You might be inadmissible on grounds of criminality for committing or having been convicted of an indictable crime or two offences not arising out of a single occurrence or committing a crime upon entering Canada (in or outside of Canada). It is important to equate the crime to the Criminal Code of Canada, so you can determine whether or not it will render you inadmissible.

Examples of Criminality that can make you inadmissible to Canada: petty theft, disturbing the peace, public intoxication, traffic violations, assault and battery, DUI (including DWI, DWAI, reckless driving, etc.), drug trafficking and possession, manufacturing or cultivation, weapons violation, assault, probation violation and domestic violence, fraud, manslaughter, robbery, failure to appear, credit card fraud, resisting an officer (resisting arrest), vandalism, homicide, motor-vehicle theft, tax evasion, etc.

It is strongly recommended to get advice or representation from a professional.

Overcoming inadmissibility

Depending on the time when the crime occurred and how serious it was, there are several options:

Deemed rehabilitation

• at least ten years have passed since you completed all sentences (payment of all fees, jail time completed, restitution paid, etc.)
• you only had one conviction in total or committed only one crime
• the crime you committed is not considered a serious crime in Canada AND
• the crime did not involve any serious property damage, physical harm to any person, or any type of weapon.

If you live in the U.S. you may travel to a Canadian Port of Entry and ask to be assessed. You must bring all documents related to your criminal history in support of your claim of being rehabilitated. An immigration officer at the port of entry will review them to determine if you can be deemed rehabilitated and allowed to enter Canada.

If you are not deemed rehabilitated, you will have to apply for individual rehabilitation at a visa office. If you are not sure you will be deemed rehabilitated at the point of entry, or if you need a visa to enter Canada, you should apply for individual rehabilitation.

Criminal Rehabilitation

• at least 5 years have passed since you completed all sentences

Temporary Resident Permit

• it has been less than five years since the end of your sentence and you have valid reasons to be in Canada

Young offenders

Were you convicted as a juvenile? In Canada, a young offender is someone who is 12 years of age or older but less than 18 years of age.

You are not inadmissible if you:

• were convicted in Canada under the Young Offenders Act or the Youth Criminal Justice Act, unless you received an adult sentence
• were treated as a young offender in a country which has special provisions for young offenders, or
• were convicted in a country which does not have special provisions for young offenders, but the circumstances of your conviction are such that you would not have received an adult sentence in Canada.

You are inadmissible if you:

• were convicted in adult court in a country that has special provisions for young offenders, or
• were convicted in a country which does not have special provisions for young offenders, but the circumstances of your conviction are such that you would have been treated as an adult in Canada

Interested in coming to Canada but have a criminal record? We can help.