Can you return to Canada after committing a crime in Canada?

Daniel Levy
Published: June 20, 2022

People who commit crimes outside Canada become criminally inadmissible as soon as the charge is laid, but this is not the case for offences committed within Canada.

You only become inadmissible for a crime committed in Canada when an actual conviction takes place and not before. This is thanks to phrasing in the Immigration and Refugee Protection Act which makes the distinction between "committing an act" that constitutes an offense and a conviction for an offense.

When someone receives a charge outside Canada for committing an act that constitutes an offence, they may become immediately inadmissible.

While a charge is pending you can still travel to Canada, but if convicted then you may not be able to. Fortunately, there are options for people to overcome criminal inadmissibility.

Schedule a Free Legal Consultation with the Cohen Immigration Law Firm

How to overcome inadmissibility permanently

Although criminal rehabilitation is the application to pursue to resolve inadmissibility for an offence committed outside Canada, a different procedure must be followed when the crime takes place in Canada.

In this case, candidates can apply for a record suspension, a process comparable to criminal rehabilitation as the focus of the application is similar.

In both applications, officials look for how the individual has bettered themselves since the offence. The officials must be convinced the individual is unlikely to re-offend. The eligibility period differs slightly, however, as one may apply for a record suspension five years after completing the sentence for a summary conviction offence, or 10 years after completing the sentence for an indictable offence.

This distinction does not exist with regard to criminal rehabilitation. In all cases, the individual is eligible to apply five years after completion of the sentence.

How to overcome inadmissibility temporarily

A Temporary Resident Permit (TRP) is available to regardless of whether the offence took place inside or outside of Canada. TRPs allow you to stay or return to Canada before you become eligible for a record suspension.

TRPs are issued for the length of the stay in Canada (up to three years) and may be extended from inside Canada.

In order to get a TRP, you need to demonstrate to the Canadian government that the reason for your stay outweighs the risks of allowing you to stay. An experienced Canadian immigration lawyer can help you put forth a compelling application for a TRP.

Schedule a Free Legal Consultation with the Cohen Immigration Law Firm

© CIC News All Rights Reserved. Discover your Canadian immigration options at CanadaVisa.com.

Share this article
Share your voice
Did you find this article helpful?
Thank you for your feedback.
Subscribe to our newsletter
Did you find this article helpful?
Please provide a response
Thank you for your helpful feedback
Please contact us if you would like to share additional feedback, have a question, or would like Canadian immigration assistance.
  • Do you need Canadian immigration assistance? Contact the Contact Cohen Immigration Law firm by completing our form
  • Send us your feedback or your non-legal assistance questions by emailing us at media@canadavisa.com
Related articles
10 frequently asked questions by visitors to Canada
View of Skylon Tower and abandond Ontario Power Comany Generating Station at river level seeing from a boat tour
Comparing rental costs across Canada
A for rent sign infront of a small house
What can newcomers expect from Budget 2024?
Budget 2024 will contain several new initiatives to help with housing affordability in Canada.
Immigration Minister declares intention to have more in-Canada immigration draws
A woman in a field, with a Canadian flag wrapped around them.
Top Stories
How an ECA can help you immigrate to Canada
British Columbia and Prince Edward Island issue PNP nominations this week
Budget 2024: How Canada is continuing its commitment to safe and inclusive communities
Join our free newsletter. Get Canada's top immigration stories delivered to your inbox.
Subscribe
More in Canada
Budget 2024: How Canada is continuing its commitment to safe and inclusive communities
A Family out boating together having fun on vacation
Budget 2024: How will it impact Canadian immigration?
Canada has released Budget 2024.
Comparing rental costs across Canada
A for rent sign infront of a small house
What can newcomers expect from Budget 2024?
Budget 2024 will contain several new initiatives to help with housing affordability in Canada.
Link copied to clipboard