Canadian immigration border crossing is not for everyone, for some people it is a simple process of showing identification and claiming anything being brought across the border. Other people do not qualify to enter Canada like this, and instead will be required to go through an immigration process known as a rehabilitation application visa process. This is because Canada’s immigration and customs officials have the right to decide who can enter their country and who will not be permitted without proving they are an upstanding individual. There may be many questions, by the individual who cannot obtain a visa without a waiver. The experienced Canada immigration lawyer can answer the questions and assist in the process.
Anyone who has ever had a criminal offense in their past is required to go through this process of rehabilitation in order to obtain a visa and permission to enter the country. The process is extensive and takes time, with many different types of documents that are necessary to obtain and submit with the application. The most difficult part of this rehabilitation visa process may be determining which of the four types of applications the Canadian immigration authority will accept and approve. Without this type of application, and visa approval there is no chance for the person that has a criminal offense to be permitted at a Canadian immigration border crossing to go into the country. Only the Canadian immigration bureau officials are able to provide the permission and visa to go into Canada. The individual with a conviction for an offense, even if it is not an offense in the United States that seems like a significant crime, under Canadian laws even a misdemeanor charge of DUI, reckless driving, theft, or domestic violence is considered a felony and a reason to keep the individual from entering the country without one of the rehabilitation visas. The four types of rehabilitation visas include:
- Deemed Rehabilitation: The deemed rehabilitation visa can be applied for at a Canadian immigration border crossing. This is a rehabilitation visa that is for the individual who has one criminal offense conviction.a. The conviction has been at least 10 years prior to filing out the Deemed Rehabilitation application to enter Canada.
b. The sentence, including jail time, restitution, court costs, fines and other fees have been satisfied.
c. The criminal offense conviction would not be a serious crime under Canadian immigration laws.
d. The criminal offense did not involve a weapon or result
- Streamlined Rehabilitation: This type of visa can be applied for at a Canadian immigration border crossing. The rules and regulations for applying for this type of visa include:
a. The person that is applying for this kind of visa has two or less criminal offense convictions.
b. The criminal offense or offenses did not involve a weapon or result in physical harm or property damage.
c. The sentence has been completed, including any jail time ordered, restitution fines, fees and other stipulations have been satisfied.
d. The convictions and sentencing requirements have been completed at least five years in the past.
- Approval of Rehabilitation: This is a Canadian immigration application that is required to be applied for at a Canadian consulate in the United States. This is a visa that is for the individual who would like to enter Canada and because their criminal offense conviction is considered a felony under Canadian laws. Many misdemeanors are considered felonies, and the individual cannot apply for the other types of visas at the Canadian immigration border crossing point. This is a more extensive process and can take a longer amount of time to be approved. It should be applied for, well in advance of a planned vacation or business trip.
- Temporary Resident Permit: This is the final type of visa for the person who has criminal convictions to apply for in order to enter Canada. In some cases, because Canadian immigration laws are strict, it will be the only way to obtain permission to enter the country, having more than one criminal conviction. The temporary resident permit must be applied for in the United States at a Canadian Consulate location. The application process is extensive and requires documents concerning the criminal conviction to be submitted. In some cases, this type of rehabilitation visa can take six months or longer to be approved by the Canadian immigration and customs officials.