Visiting Canada this summer if you have a criminal record

author avatar
Daniel Levy
Published: March 24, 2023

Individuals who have a criminal record may be at risk of being found criminally inadmissible to Canada—something which can deny them a visitor visa and entry into the country.

However, those with a criminal record needn’t lose hope, as the government of Canada offers a few pathways to overcome criminal inadmissibility.

Schedule a Free Legal Consultation with the Cohen Immigration Law Firm

Temporary Resident Permit

A Temporary Resident Permit (TRP) is a short-term solution for those with a criminal history who wish to visit Canada. Eligibility for a TRP is based on an applicant’s ability to demonstrate to Immigration Refugees and Citizenship Canada (IRCC) that the benefit of their trip outweighs the risks.

TRPs are a pathway available to those seeking to temporary come to Canada. The process for approval is often faster than applying for criminal rehabilitation (more on this later). Many applicants choose to apply for a TRP and criminal rehabilitation simultaneously.

Criminal Rehabilitation

Criminal rehabilitation is a permanent solution to inadmissibility. If Canada approves an application for criminal rehabilitation, the applicant’s criminal record will no longer be a hinderance to entering Canada—as long as they do not commit another crime.

At least five years must have passed from the completion of a visitor’s most recent sentence, before they are eligible to apply for rehabilitation.

The processing fee that someone pays for their criminal rehabilitation depends on the severity of the crime committed. Fees can range from $200 CAD (for cases of non-serious criminality) to $1000 CAD for cases of serious criminality.

Deemed Rehabilitation

Visitors to Canada with a criminal record can also be deemed rehabilitated. If more than 10 years have passed since a visitor was convicted of a non-serious crime (and no other crime was committed in that time), they may be deemed rehabilitated.

Importantly this is not a process that one applies for, but an automatic process that takes place at the discretion of a Canadian Border Services Agency (CBSA) officer.

It is encouraged to confirm one’s deemed rehabilitation before travelling, as visitors can be turned away at the border to the discretion of a CBSA officer. For this reason, many people choose to consult with an immigration lawyer before their trip, to support their travel and gain peace of mind—for example, a lawyer may be able to write a legal opinion letter to avoid unnecessary misunderstandings between visitors and CBSA officers.

Legal Opinion Letter

Legal Opinion Letters can be drafted by a Canadian immigration lawyer and includes details regarding a visitors charge and the lawyer’s legal analysis of the situation. This kind of letter explains the legal matter, identifies risks and cites relevant Canadian law—ultimately explaining why a visitor should be deemed admissible to Canada.

Legal Opinion Letters can also be used to support applications for a TRP or Rehabilitation application.

Although Canada maintains strict rules regarding criminality, there are important reasons to promote tourism. According to Statistics Canada, in just the third quarter of 2022, tourism added $19.5 billion CAD to the Canadian economy, additionally generating 463,000 new jobs in the industry during that time.

Understanding your options to overcome criminal inadmissibility can help ensure a smooth journey and entry to Canada.

Schedule a Free Legal Consultation with the Cohen Immigration Law Firm

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
Canada invites 250 senior managers to apply for permanent residence
The national flag of Canada with a mountain and forest visible in the back, in Jasper National Park.
Canada releases data on Express Entry candidate scores
A crowd of people walking on the street.
Canada invites 2,000 skilled workers to apply for permanent residence through Express Entry
A hand holding up a Canadian flag against a blue sky.
Canada selects 576 provincial nominees to apply for permanent residence
Aerial view of the Toronto skyline and Lake Ontario.
Top Stories
British Columbia selects 714 cream-of-the-crop workers for provincial immigration
1867 is not a cut-off year for your Canadian citizenship by descent claim
New Brunswick selects 678 in-demand workers for provincial immigration
Join our free newsletter. Get Canada's top immigration stories delivered to your inbox.
Subscribe
More in Provinces
British Columbia selects 714 cream-of-the-crop workers for provincial immigration
The Kelowna British Columbia skyline and Okanagan Lake with the R W Bennett Bridge in the background, from Knox Mountain at sunset.
New Brunswick selects 678 in-demand workers for provincial immigration
Reversing Falls bridge in Saint John, NB, Canada, seen from Wolastoq Park.
Manitoba invites 417 STEM workers to apply for provincial nomination for permanent residence
Dawn view of the intersection of Carlton Street and Portage Avenue, in Winnipeg, Manitoba.
British Columbia invites entrepreneurs to pursue provincial nomination
The Center of City at the Waterfront of Fraser River in Westminster, British Columbia.
Link copied to clipboard