Posted: 7/13/2009 1:25:01 PM EDT
|
Canada will accept for a work visa/permit an American with a felony conviction? TIA |
|
I am not 100% sure, and take this with a grain of salt as this info was found via google searches, but it may act as a starting point;
1) Section 19(2)(a.1) of the Immigration Act of Canada states that persons convicted of an offence outside of Canada, that would be an offence under Canadian law, cannot be admitted to Canada. Criminally inadmissable persons can, however, apply for a special permission to enter Canada. This special permission is expressed by a Minister's Permit. Any person living in the United States who possesses a criminal record and wishes to travel to Canada will need a Ministers Permit. This is valid up to one year. One may also apply for a Rehabilitation. This document is a permanent approval, and allows hassle free border crossing into Canada. The Canadian Government will look at each application individually. They will consider the following factors: 1) Nature of conviction 2) Date of last conviction 3) Sentencing 4) Reasons for travel A Ministers Permit may take up to 6 months for processing. A personal interview may be required at the port of entry nearest the applicant's residence. Rehabilitation allows lifetime access into Canada. This document never needs to be renewed. A Ministers Permit and Rehabilitation does not permit one to work in Canada. These approvals allow visitation for a period up to 6 months at a time. 2) Criminal record. Canada has strict limits on the admission of people with criminal convictions, including driving while intoxicated. This often presents problems at a port of entry when a criminal conviction pops up on the computer. It is often possible to apply for "rehabilitation" after five years. Under Canada's new immigration law, certain minor offenses are "deemed" rehabilitated without an application, if ten years have passed. In other cases, it is possible to obtain a Temporary Resident Permit, formerly known as a Minister's Permit. These rules are complicated. Consult with counsel if you have a criminal conviction and intend to visit Canada. http://www.allhod.com/tourists.shtml 3) What if the applicant has a criminal record in his or her home country? All applicants must go through criminal and security check-ups as well as medical check-ups. The application itself asks “Have you ever been charged or convicted?” They not only want to see if you’ve been convicted, but if you’ve been charged as well. Failing to indicate a charge, even if you were not convicted, is a misrepresentation, and that is one of the grounds for inadmissibility. Applicants need to tell their lawyer everything, or the lawyer cannot help. If there has been a conviction, then making a pardon application in their home country is the first step. http://info.lawyershop.ca/immigration/index.php/archives/2007/10/18/issues-related-to-applying-for-a-work-permit-in-canada/ 4) Do you have Criminal Record? You may require a Temporary Resident Permit also known as a TRP. A Temporary Resident Permit or TRP is a Canadian immigration Permit issued by Citizenship and Immigration Canada. It allows you to enter to Canada as a visitor, worker or student even if you are considered inadmissible to Canada due to a criminal record or certain medical conditions. In some cases, Temporary Resident Permits or TRPs can be issued to people applying for Canadian immigration who are also inadmissible due to Criminal records or certain medical problems. http://www.visaplace.com/canada-immigration/denied-entry-to-canada.php |
|
I used to be a Parole Officer in the US. We had to attend a class about issuing travel permits to various places, and when travel to Canada came up, we were told that sure people could apply, but there was such a low likelihood of approval, that it wasn't worth applying for entry into Canada. Everyone has the right to apply, but the application was about 3 pages long, took forever to get reviewed, and the class instructor said he had NEVER heard of a felon being approved for entry.
|