Criminal Inadmissibility

If you have committed or been convicted of a criminal offence, you may not be allowed to enter Canada. With few exceptions, people who have a criminal record are criminally inadmissible to Canada unless they have been determined to be rehabilitated after an assessment by a Canadian immigration officer.

Criminal offences include both minor and serious offences, such as theft, assault, manslaughter, dangerous driving and driving while under the influence of drugs or Alcohol.

Persons who are otherwise qualified to enter Canada as Permanent Residents, temporary workers, international students or visitors may be denied entry if they (or their dependents) are determined to be criminally inadmissible by a Canadian Immigration Officer. Some examples of convictions that could make you inadmissible to Canada include: DUI, DWAI, Theft, Petty Theft/Larceny, Assault, Drunk & Disorderly Conduct, Obstruction of Justice, Possession of marijuana, cocaine or other controlled substances/drugs, and cautions (issued in the United Kingdom).

Drinking and driving, or driving while under the influence are common offences that visitors or applicants may not realize can lead to a refusal of their application, or in their being refused entry to Canada.

Fortunately, you may still be permitted to enter Canada, either by way of deemed or individual rehabilitation or through the issuance of a Temporary Resident Permit.

If warranted in your particular situation, we can do the following:

Application for Rehabilitation - If more than 5 years have elapsed since the completion of any sentence imposed and there have been no subsequent convictions, we can represent you in an application to Citizenship and Immigration Canada (CIC) for a rehabilitation order;

Application for Temporary Resident Permit (TRP) - If less than 5 years have elapsed since the completion of any sentence imposed, we can represent you in an application to Citizenship and Immigration Canada (CIC) for a temporary resident permit.

Preparation of a Legal Opinion:

Non-Convictions: Some sentences are not considered convictions for the purposes of Canadian immigration. However, sentencing varies from state to state, we can let you know if the outcome of your case resulted in a conviction, for the purposes of Canadian immigration. Examples of non-convictions include deferred adjudication, conditional discharge, suspended sentence, dismissed charges & nolle prosequite.

Deemed Rehabilitation: If you were only convicted of one offense and the equivalent Canadian offense does not carry a maximum sentence of 10 years or more you are deemed to have been rehabilitated. No application is required although we do suggest the preparation of a legal opinion by the Attorney to take with you to the border.

Overcoming Criminal Inadmissibility

Depending on the nature of the offence, the time elapsed and your behaviour since it was committed or since you were sentenced, you may no longer be considered inadmissible to Canada. You may be permitted to come to Canada if

(1) You are able to satisfy an immigration officer that you meet the legal requirement to be deemed rehabilitated; or

(2) You have applied for rehabilitation and your application has been approved; or

(3) You have obtained a pardon; or

(4) You have obtained a temporary resident permit.

Deemed Rehabilitation

You may be deemed rehabilitated if you meet the requirements of the Immigration and Refugee Protection Act. Depending on the nature of your offence, at least five years and as many as 10 years must have passed since you completed the sentence imposed for your crime. Deemed rehabilitation also depends on whether you have committed one or more offences. In all cases, you may only be deemed rehabilitated if the offence committed would be punishable in Canada by a maximum term of imprisonment of less than 10 years. You are not required to submit an application to be deemed rehabilitated. However, before arriving at a port of entry, we strongly advise you to contact a Canadian embassy, high commission or consulate outside Canada to see if you qualify.

Individual Rehabilitation

Rehabilitation means that you lead a stable life and that you are unlikely to be involved in any further criminal activity. If you want to come to Canada but you have committed or been convicted of a crime and you are not eligible for "deemed rehabilitation", you must apply for rehabilitation to enter Canada. To apply for individual rehabilitation, at least five years must have passed since you completed all your criminal sentences. You must submit an application to the Canadian visa office in your area, pay a processing fee.

Pardon or Discharge

If you have been convicted in Canada and wish to apply for a pardon, see the National Parole Board website. If you received a Canadian pardon for your conviction, you may be allowed to enter Canada. If you received a pardon or a discharge for your conviction in a country other than Canada, check with the CIC office closest to you for more information.

Temporary Resident Permit

If less than five years have passed since the end of the criminal sentence, or if justified by compelling circumstances, foreign nationals who are inadmissible to Canada, including people who have a criminal conviction, may be issued temporary resident permits allowing them to enter or remain in Canada.

Serious Criminality Inside/Outside Canada

The following persons are inadmissible to Canada because of serious criminality (indictable offences) punishable by imprisonment of ten years or more:

Those convicted for an offence committed in Canada, unless pardoned under the Criminal Records Act [19(1)(c)].

Those convicted outside Canada of an offence that, if committed in Canada, would constitute an offence that may be punishable under any Act of Parliament by a maximum term of imprisonment of ten years or more unless granted rehabilitation by the Governor in Council and at least five years have elapsed since the expiration of any sentence imposed for the offence [19(1)(c.a(1)]*; and

Those convicted outside Canada of an act or omission that constitutes an offence under the laws of the place where the act occurred, and that if such act were committed in Canada it would constitute an offence that may be punishable under an Act of Parliament by a maximum term of imprisonment of ten years or more, unless granted rehabilitation by the Governor in Council and five years have elapsed since the commission of the act or omission [19(1)(c.1)(ii)].

Less Serious Criminality (Hybrid Offences)

The following individuals are inadmissible for crimes punishable by imprisonment of less then ten years but for which an offender may be prosecuted on indictment:

Those convicted in Canada of an indictable offence, or of an offence for which the offender may be prosecuted by indictment or for which the offender is punishable on summary conviction, that may be punishable by way of indictment under any Act of Parliament by a maximum term of imprisonment of less than ten years, unless granted a pardon under the Criminal Records Act [19(2)(a)]; or

there exist reasonable grounds to believe that the person has been convicted outside Canada of an offence, or has committed an act or omission that constitutes an offence under the laws of the place where the act or omission occurred, and that, if committed in Canada, would constitute an offence that may be punishable by way of indictment under any Act of Parliament by a maximum term of imprisonment of less than ten years, unless the person satisfies the Minister of Immigration that he or she is rehabilitated and that at least five years have elapsed since the expiration of any sentence imposed for the offence or since the commission of the act or omission, as the case may be [19(2)(a.1)].

Minor Criminality

The following persons are inadmissible because they have committed minor, but repeated, summary conviction offences:

Those convicted in Canada under any Act of Parliament of two or more summary conviction offences not arising out of a single occurrence, where any part of the sentences imposed for the offences was served or to be served at any time during the five-year period immediately preceding the day on which they seek admission to Canada [19(2)(b)(i)]

There exist reasonable grounds to believe that the person has been convicted outside Canada of two or more offences, not arising out of a single occurrence, that if committed in Canada would constitute a summary conviction offences under any Act of Parliament, where any part of the sentences imposed for the offences was served or to be served at any time during the five-year period immediately preceding the day on which he or she seeks admission to Canada [19(2)(b)(ii)].