If you have a criminal record, you may not be allowed to enter Canada.
Only Canadian citizens have a right to enter Canada. Without Canadian citizenship, Canadian authorities may deem that you are inadmissible on account of criminality.
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If inadmissible on account of your criminal record, you may be denied a visa or electronic travel authorization (eTA), denied entry, or required to leave the country.
So, if you have a criminal record, you should resolve potential issues with inadmissibility before making any travel plans to Canada.
What is criminal inadmissibility?
Criminal inadmissibility is a term used to describe anyone not allowed to enter or stay in Canada because they have committed or been convicted of a crime. The crime may have occurred within or outside Canada.
When determining whether an individual is criminally inadmissible, Canadian authorities consider many factors, including:
- the seriousness of the offence;
- the sentence imposed; and
- how long ago the offence occurred, or how long ago the sentence was completed.
How do I know how serious an offence is?
For immigration purposes, Canadian authorities categorize offences as either “criminality,” or “serious criminality,” and treat these offences differently for determining criminal inadmissibility.
To determine the seriousness of your offence(s), you must compare any foreign offences to equivalent Canadian offences under federal laws (acts of Parliament).
For most offences, you would look at the Criminal Code of Canada. The Criminal Code of Canada sets out three categories of offences: summary, indictable, and hybrid offences.
Summary offences
Summary offences are minor offences in Canada, similar to misdemeanors in other countries. They often come with quicker processes and lower penalties. Examples of summary offences include causing disturbance, indecent exhibition, and loitering.
If you have only committed a single offence, and the offence you committed is the equivalent of a summary offence under Canadian law, you might still be considered admissible to Canada.
Indictable offences
Indictable offences are more severe offences in Canada, similar to felonies in other countries. Examples of indictable offences include robbery, drug trafficking, and aggravated assault
Despite their severity, not all indictable offences constitute “serious criminality” for immigration purposes. To determine whether an indictable offence is regular “criminality” or “serious criminality,” immigration authorities will look to the maximum penalty that can be imposed for that offence under Canadian law. Any offence that, if committed in Canada, would be punishable by a maximum prison term of 10 years or more, would be result in “serious criminality.”
Hybrid offences
Despite their differences in the criminal justice system, for immigration purposes, Canadian authorities treat hybrid offences the same as indictable offences. In other words, if your foreign offence is equivalent to a hybrid offence in Canada, immigration authorities will treat the offence as indictable for determining your criminal inadmissibility.
Who can be inadmissible to Canada?
Generally, a foreign national* is considered inadmissible on grounds of criminality if they have been:
- Convicted in Canada of an offence that, under an Act of Parliament*, is punishable by way of indictment;
- Convicted outside Canada of an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament; and/or
- Committed an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would be an indictable offence under an act of Parliament.
You need not have been convicted of an offence in a foreign country to be deemed inadmissible. You may be found inadmissible following arrest – even if you are still awaiting the formal charges or the final verdict.
You might also be considered inadmissible if you have been convicted of two or more summary offences – not arising from the same incident.
*Foreign national refers to anyone who is not a citizen or permanent resident of Canada.
*Offences under an Act of Parliament refer to any crime or violation of laws under federal legislation in Canada.
How does Canada find out about past criminal records in other countries?
Canada and the US share criminal history information through travel documents. Anyone travelling to Canada from the US must show their passport and/or visa to border agents at ports of entry.
These documents give immigration officers access to your criminal history, which can lead to questioning or even denial of entry. If you have anything on your criminal record, you are subject to being flagged and pulled aside upon entering Canada.
Travellers from visa-exempt countries who have criminal records may face issues when applying for an eTA.
Meanwhile, anyone applying for permanent residence in Canada must submit:
- Police certificates from the country where they currently reside
- Police certificates for any country they have resided in for six consecutive months or longer, after they turned 18
These police certificates would provide details about your criminal history to immigration authorities.
Temporary residents such as foreign workers and students also need to disclose criminal history when applying to work or study in Canada. Applicants from specific countries may be required to provide police certificates at the time of submission. Others may receive requests for supporting documents (e.g., police certificates) during processing.
All in all, if you have any arrests, charges or convictions on your criminal record, you should disclose your criminal history to avoid severe consequences of misrepresentation.
