to you for more information.
Temporary resident permit
If less than five years have passed since the end of the criminal sentence, or if justified by compelling circumstances, foreign nationals who are inadmissible to Canada, including people who have a criminal conviction, may be issued temporary resident permits allowing them to enter or remain in Canada.
Note: Temporary resident permits are only issued in exceptional circumstances, if there are reasons of national interest or strong humanitarian or compassionate grounds. A temporary resident permit may be cancelled at any time.
Temporary resident visa or
Permanent resident visa
If you are applying for a temporary resident visa or a permanent resident visa, you will have to provide details of your criminal history in your visa application. In cases where you have been declared criminally inadmissible, you may apply for rehabilitation if the required five years have elapsed since your conviction.
Read the Frequently Asked Questions for more information on criminal inadmissibility.
1. What is criminal inadmissibility?
In general, it is a term used to describe a person who will not be allowed to visit or stay in Canada because they have committed or been convicted of a crime in, or outside of, Canada.
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2. I was charged with a crime in the United States and found “not guilty.” Am I criminally inadmissible?
No. When a court decides you are not guilty of committing a crime, you will not be considered criminally inadmissible.
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3. I have been charged with a crime but my trial is still under way. Will I be allowed to enter Canada?
No. You are considered criminally inadmissible if:
- you have a trial under way;
- there is a warrant out for your arrest; or
- you have charges pending against you or an officer has credible information that you committed an offence outside Canada.
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4. What is rehabilitation?
Rehabilitation means that you lead a stable life and that you are unlikely to be involved in any further criminal activity. If you want to come to Canada, but you have committed or been convicted of a crime, you may apply for rehabilitation to enter Canada.
Requests for rehabilitation should be made at a visa office outside Canada. Such a request usually requires proof that at least five years have elapsed since the end of any sentence imposed (including any period of parole/probation), and that further criminal activity is unlikely.
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5. How long will it take to get a decision on my application for rehabilitation?
Applications for rehabilitation can take over a year to process, so make sure you plan for your visit far enough in advance.
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6. How much are the processing fees to apply for rehabilitation?
The application fee for rehabilitation is either $200 or $1,000 (Canadian dollars) depending on whether, due to the seriousness of the criminal act or conviction, authority from the Minister is required.
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7. Are processing fees refundable?
Processing fees are not refundable regardless of the final decision on your application. If your application is refused and you decide you want to apply again, a new processing fee will be required.
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8. When am I eligible to apply for rehabilitation?
You are eligible to apply for rehabilitation if:
- you have committed a criminal act outside of Canada (for which you were not charged) and five years have passed since the act; or
- you have been convicted outside of Canada and five years have passed since the end of the sentence imposed.
For example:
In 1989, I was convicted of driving while impaired in the United States. I did not serve any time in prison and I have had no other convictions. Will I be allowed to enter Canada?
Based on your circumstances, it is possible that you would be found by an immigration officer to be rehabilitated under a system called deemed rehabilitation. Deemed rehabilitation applies to people who have one previous conviction dating back more than 10 years. If an immigration officer finds that you are deemed rehabilitated, it is likely that you will be allowed to enter Canada as long as all other requirements are also met.
On June 3, 2003, I was convicted of driving under the influence and had my driver’s licence taken away from me for three years. When am I eligible to apply for rehabilitation?
The sentence imposed — which includes the period of licence suspension — ends on June 3, 2006. Count five years from the end date of the suspension or the date your driver’s licence is reinstated. You will therefore be eligible to apply for rehabilitation on June 3, 2011.
I was convicted of a crime on December 13, 2002, and received a jail sentence of three months. When will I be eligible to apply for rehabilitation?
You can apply for rehabilitation five years after the end of the sentence imposed. If your three-month jail sentence ended March 13, 2003, you are eligible to apply for rehabilitation on March 13, 2008, as long as no other terms were imposed on your sentence.
I have one conviction for which I was given three years of probation. Do I apply for rehabilitation after my probation is finished?
No. You are not eligible for rehabilitation until five years after the end of the sentence imposed. Since probation forms part of the imposed sentence, you can apply for rehabilitation five years after you complete your probation.
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9. I am currently on parole. Will I be allowed to enter Canada?
No. Should you wish to come to Canada, you must apply for rehabilitation after your parole ends. You can apply for rehabilitation five years from the completion of parole.
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10. What can I do if I must come to Canada but I do not qualify for rehabilitation?
If less than five years have elapsed or if justified by extremely compelling circumstances, people who are inadmissible to Canada may be issued a temporary resident permit allowing them to enter or remain in Canada.
Note: Temporary resident permits are only issued in exceptional circumstances, for reasons of national interest or on strong humanitarian or compassionate grounds. A temporary resident permit may be cancelled at any time.
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11. How can I find out whether an offence committed outside Canada is considered a criminal offence in Canada?
This is a very difficult and complex task. It involves comparing the elements of Canadian law with those of the foreign jurisdiction. It is recommended that you fill out the application for rehabilitation and check off the box “for information only.” A visa officer will review the details of your case and assess if you are criminally inadmissible. There is no fee for this type of application.
You may also review the Canadian Criminal Code to find an equivalent of a foreign offence in Canadian law.
Visiting Canada: Who is inadmissible?
Individuals may be denied a visa, or refused entry to or removed from Canada on the following grounds:
- security reasons, including espionage, subversion, violence or terrorism, or membership in an organization involved in such activities;
- human or international rights violations, including war crimes or crimes against humanity, or being a senior official in a government engaged in gross human rights violations or subject to international sanctions;
- serious criminality involving an offence, or its equivalent, punishable by a maximum term of imprisonment of at least 10 years;
- criminality, including conviction for an offence or commission of a criminal act;
- organized crime, including membership in an organization that takes part in organized criminal activity, people smuggling or money laundering;
- health reasons, if their condition is likely to endanger public health or public safety, or might reasonably be expected to cause excessive demands on health or social services*;
- financial reasons, if they are unable or unwilling to support themselves and their family members;
- misrepresentation, which includes providing false information or withholding information directly related to decisions made under the Immigration and Refugee Protection Act (IRPA);
- failure to comply with any provision of IRPA; or
- having an inadmissible family member.
*IRPA exempts certain groups from the excessive demands assessment. These include family class sponsored spouses, common-law partners and their dependent children, and Convention refugees and their family members, protected persons and persons in similar circumstances and their family members.
Examples of failure to comply with IRPA include the following:
- temporary residents who do not comply with conditions of entry—for example, they stay longer than authorized, or work or study without the necessary permits;
- permanent residents who do not comply with the residency obligation; and
- persons who have previously been deported and are seeking to enter Canada without written authorization.
What is a temporary resident permit?
A temporary resident permit may be issued to an inadmissible person to allow him or her to enter or remain in Canada, if their entry is justified by compelling circumstances and they are not a danger to public health or safety in Canada. Cost-recovery fees apply. This permit may be cancelled at any time, and the person may be subject to an admissibility hearing or a removal order. A permit is issued for a specified, often short, period—for example, for a week so that the person can attend a conference. However, it may be issued for up to three years, and extended before expiry. If a person is made aware of their criminal inadmissibility, a temporary resident permit should be applied for/obtained at a Canadian Consulate abroad prior to arrival at Port of Entry..
Reference: www.cic.gc.ca
Thank you