Resolve criminal inadmissibility issues with strategic legal immigration guidance today.
Criminal inadmissibility occurs when a person is refused entry into Canada because of past criminal activity. Under Canadian immigration law, individuals who have committed certain offences may be denied entry — whether the offence was committed inside or outside Canada.
You may be considered criminally inadmissible if:
You committed an act outside Canada that is illegal both in the country where it occurred and under Canadian law.
You have been convicted of a criminal offence.
There is sufficient evidence that you committed an offence, even without a formal conviction.
Canadian immigration authorities assess inadmissibility based on the equivalent offence under the Criminal Code of Canada.
Criminal offences in Canada fall into three main categories:
These are considered less serious crimes. Examples include:
Causing a disturbance
Threatening phone calls
Trespassing at night
Summary offences may result in penalties of up to:
$5,000 in fines
6 months imprisonment
These are the most serious crimes under Canadian law. They may result in severe penalties, including lengthy imprisonment.
Examples include:
Murder
Crimes against the state
Hybrid offences are the most common and can be prosecuted either summarily or by indictment. For immigration purposes, hybrid offences are treated as indictable offences.
Examples include:
Driving under the influence (DUI)
Theft under $5,000
Sexual assault
If your offence is classified as hybrid, Canadian immigration authorities will treat it as an indictable offence when assessing admissibility.
If at least 5 years have passed since the completion of your sentence, you may be eligible to apply for Criminal Rehabilitation.
Approval of criminal rehabilitation permanently removes criminal inadmissibility for the offences declared.
Eligibility depends on:
The seriousness of the offence
The time that has passed since sentencing was completed
If fewer than 5 years have passed since the completion of your sentence, you may apply for a Temporary Resident Permit (TRP).
A TRP may be granted if:
You have a valid reason to enter Canada
The benefit of your entry outweighs any potential risk to Canadians
Approval is discretionary and decided by an immigration officer.
In some cases, a person may be considered rehabilitated automatically through the passage of time. This depends on:
The type of offence
The number of offences
The time since all sentences were completed
For example, if more than 10 years have passed since completing all sentencing for a single DUI conviction, and there is no other criminal history, you may be considered rehabilitated by the passage of time.
It is important to understand that a formal conviction is not always required for a finding of inadmissibility. Immigration officers may determine inadmissibility based on credible evidence that an offence was committed.
However, if foreign authorities did not pursue charges or if a trial concluded without conviction, inadmissibility may not apply in certain circumstances.
When reviewing an application for criminal rehabilitation or entry into Canada, an officer will consider:
The likelihood of reoffending
The seriousness of the offence
Evidence of rehabilitation
Public safety considerations
Criminal rehabilitation applications can be complex and time-consuming, but successful applications permanently resolve inadmissibility for declared offences.
Foreign nationals with criminal history are frequently assessed at Canadian ports of entry. Eligibility is determined based on:
The Canadian equivalent of the offence
The severity of the crime
The time elapsed since sentencing
The number of offences
In some cases, the passage of time alone may not be sufficient to overcome inadmissibility.
Our team evaluates your criminal history, determines eligibility for rehabilitation or TRP, and prepares a strong application to help you move forward with confidence.
