Criminally inadmissible to Canada? Options to consider before traveling

Having been charged or convicted of a crime can make you criminally inadmissible to Canada if you are not a Canadian citizen.

If you seek entry at a Canadian border when you are criminally inadmissible without having the appropriate documentation at hand, you risk being turned away by Canadian border authorities.

Prior to seeking entry into Canada, consider the options you have available to overcome your criminal inadmissibility.

Being prepared in advance can help avoid the disappointment and the many inconveniences you may face upon being denied entry, such as long waiting times and unexpected travel costs—not to mention the disruption of your travel plans.

In this article, we summarize relevant information from Canada’s Immigration and Refugee Protection Act¹ (IRPA), so that you can understand your available options for overcoming criminal inadmissibility to Canada.

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Option 1: Temporary Resident Permit (TRP)

A Temporary Resident Permit (TRP) allows a criminally inadmissible individual to enter Canada for a specific reason and period.

An individual who is inadmissible under the IRPA may request special permission to enter or remain in Canada by applying for a TRP if it is justified in the circumstances.

If granted, the TRP may be validated for one day to three years. It may be issued for a single entry or multiple entries, depending on the circumstances.

The TRP is always issued at the discretion of Canadian immigration authorities and may be cancelled at any time.

To obtain a TRP, you’ll need to convince immigration authorities that you have compelling reasons to enter Canada and that you will not pose any danger to Canadians.

You can submit your TRP application in person at the border.

That said, if your travel plans to Canada are not in the near future, you may want to consider submitting a TRP application online.

If your online application is successful, you can gain peace of mind and save time at the border. If your online application is refused, you avoid the troubles related to being refused at a Canadian border.

Option 2: Criminal Rehabilitation

If at least five years have elapsed from the time you’ve completed all aspects of your sentence (e.g., probation completion, jail time served, fines paid, completion of community service hours, etc.), you can become eligible to submit a criminal rehabilitation application to Canadian immigration authorities.

Criminal rehabilitation allows you to remove your grounds of criminal inadmissibility permanently. To do so, you must prove and convince immigration authorities that you lead a stable lifestyle and are unlikely to re-offend.

Once you’ve been granted criminal rehabilitation, the offense or offenses you’ve been rehabilitated for can no longer hinder your application for a Canadian visa―unless, of course, you commit a subsequent offense.

If you’re eligible to submit a criminal rehabilitation application, you should consider applying promptly, as processing times can be lengthy.

That said, if you’ve applied for criminal rehabilitation but have not received a final decision in time for your Canadian travel plans, you may be able to simultaneously apply for TRP if it is justified in the circumstances.

Applying for a TRP while already having a criminal rehabilitation application submitted may give immigration authorities the right impression that you have already taken the necessary steps to overcome your criminal inadmissibility on a long-term basis.

Option 3: Deemed Rehabilitation

If more than ten years have passed since you’ve completed all aspects of your sentence, you may also be “deemed rehabilitated”.

You may only be deemed rehabilitated if you meet the requirements set out in section 18 of the Immigration and Refugee Protection Regulations,² namely if you were convicted outside of Canada of no more than one offense that if committed in Canada at that time, would have constituted an indictable offense punishable by a maximum term of imprisonment of less than ten years.

Further, once more than five years have passed since you’ve completed all aspects of your sentences, you may also become “deemed rehabilitated” if you were convicted of two or more offenses, that if committed in Canada at that time, would have constituted offenses punishable by summary conviction.

Although being deemed rehabilitated means that you are no longer inadmissible to enter Canada, you may still want to consider presenting a legal opinion letter drafted by an immigration attorney with supporting documentation when arriving at a Canadian border.

Presenting this letter to border authorities can help clarify your admissibility to Canada, regardless of your criminal record, and may help avoid disruption of your travel plans.

¹ Immigration and Refugee Protection Act (S.C. 2001, c. 27). 

² Immigration and Refugee Protection Regulations (SOR/2002-227) 

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