Following a guilty verdict on 34 charges in his hush money case, former U.S. President Donald Trump may now face criminal inadmissibility to enter Canada. This situation offers a high-profile example of how inadmissibility is determined and the steps that can be taken to overcome it.
What is Criminal Inadmissibility?
Criminal inadmissibility prevents individuals from entering or staying in Canada due to criminal offenses. It applies to temporary residents (those on work/study permits or with visitor visas/eTAs) and permanent residence applicants if they:
- Have been convicted of an offense in Canada;
- Were convicted of an offense outside Canada that is also considered an offense in Canada; or
- Committed an act outside Canada that is considered an offense both where it was committed and in Canada.
For instance, if someone is convicted of a crime in their home country that would be deemed an “indictable offense” in Canada, they could be considered criminally inadmissible. However, not all convictions result in inadmissibility; minor offenses, known as “summary convictions,” may not trigger this status.
What Trump’s Case Teaches Us About Criminal Inadmissibility
When someone with a foreign offense seeks entry to Canada, immigration authorities assess:
- The foreign statute under which the offense was prosecuted;
- The sentence imposed; and
- The date the sentence was completed.
They then compare the foreign offense with its Canadian equivalent to determine its seriousness. Serious crimes in Canada, punishable by prison sentences of 10 years or more, often involve significant harm or damage.
How Trump’s Charges Impact His Admissibility to Canada
Trump’s charges, involving falsification of business records and substantial amounts of money, are likely to be classified as serious criminality in Canada. This classification affects the steps needed to overcome inadmissibility.
For serious criminality, the application processing fee to overcome inadmissibility is $1,148.87 CAD, compared to $229.77 CAD for non-serious criminality.
Overcoming Potential Inadmissibility
Trump’s first step could be seeking an opinion from a Canadian immigration lawyer. The lawyer would assess the charges and determine their impact on his admissibility. If inadmissibility is confirmed, Trump could apply for a Temporary Resident Permit (TRP), which allows entry under compelling circumstances for 1 day to 3 years.
TRP applications can be submitted to the Canadian consulate or directly at the port of entry for visa-exempt travelers, though the latter is faster.
Long-Term Solutions: Criminal Rehabilitation
Down the line, Trump could apply for criminal rehabilitation, a process to permanently overcome his criminal record. To qualify, he must:
- Wait 5 years after completing his sentence; and
- Demonstrate rehabilitation and a low risk of reoffending.
This application requires proof of a stable lifestyle, community connections, and social/vocational skills. Unlike TRP applications, criminal rehabilitation applications must be submitted to the Canadian consulate.
Learn more about TRPs and criminal rehabilitation on our blog page.
Schedule a Free Legal Consultation with Skynet Immigration to explore your options and ensure your eligibility for entry to Canada.
