Criminal Inadmissibility to Canada

A foreign national may be inadmissible to Canada on the grounds of criminality. This will either prevent entry to Canada as a visitor, student or worker or prevent an individual from obtaining permanent residence or maintaining their PR status.

Who is Considered Criminally Inadmissible?

You may be found inadmissible if:

Convictions Outside Canada

You have been convicted of an act outside Canada that, if committed in Canada, would be equivalent to an indictable offence punishable by less than 10 years;
You have two or more convictions that would equate to summary offences in Canada;
You have been convicted of an offence equivalent to a hybrid offence punishable by less than 10 years in Canada.

Convictions Inside Canada

You have been convicted in Canada of an indictable offence punishable by less than 10 years;
You have been convicted of two or more summary offences.

Exceptions – When Criminal Inadmissibility May Not Apply

Withdrawn, Dismissed Charges, or Discharges

Outside Canada: You may still be found inadmissible.
Inside Canada: You are not inadmissible.

Absolute or Conditional Discharges

Outside Canada: You may still be inadmissible.
Inside Canada: You are not inadmissible.

Record Suspension (Pardon)

Outside Canada: You may still be found inadmissible.
Inside Canada: You are not inadmissible if the pardon was granted under the Criminal Records Act.

If you believe you may be inadmissible, you must provide full details of all charges, convictions, court decisions, and relevant legal documentation. Even pardoned or dismissed offences outside Canada must be fully disclosed to allow an immigration officer to assess admissibility accurately.

Options to Overcome Criminal Inadmissibility

Depending on the offence, where it occurred, and how much time has passed, individuals may be eligible to apply for one of the following:

Temporary Resident Permit (TRP)
Criminal Rehabilitation (Individual or Deemed)
Record Suspension (Pardon) – for convictions in Canada

Temporary Resident Permit (TRP)

A Temporary Resident Permit allows an individual who is inadmissible to enter or remain in Canada for a limited period, where justified by compelling reasons. A TRP may be issued for as little as one day or up to three years.

Issuance of a TRP is at the discretion of Canadian immigration authorities and is based on the merit of your application, including a clear explanation of your situation and the reason for entry.

We can assist you in preparing a strong TRP application with detailed supporting documentation.

Learn more about applying for a Temporary Resident Permit.

Criminal Rehabilitation

Criminal Rehabilitation is a permanent solution that removes inadmissibility for past offences committed outside Canada.

Eligibility for Rehabilitation Depends On:

Type and seriousness of the offence
Time passed since the offence and completion of sentence
Demonstrated change in behaviour

You may apply for Criminal Rehabilitation if at least five years have passed since:

The conviction
Completion of your sentence (including probation, community service, and payment of fines)

Two Types of Rehabilitation

Deemed Rehabilitation
- Automatically applies when a significant period (typically 10 years) has passed since the completion of your sentence for less serious offences.
- No formal application is required but documentation must be presented to a Canadian immigration officer to confirm your eligibility.
Individual Rehabilitation
- Requires a formal application.
- You must show you are rehabilitated and unlikely to reoffend.
- At least five years must have passed since the offence and sentence completion.

Record Suspension (Pardon) – For Convictions in Canada

If your conviction occurred in Canada, you must apply for a Record Suspension through the Parole Board of Canada (PBC) before you are admissible again.

Once granted, a record suspension sets aside your criminal record for most purposes, and you will no longer be considered inadmissible for immigration purposes.