Having a criminal record can make entering Canada difficult. Canadian immigration laws are strict, and past offences, even minor ones, can lead to inadmissibility. However, there are ways to overcome this and gain entry.
In this guide, we’ll explain:
- How Canadian immigration assesses criminal records
- The types of offences that can make you inadmissible
- Ways to overcome inadmissibility
- How to apply for a Temporary Resident Permit (TRP) or Criminal Rehabilitation
- Steps to improve your chances of entry
Understanding Criminal Inadmissibility in Canada
Canada considers non-citizens inadmissible based on past criminal records. This applies whether you were convicted, charged, or even suspected of committing a crime.
How Canada Determines Criminal Inadmissibility
To determine if you’re inadmissible, Canadian immigration authorities compare your offence to an equivalent crime under Canadian law.
You may be deemed inadmissible if you:
- Were convicted of a crime in any country
- Were charged with a crime, even without conviction
- Have pending criminal charges
- Committed an act that is a crime under Canadian law
Types of Criminal Offences and Their Impact
Canada classifies crimes into non-serious criminality and serious criminality. The type of offence affects whether you can enter the country.
Non-Serious Criminality
You may be inadmissible for non-serious criminality if you:
- Were convicted of a crime punishable by indictment
- Were convicted of two or more separate offences
- Committed an act outside Canada that would be an indictable offence under Canadian law
Common non-serious offences:
- Petty theft
- Vandalism
- Trespassing at night
- Minor assault (without a weapon)
- Disorderly conduct
A single minor offence may not make you inadmissible, but multiple offences can.
Serious Criminality
Serious criminality can result in a permanent ban from entering Canada. You may be deemed inadmissible if you:
- Were convicted in Canada of a crime punishable by a sentence of at least 10 years
- Were convicted outside Canada of a crime equivalent to a 10-year sentence in Canada
- Committed an act outside Canada that would be considered a serious crime in Canada
Common serious offences:
- DUI (Driving Under the Influence)
- Aggravated assault
- Drug trafficking
- Armed robbery
- Fraud over $5,000
Overcoming Criminal Inadmissibility
1. Temporary Resident Permit (TRP)
A TRP allows temporary entry into Canada despite criminal inadmissibility. To qualify, you must prove:
- You have a valid reason to enter Canada
- You do not pose a risk to Canadian society
Common reasons for TRP approval:
- Attending a family event (wedding, funeral, medical emergency)
- Business meetings or conferences
- Layovers requiring transit through Canada
TRPs can be issued for up to 3 years and may allow single or multiple entries.
TRP Application Fee: $239.75
Apply at a Canadian consulate or, in some cases, at the border.
2. Criminal Rehabilitation
This is a permanent solution to remove inadmissibility. Once approved, your past criminal record will no longer impact your ability to enter Canada.
Eligibility for Criminal Rehabilitation:
- At least 5 years must have passed since your sentence was fully completed
- You must demonstrate a stable lifestyle with no repeat offences
Processing Time: 6-12 months
Application Fees:
- $239.75 (non-serious criminality)
- $1,199 (serious criminality)
3. Deemed Rehabilitation
If 10 years have passed since completing your sentence, you may be automatically deemed rehabilitated for non-serious crimes. However, serious offences do not qualify for deemed rehabilitation.
4. Legal Opinion Letter
A legal opinion letter from an immigration lawyer can help clarify your situation. It can:
- Explain why your offence may not make you inadmissible
- Provide evidence of rehabilitation and good character
- Support a TRP or rehabilitation application
Where to Apply for a TRP
Where you can apply depends on your travel status:
| Travel Status | Apply at Border? | Apply at Canadian Consulate? |
|---|---|---|
| Visa-exempt (e.g., U.S. citizens) | Yes | Yes |
| Visa-required | No | Yes |
| Need eTA | No | Yes |
Consequences of Criminal Inadmissibility
If found inadmissible:
- You may be denied entry at the airport or border
- If in Canada, you could face deportation
- Repeated attempts to enter can result in an exclusion order
- Misrepresenting your record can lead to a 5-year entry ban
Need Help? Contact an Immigration Professional
Navigating Canada’s strict criminal inadmissibility laws can be challenging. Seeking legal advice can significantly increase your chances of success.
Schedule a Free Work Permit Consultation to get expert guidance on overcoming inadmissibility.
