Navigating Inadmissibility to Canada

Canada warmly welcomes millions of tourists, immigrants, foreign workers, visitors, and students annually. However, it is crucial to be aware that a previous criminal record could lead to inadmissibility.

Determining your eligibility to enter Canada is based on how the foreign criminal offense aligns with Canadian law. If the crime is considered a summary offense or less severe, you may still be admissible without requiring additional permissions.

On the other hand, if the offense is deemed more serious, such as an indictment or having two non-indictable offenses on record, entry into Canada may be denied due to inadmissibility.

Common convictions that can lead to inadmissibility include impaired driving, reckless driving, fraud, assault, and drug offenses.

• Overcoming Inadmissibility:

If you find yourself likely to be inadmissible to Canada, there are two primary avenues to potentially overcome this issue: Temporary Resident Permits (TRP) and Criminal Rehabilitation applications.

• Temporary Resident Permit (TRP) Application:

A TRP grants legal entry to Canada for a specific duration, unrelated to the completion of a sentence, and can be valid for up to three years, depending on the purpose of entry. Extensions can be requested from within Canada.

• You should consider applying for a TRP if:

  1. You have been convicted outside of Canada of a crime that would be considered an indictable offense in Canada, punishable by a sentence of less than 10 years.
  2. You have been convicted outside of Canada of a crime that would be equivalent to a hybrid offense in Canada, punishable by a sentence of less than 10 years. Hybrid offenses can be prosecuted either by summary process or by indictment in Canada.
  3. You have been convicted of two or more crimes that would be equivalent to two summary offenses if committed in Canada.

• Criminal Rehabilitation Application:

For a more permanent resolution of a past offense, you can apply for Criminal Rehabilitation. If approved, you will no longer need a TRP for future visits to Canada. To be eligible, certain conditions must be met:

  1. You must have committed an act outside of Canada that would be an offense under the Canadian Criminal Code.
  2. You must have been convicted of, or admitted to, committing the act.
 3. At least five years must have passed since the completion of the full sentence or sentences, including jail time, fines, and probation.

• Types of Criminal Rehabilitation:

There are two forms of Criminal Rehabilitation to address inadmissibility:

  1. Individual Rehabilitation: Most suitable if five years have elapsed since completing a sentence for a less serious offense. You must demonstrate rehabilitation over time and show that you no longer pose a risk for criminal activities. This can be achieved by presenting evidence of a stable lifestyle, community ties, social and vocational skills, or proving that the criminal offense was an isolated event.

  2. Deemed Rehabilitation: Applicable to individuals convicted of an indictable offense punishable by a sentence of less than ten years, provided the following requirements are met:

• Ten years have passed since completing the prison term sentence.
• No convictions of any indictable or summary offenses in Canada in the last ten years or more than one summary conviction in the previous ten years.
• No convictions outside Canada of an offense in the last ten years that, if committed in Canada, would constitute an indictable offense or more than one summary conviction in the previous ten years.

Both types of criminal rehabilitation applications can take 6-12 months to process and may cost between $200-$1000, depending on the severity of the offense. Planning well in advance is advisable.

• Legal Opinion Letter:

When applying for a TRP or criminal rehabilitation, a Legal Opinion Letter from a Canadian immigration lawyer can be beneficial. The letter addresses how the crime aligns with Canadian law and its implications on Canadian immigration. This information assists immigration officers in determining the appropriate response to the charges and its impact on your eligibility to enter Canada.