How to Move to Canada with a Criminal Record?
Move to Canada with a Criminal record
A prior criminal record—even from a foreign country and regardless of how much time has passed—can prevent you from entering Canada.
Under Canadian immigration law, any non-citizen may be refused entry due to criminal inadmissibility.
If you meet certain criteria, there may be ways to overcome inadmissibility, depending on factors such as the severity of the crime and the time elapsed since completing your sentence.
This Guide Covers:
What are the Programs through which you can apply for Canada?
How Canadian immigration assesses criminal inadmissibility
Classification of offenses based on severity
Available options for overcoming criminal inadmissibility
Potential consequences of being deemed inadmissible
Types of crimes that can result in inadmissibility
What are the Programs through which you can apply for Canada?
A person with a criminal record who wants to move to Canada may face inadmissibility issues, but there are legal ways to overcome them. Here are the main programs and options available:
1. Temporary Resident Permit (TRP)
Allows entry into Canada for a specific period despite criminal inadmissibility.
Requires a valid reason for travel (e.g., work, family, or humanitarian reasons).
It can be issued for up to three years and renewed if necessary.
The application can be submitted online or at a Canadian consulate.
2. Criminal Rehabilitation
A permanent solution that removes inadmissibility based on past criminal offenses.
Applicants must prove they have been rehabilitated and are not likely to re-offend.
At least five years must have passed since the completion of all sentences, including fines and probation.
Once approved, the individual is no longer considered criminally inadmissible.
3. Deemed Rehabilitation
This applies automatically if enough time has passed since the completion of the sentence.
Generally available 10 years after completing all penalties for indictable offenses and 5 years for summary offenses.
No formal application is required, but documentation proving rehabilitation may be helpful at the border.
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4. Authorization to Return to Canada (ARC)
Required if the individual has been deported or removed from Canada due to criminal inadmissibility.
Applicants must prove they have reformed and that their return to Canada is justified.
5. Humanitarian and Compassionate (H&C) Consideration
A special immigration pathway for individuals facing exceptional hardship.
Criminal record holders may be considered if they can prove strong ties to Canada and that refusing entry would cause undue hardship.
6. Refugee or Asylum Claims
If an individual with a criminal record faces persecution in their home country, they may seek asylum in Canada.
However, serious criminal offenses (e.g., violent crimes, terrorism) may disqualify an applicant from refugee protection.
How Canada Determines Criminal Inadmissibility
If you are not a Canadian citizen, you could be labeled criminally inadmissible, meaning you are barred from entering Canada due to your past criminal record.
To be considered criminally inadmissible, the offense must:
Be classified as a crime in the country where it occurred.
Have an equivalent offense under Canadian law.
A person can be found inadmissible for:
Committing an offense, even if never charged or convicted.
Being charged with an offense, regardless of whether prosecution followed.
Having pending charges.
Being convicted of a criminal act.
Your level of inadmissibility depends on whether your crime falls under criminality (less severe offenses) or serious criminality (more severe offenses), as defined by Canadian law.
Criminality: Non-Serious Offences
You may be considered inadmissible for criminality if:
You were convicted of an indictable offense in Canada or two separate offenses not arising from the same incident.
You were convicted outside Canada for a crime that would be punishable by indictment under Canadian law.
You committed an act outside Canada that is a crime in that location and would be an indictable offense in Canada.
Indictable offenses are serious crimes such as major theft, fraud, or violent offenses. Summary convictions, on the other hand, are less severe crimes, like vandalism or petty theft. Hybrid offenses, which can be prosecuted as either indictable or summary, are always treated as indictable for immigration purposes.
Serious Criminality: Major Offences
As a non-citizen, you may be deemed inadmissible for serious criminality if:
You were convicted in Canada of an offense punishable by at least 10 years or served a sentence of six months or more.
You were convicted outside Canada for a crime that would be punishable by at least 10 years under Canadian law.
You committed an act outside Canada that is both a crime in that country and would carry a maximum sentence of at least 10 years in Canada.
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Examples of serious offenses:
Aggravated assault
Kidnapping
Large-scale fraud
Driving Under the Influence (DUI) (as of December 18, 2018, DUIs are considered serious criminality)
Ways to Overcome Criminal Inadmissibility
If you are considered criminally inadmissible, there are three primary ways to enter Canada:
Temporary Resident Permit (TRP)
Criminal Rehabilitation
Deemed Rehabilitation
1. Applying for a Temporary Resident Permit (TRP)
A TRP allows you to enter Canada temporarily despite being inadmissible. To be approved, you must demonstrate a valid and compelling reason for entry and show that you do not pose a risk to Canadian society.
Common compelling reasons for a TRP:
Business meetings or conferences
Family events such as weddings or funerals
Visiting an ill or dying family member
Layovers while traveling through Canada
A TRP can be issued for one day to three years and may be single-entry or multiple-entry, at the discretion of the immigration officer. The application fee is $239.75, and TRPs may be revoked at any time.
2. Deemed Rehabilitation
If enough time has passed, you may be automatically deemed rehabilitated, meaning you are no longer considered inadmissible.
Eligibility for deemed rehabilitation:
10 years must pass after completing your sentence for indictable offenses.
5 years must pass for summary offenses.
You must not have reoffended.
3. Criminal Rehabilitation Application
A criminal rehabilitation application permanently removes inadmissibility. To qualify, at least five years must have passed since completing all aspects of your sentence.
Application fees:
$239.75 for non-serious criminality
$1,199 for serious criminality
Processing can take 6 to 12 months, so it is advisable to apply as early as possible.
Obtaining a Legal Opinion Letter
A legal opinion letter from an immigration lawyer can strengthen your case by providing a professional analysis of your criminal record in relation to Canadian law. While not a standalone solution, it can be useful when submitting a TRP or rehabilitation application.
Common Offences Leading to Inadmissibility
To determine whether you are inadmissible, compare your offense to the Criminal Code of Canada.
Non-Serious Offences:
Loitering
Disorderly conduct
Petty theft
Vandalism
Trespassing at night
Serious Offences:
DUI
Dangerous driving
Fraud over $5,000
Armed robbery
Drug trafficking
Consequences of Criminal Inadmissibility
If deemed inadmissible, the consequences may include:
Denial of entry, requiring travel plan changes.
Deportation, if already residing in Canada.
Exclusion order, barring re-entry for one year.
Five-year ban, if false information is provided.
Where to Apply for a TRP
Where and how you apply for a TRP depends on whether you need a visa or Electronic Travel Authorization (eTA).
Note: It is strongly recommended that you apply at a Canadian consulate in advance instead of relying on border processing.
If you are facing criminal inadmissibility, seeking professional legal advice can improve your chances of success in overcoming it.