“How can a felon travel to Canada?” Is a common question among Canadians considering a possible emigration to the country? In most cases, felons cannot legally obtain a Canadian passport because of their crimes. However, there are ways to get a tourist visa if one has been convicted of a crime in Canada or the United States. The question in the title “Can a felon Travel to Canada?” is answered by knowing what the law states regarding convicted felons and their ability to obtain a Canadian passport.
There are two ways to enter Canada with criminal convictions or felony charges appearing on your record. The first option is a Canada Immigration Document called an immigrant visa. This is necessary if you plan to live in Canada permanently. If you are of good character and can provide proof of rehabilitation, you can apply for an immigrant visa. Your application can be approved if you have not committed a serious crime after five years in prison or two years of incarceration.
An immigrant visa is not available to someone who was convicted of a crime in another country or who was charged with a crime in another country at the same time as their admission to Canada. These crimes include murder, manslaughter, assault, sexual assault, DUI (driving under the influence), fraud, trafficking of drugs or substance abuse, and other similar criminal offenses. These crimes are deemed “serious” if the accused are found guilty. In order to be eligible, the crime must be related to Canada immigration and cannot involve any previous criminal record in the country.
The second option available for convicted criminals attempting to come to Canada is the Express Entry. An immigrant program that matches candidates with job offers based on their qualifications, skills, and experience. The Express Entry requires that the criminal history of the applicant is checked and that he or she has had their criminal record expunged. There is also an opportunity to use an existing Canadian social security number to apply instead of a United States social security number. To be accepted, the applicant must demonstrate that no criminal conviction or arrest record will negatively affect their eligibility for employment.
If you are from the United States but have a prior criminal record in another country, you may qualify to go through an American adjustment period in order to work in Canada. This means that you can work in Canada while completing your jail sentence in the United States. This is beneficial if you have a felony conviction but noonies on your record in the United States. You can work in Canada during this time without having to disclose your past felony record in the United States. Once your adjustment period is completed, you can apply for citizenship and a Canadian passport.
If you are from the United States and have been convicted of a crime in the United States, a United States conditional discharge may be granted. A United States conditional discharge is similar to an expungement and does not require that the applicant reveal their criminal history. However, there are certain requirements that must be met before a conditional discharge can be applied for. Most notably, most criminal cases in the United States end with a guilty plea. This means that the defendant has admitted their guilt but has yet to be formally convicted.
If you have been convicted of a crime in either the state of Texas or the state of Minnesota, you can apply to have your conviction expunged from your criminal records in both the United States and Canada. Expungement is typically achieved by successfully completing a certification program. In Texas, as in most states, an expungement application must be filed with the state court. An expungement application in Minnesota must be filed with the courts of juvenile law.
Other types of criminal offenses that can lead to an expungement include sexual offenses, possession of illegal drugs, DUI/DWI, brandishing a weapon during the commission of a crime, child pornography, conspiracy, solicitation, robbery, and assault. In order to qualify for expungement in either the state of Texas or in Canada, an application must be submitted to the court. However, the procedure can be quite complicated and in some cases can take years to complete. Therefore, it is important to hire a qualified expungement attorney if one is needed in order to go into Canada.