Can a permanent resident be deemed criminally inadmissible?
If someone is already a permanent resident of Canada, they could still be deemed inadmissible, provided their offence(s) qualify as “serious criminality.”
While a foreign national can be deemed inadmissible on grounds of both criminality and serious criminality, a permanent resident can only be deemed inadmissible and removed from the country in cases of serious criminality.
For example, if a permanent resident commits theft over $5,000 CAD or drives under the influence (after December 2018), these serious offences could jeopardize their status in Canada.
How can I find out whether an offence outside Canada is a criminal offence in Canada?
To determine whether an offence committed outside Canada would be considered an offence in Canada, you would start by comparing the laws of the foreign country with federal laws in Canada, focusing mostly on the Criminal Code.
If you lack the expertise to interpret foreign and Canadian laws, you may wish to consult an immigration lawyer for assistance.
Can someone who is inadmissible enter or immigrate to Canada?
If you wish to enter or live in Canada and have a criminal record, you must first overcome criminal inadmissibility.
Your options are:
Applying for a temporary resident permit
If you are inadmissible on grounds of criminality, you must apply for a temporary resident permit (TRP) to grant you temporary and exceptional access to Canada.
To be issued a TRP, you must prove that you have a valid reason to enter Canada. You must show that your need to enter or stay in Canada outweighs the risk to Canadian society.
Temporary resident permits are usually issued for the length of the visit to Canada, but can be issued for a maximum period of up to three years. There is no guarantee that you will be issued a TRP.
Checking eligibility for deemed rehabilitation
Despite having a criminal past, you may be considered rehabilitated if immigration authorities are satisfied that you no longer pose a threat to the country.
You may be considered “deemed rehabilitated” based on several factors:
- The number and types of offences committed. Typically, you are only eligible for deemed rehabilitation if you have a single conviction on your record. Multiple convictions may disqualify you from deemed rehabilitation, unless they are all summary convictions.
- The severity of the offence committed. Deemed rehabilitation is not available for serious criminality. Only non-serious offences qualify.
- The amount of time since sentence completion. You must wait until 10 years after completing your sentence (including any probation) for an indictable offence. You only need to wait until 5 years after your last summary conviction, if you only have summary convictions on your record.
- No further criminal activity. To qualify for deemed rehabilitation, you cannot commit any further offences after serving and completing your sentence.
You do not need to apply for deemed rehabilitation. If you meet the criteria, you become “deemed rehabilitated” automatically and would no longer be considered criminally inadmissible to Canada.
Since the criteria are complex, you may wish to verify your eligibility with an immigration lawyer before trying to enter Canada. You may also obtain a legal opinion letter explaining that you are deemed rehabilitated, to avoid being turned away at the border.
Applying for criminal rehabilitation
If you are inadmissible to Canada on grounds of serious criminality, or if you have been convicted of multiple indictable offences, you cannot qualify for deemed rehabilitation, no matter how much time has passed. In this case, you must apply for criminal rehabilitation.
You can only apply for criminal rehabilitation if at least 5 years have passed since you served and completed all elements of your last sentence.
IRCC does not share processing times for criminal rehabilitation – but applications can take over a year to process. Once your criminal rehabilitation application has been approved, you will no longer be considered inadmissible to Canada. Criminal rehabilitation serves as a permanent waiver for you to enter Canada, if you have no further criminal activity.
Applying for a legal opinion letter
A Canadian immigration lawyer can write you a letter detailing how your foreign offence equates to Canadian law, and summarizing whether or not you are criminally inadmissible for immigration purposes.
You may benefit from a legal opinion letter if you want to confirm that you are not criminally inadmissible (despite your criminal record), or if you want to understand the immigration consequences of any pending charges or convictions.
Can someone be inadmissible for reasons other than criminality?
You can be inadmissible for other reasons, including:
- Concerns of national security;
- Human or international rights violations;
- Sanctions;
- Financial reasons;
- Medical reasons; or
- Misrepresentation.
Misrepresentation generally results in a five-year ban on entry—so it is very important to be completely honest in all interactions with Canadian immigration authorities, including your applications and your interactions with border officials.
