Criminal Inadmissibility

Under Canadian immigration law, if you have committed or been convicted of a crime, you may be denied entry into Canada. In other words, you may be “criminally inadmissible.” This includes both minor and serious offenses, such as: theft, assault, dangerous driving, driving while under the influence of drugs or alcohol, and possession of or trafficking in drugs or controlled substances.

So, what can you do? Depending on the offense, you may be allowed to enter Canada, if you:

  • convince an immigration officer that you meet the legal terms to be deemed rehabilitated, or

  • applied for rehabilitation and were approved, or

  • were granted a record suspension or

  • have a temporary resident permit.

Deemed Rehabilitation

Under Canadian immigration law, deemed rehabilitation means that sufficient time has passed since you were convicted and that conviction no longer bars you from entering Canada.

You may be deemed rehabilitated depending on:

  • the severity of the offense (criminality vs serious criminality),

  • if  enough time has passed since successfully serving your sentence, and

  • if you committed more than one crime.

Self-assessment for deemed rehabilitation

You are eligible to apply for deemed rehabilitation at a port of entry if:

  • you only have one conviction in total or committed only one crime,

  • at least ten years have passed since you completed your sentences (payment of all fees, jail time completed, restitution paid, etc.), and

  • the crime committed is not considered “serious criminality” in Canada

A request for deemed rehabilitation is not guaranteed to be approved.

If you are deemed rehabilitated, you will be allowed to enter Canada if you meet the other requirements. If not, you are still criminally inadmissible and you will not be allowed into Canada.

If you are not deemed rehabilitated, you will have to apply for individual rehabilitation.

Being assessed by a visa office

Before traveling to Canada, it is in your best interest to first be assessed by the Canadian Embassy, High Commission or Consulate responsible for your area. This will help ensure you do not travel to Canada only to be refused entry or be subject to other enforcement actions.

To be assessed, fill out an application for Rehabilitation but in Section A, check the box “for information only.”

Mail your application to the Canadian visa office responsible for your area.

Being assessed at a Canadian Port of Entry

If you live in the U.S., you may travel to a Canadian Port of Entry and ask to be assessed. You must bring all documents related to your criminal history in support of your claim. An immigration officer at the port of entry will review your documents to determine if you can be deemed rehabilitated and allowed to enter Canada.

If you are not deemed rehabilitated, you will have to apply for individual rehabilitation at a visa office. If you are not sure you will be deemed rehabilitated at the point of entry, or if you need a visa to enter Canada, you should apply for individual rehabilitation.

Assessment of deemed rehabilitation at a port of entry is a completely different process from applying for rehabilitation at a visa office. Visit the website of the office where you will be submitting your application for a list of requirements.

Note: if you do not want to risk being denied entry to Canada or subject to other enforcement actions, you should apply according to the visa office’s instructions before approaching the port of entry.

Application for Criminal Rehabilitation

If you have a past criminal conviction, you may be eligible to submit an Application for Criminal Rehabilitation. To apply, you must:

  • show that you meet the criteria,

  • have been rehabilitated and

  • can show that you are unlikely to take part in future criminal activity.

Also, at least five years must have passed since:

  • the end of your criminal sentence (this includes probation, payment of all fees, and completion of all court mandated rehabilitation programs.)

If you are applying for criminal rehabilitation along with your temporary resident (visitor visa, study permit or work permit) application, you may submit everything together and apply at the nearest Visa Application Centre.

If you are a foreign national who needs an Electronic Travel Authorization (eTA), you must submit a separate application for criminal rehabilitation before you apply for your eTA. Once you receive confirmation of your rehabilitation, you may apply for an eTA. If you apply for your eTA before you receive your rehabilitation, your application will be assessed based on the information currently available, and may result in the refusal of your application.

Temporary Resident Permit (TRP)

A temporary resident permit allows you to enter or stay in Canada if:

  • it has been less than five years since the end of your sentence or

  • you have valid reasons to be in Canada.

If you have a valid reason to travel to Canada, but you are inadmissible, you may be approved for a temporary resident permit. An immigration or border services officer will decide if your need to enter or stay in Canada outweighs the health or safety risks to the Canadian public.

Even if the reason you are inadmissible seems minor, you must show that your visit is valid.

Authorization to Return to Canada (ARC)

If you have been the subject of a removal order from Canada you will likely need to apply for an Authorization to Return to Canada (ARC). Whether you need one depends on the type of removal order that was issued. There are three types of removal orders: Departure Order, Exclusion Order, Deportation Order.

Look at the document you received from Canadian Border Services Agency (CBSA) before you left Canada. The form number will tell you the type of removal order.

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