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Thursday, June 30, 2016

Oh Canada... (felon permission to travel to the True North)

If you are like me, you may have thought that once convicted of your felony, your travel days to Canada were officially over.
As someone who has always loved Canada (growing up in the Midwest put me within hours of a border at most times). I love the French language of the east coast. I love the beauty of Brittish Columbia. I love the ability to cross a bridge or a border in my car and be in another country in less than a half a day from I-90/I-94 (which pretty much run the length of the U.S.).

However, once convicted of my felony, I believed that it would be an unreachable country into the future, due to laws that forbid felons from entering. My birthdays of being in Whistler, Canada and trips to Montreal for a change of pace would be something of past memories. My family would still be able to go, but I would be stranded on this side of the border - no Alaska Cruise that "happens" to stop in Vancouver. No academic conferences that happen to be in Toronto or Calgary.

I happened to mention these issues to another PhD student at my school, who happens to be from Canada. We were talking about a conference I cannot attend, because it will be in Canada. She informed me of a couple ways for U.S. ex-felons to gain permission for travel into Canada. The shock that turned into a smile was fathomable as I started to realize that "for now" I may be unable to travel North, but perhaps not "forever." Just like my program of recovery, we have to live in the day and I do not know what the future will bring, but I have a new HOPE that I will once again travel freely and legally to a Country I happen to love.

So, of course, I wanted to share this news with all of you. 

The best way to get permission to travel to Canada is to fill out an application (http://www.cic.gc.ca/english/information/applications/guides/5312ETOC.asp#5312E4) that you have been rehabilitated. The application is something you do in advance and pay approx. $200 to find out if they will approve you. You must be 5 years post-sentencing (including probation) - or 10 years for major offenses (ones that could carry 10 years of prison time). You need to show that you have been rehabilitated and are not likely to offend again. This is done through sharing a lot of documents asked by the application (http://www.cic.gc.ca/english/pdf/kits/forms/IMM5507E.pdf) Documents include: court documents, sentence completion documents, a criminal clearance document, state police and FBI documents, and more. Does this sound burdensome? Yes. Is it worth is? Once deemed rehabilitated, you would be free to enter/leave the country any time. Keep in mind that it can take up to 6 months for a rehabilitation application to be approved.

For those that want it to be simpler and do not plan to travel much to Canada, they can "take their chances" at the border - in a legal way. If you bring proof of rehabilitation to the border (http://www.cic.gc.ca/english/information/inadmissibility/rehabilitation.asp#a2) you may be assessed right there for entry. Immigration officers at the border do the assessment on site.

"You are eligible to apply for deemed rehabilitation at a port of entry if:
  • you only had one conviction in total or committed only one crime
  • at least ten years have passed since you completed all sentences (payment of all fees, jail time completed, restitution paid, etc.)
  • the crime you committed is not considered a serious crime in Canada AND
  • the crime did not involve any serious property damage, physical harm to any person, or any type of weapon.
A request for deemed rehabilitation is not guaranteed to be approved.
If you think you are eligible, be sure you have these documents if you travel to Canada:
  • passport or birth certificate plus photo identification
  • a copy of court documents for each conviction, and proof that all sentences were completed
  • a recent criminal record check
  • a recent police certificate from the country where you were convicted and from anywhere you have lived for six (6) months or longer in the last 10 years."
It is still a lot to collect and travel with all these documents, but it may mean that you do not have to cross Nova Scotia or Victoria Island off your bucket list.

Everyone who travels to Canada from the U.S. may need to meet some requirements. It used to be so easy to just drive across the border and show your driver's license, but now it is a little trickier:
  • "have a valid travel document, such as a passport,
  • be in good health,
  • have no criminal or immigration-related convictions,
  • convince an immigration officer that you have ties—such as a job, home, financial assets or family—that will take you back to your home country,
  • convince an immigration officer that you will leave Canada at the end of your visit, and
  • have enough money for your stay. (The amount of money you will need can vary. It depends on things such as how long you will stay, and whether you will stay in a hotel, or with friends or relatives.)
You may also need a:
  • medical exam and
  • letter of invitation from someone who lives in Canada."

Oh great Canada, I am sure I will see you in person again!

3 comments:

  1. It will be at least 5 years before I can apply! Thanks for continuing to check in on this blog.

    ReplyDelete

  2. Awesome work ! I am planning to travel but I was confused about flight bookings, your post gave me an amazing idea to explore for Canada visa. Nice post, keep posting.

    ReplyDelete

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