Canada’s policies on criminal inadmissibility hinge on how foreign convictions align with Canadian laws. This means that foreign nationals may face a ban from entering Canada if their criminal offense is comparable to a crime under Canadian law. However, not all cannabis-related convictions necessarily result in inadmissibility, especially with recent changes in Canadian cannabis legislation.
For example, the possession of cannabis up to a certain limit is now legal in Canada, and foreign nationals convicted of similar offenses may still be eligible to enter the country. Despite this, some cannabis-related offenses can still bar entry, including:
- Possession of more than 30 grams of dried cannabis
- Possession of cannabis in non-dried forms exceeding 30 grams
- Cannabis-related Driving Under the Influence (DUI) charges
- Illegal sale or distribution of cannabis
If you have a cannabis conviction that makes you inadmissible to Canada, there are a few ways you may still be able to enter the country.
1. Temporary Resident Permit (TRP)
A Temporary Resident Permit allows foreign nationals to enter Canada for a specific, valid reason, even if they have a criminal conviction. Individuals applying for a TRP must demonstrate that the benefits of their visit outweigh any potential risks. TRPs can be granted for up to three years, and applicants do not need to have completed their criminal sentence to be eligible.
Key points about TRPs include:
- They can be single-entry or multi-entry permits.
- TRP holders can apply to extend the permit while in Canada.
2. Legal Opinion Letter
A Canadian immigration lawyer can assist in preparing a legal opinion letter. This letter outlines the details of the conviction and provides reasoning why the individual should be considered admissible to Canada. The letter helps clarify risks and Canadian laws while arguing the case for entry.
3. Criminal Rehabilitation Application
Criminal rehabilitation is a process that clears a foreign national’s criminal record for the purposes of Canadian immigration. If approved, individuals are no longer deemed inadmissible to Canada. Applicants must meet the following criteria:
- The offense must have occurred outside of Canada and be classified as inadmissible under Canadian law.
- Five years must have passed since the completion of any penalties (such as jail time, fines, or probation).
While cannabis-related convictions can still lead to inadmissibility, these options offer potential pathways for those looking to travel or settle in Canada despite their criminal history.