Tuesday, September 8, 2009
Sex Offenders Denied Entry to Canada
Warning - American citizens holding a U.S. passport will not be allowed entry into Canada if they have a sex offense in their background:
Tim, a charter member of ConstitutionalFights.org, was denied entry into Canada at the border crossing in August 2009. Tim had visited Canada twice in 2005 and 2006 with a drivers license and birth certificate only. Once the passport requirements went into effect, Tim obtained a U.S. Passport. Apparently, the passports are now scanned at the border crossing (they do have a bar code on the last page). We have been informed that Canada has close integration with the U.S. computer database which informs them if any U.S. passport holder has a sex offense in their history. Tim was detained at the customs/immigration office at the border for an hour before being ordered to return across the border back into the U.S., or face arrest. He was also warned that if he attempted to enter again, without obtaining a permit to do so, he "would be arrested without warrant". Once Tim crossed back to the U.S. border he was again detained by U.S. border agents for 45 minutes, while they searched his car and belongings (and apparently entered his personal information in their computers).
Inadmissible to Canada (see document below)
"Under section 36 of the Immigration and Refugee Protection Act (IRPA), persons who have been convicted of a crime or offense, or persons who have committed ac act, that constitutes an offense are Inadmissible to Canada." (this includes, but is not limited to sex offenders)
"In certain circumstances;
a.) Criminal Rehabilitation (permanent) or
b.) Temporary Resident Permit (temporary) or
c.) Pardon (if convicted in Canada)
...MAY be issued to overcome the inadmissablity."
Rehabilitation for persons who are inadmissible to Canada because of past criminal activity (IMM 5312)
Under Canada’s Immigration and Refugee Protection Act, temporary residents and applicants for permanent residence in Canada may not be able to come to Canada if they have been involved in criminal activity. This guide explains when people might be considered inadmissible and under what conditions they can apply to overcome the inadmissibility. An application for rehabilitation and instructions on how to complete it are also included.
We recommend you review the above link, which provides some information about Inadmissibility from the Canadian Consulate Office. The information we have been able to gather is that your chances of obtaining a Criminal Rehabilitation permit are not good. You must apply with a $200 fee. The processing period could extend up to 1 year and it may be required for you to pay an additional $800 if your application needs further review. If your application for this permit is denied, you do not receive any money back.
Temporary Resident Permits are generally for extra-ordinary circumstances.
Frequently-asked questions : Overcoming Criminal Inadmissibility.