Can You Enter Canada With a Criminal Record? What You Need to Know

If you have a criminal record, whether from your home country or elsewhere, it could pose a significant barrier to entering Canada. The country has strict rules on criminal inadmissibility, and even a past conviction, no matter how long ago, can result in denial of entry. However, Canada offers pathways for individuals to overcome these restrictions, depending on the nature of the crime, the time that has passed since the offence, and the individual’s personal history.

This article provides an in-depth look at how Canada assesses criminal inadmissibility, the classification of offences, and how you can potentially overcome these barriers to entry.

Understanding Criminal Inadmissibility in Canada

Canada’s immigration laws dictate that any non-citizen who has a criminal history may be considered criminally inadmissible. This means that past criminal convictions, even if they occurred outside of Canada, could prevent you from entering the country. Criminal inadmissibility can result from:

• Committing a crime, whether or not charges were laid or a conviction was obtained
• Having pending criminal charges
• Being convicted of an offence, regardless of where it occurred

For you to be deemed criminally inadmissible, the crime must have been a violation in the jurisdiction where it occurred and must match a crime under Canadian law. The severity of the crime, as well as how long ago it was committed, play key roles in determining whether you are inadmissible.

Severity of Offences: Criminality vs. Serious Criminality

In Canada, crimes are categorized based on their severity. Understanding these classifications can help you determine the likelihood of being deemed inadmissible.

Non-Serious Offences (Criminality)

These are less severe crimes, and individuals convicted of such offences may be considered criminally inadmissible. Non-serious criminality can apply if you have:

• Been convicted in Canada of a crime punishable by indictment (serious crimes like violent crimes, major fraud, etc.)
• Committed an offence outside Canada that is comparable to a crime in Canada punishable by indictment
• Committed an act that would be considered a serious crime in Canada, even if it was not a crime in the place where it occurred

Examples of non-serious offences (punishable by summary conviction) include vandalism, petty theft, or loitering. These offences are typically considered less severe but can still lead to inadmissibility if you have multiple convictions.

Serious Offences (Serious Criminality)

Serious criminality applies to more severe crimes. You may be considered inadmissible to Canada for serious criminality if you have:

• Been convicted of a crime in Canada that carries a sentence of at least 10 years or resulted in a sentence of more than six months in jail
• Been convicted of an offence outside Canada that would carry a 10-year sentence in Canada
• Committed an act outside Canada that would be punishable by at least a 10-year sentence if committed in Canada

Serious offences include aggravated assault, kidnapping, large-scale fraud, and driving under the influence (DUI). Importantly, DUI charges were once treated as non-serious but were classified as serious after December 18, 2018.

Pathways to Overcoming Criminal Inadmissibility

If you are deemed criminally inadmissible to Canada, there are options available to potentially overcome this barrier. These options depend on the nature of the offence, the time elapsed since your sentence, and the specific circumstances of your case.

1. Temporary Resident Permit (TRP)

A Temporary Resident Permit allows individuals who are inadmissible to Canada to enter the country temporarily under special circumstances. To be approved for a TRP, you must demonstrate that you have a compelling reason for needing to enter Canada and that you do not pose a risk to Canadian society.

Examples of compelling reasons include attending a business conference, visiting a seriously ill relative, or handling an emergency situation. TRPs can be issued for periods ranging from one day to three years, and in some cases, you may be able to extend the permit from within Canada.

The application process requires submitting supporting documentation, and there is a non-refundable processing fee of $239.75. You can apply for a TRP either at a Canadian consulate or at a Canadian border if you meet specific eligibility criteria.

2. Deemed Rehabilitation

If enough time has passed since you completed all aspects of your sentence (including probation, fines, or jail time), you may be considered “deemed rehabilitated.” This applies automatically for minor offences if sufficient time has passed without any further criminal activity.

For summary offences (less severe crimes), you must wait five years after completing your sentence. For indictable offences (serious crimes), you must wait ten years. Deemed rehabilitation applies only to non-serious criminality and requires that you have no further criminal convictions during the waiting period.

3. Criminal Rehabilitation

If more than five years have passed since you completed your sentence for a criminal offence, you may apply for criminal rehabilitation. This process involves a formal application that proves you are living a stable life and are unlikely to re-offend.

Criminal rehabilitation is a permanent solution to criminal inadmissibility and can remove the grounds of inadmissibility for good. However, the process can take up to a year, and the fees vary depending on whether your offence is classified as serious or non-serious.

For non-serious offences, the fee is $239.75; for serious criminality, it is $1,199.

Common Offences Leading to Inadmissibility

Certain criminal offences can make you inadmissible to Canada. Below are examples of both non-serious and serious offences:

Non-Serious Offences:

• Petty theft
• Loitering
• Disorderly conduct
• Trespassing
• Vandalism

Serious Offences:

• DUI (driving under the influence)
• Aggravated assault
• Kidnapping
• Drug trafficking
• Major theft and fraud

Consequences of Criminal Inadmissibility

If you are found criminally inadmissible, you may face denial of entry into Canada. For those already in the country, serious offences may result in deportation, and once deported, you will need an Authorization to Return to Canada (ARC) to return.

Repeated attempts to enter Canada while inadmissible may result in an exclusion order, barring you from re-entering for one year. If you attempt to enter before the exclusion period ends, you will need an ARC.

Additionally, if you provide false information regarding your criminal record, you could face a ban from entering Canada for up to five years.

Applying for a TRP or Criminal Rehabilitation

When applying for a TRP or criminal rehabilitation, you should carefully consider where to submit your application based on your travel plans. For those entering Canada by land, you may apply for a TRP at the border. For air travel, applications for a TRP should be made in advance at a Canadian consulate.

To ensure the best chance of approval, seeking a legal opinion letter from an immigration lawyer can be beneficial. This letter can provide valuable insights into your case, making it easier to navigate the process.

Conclusion

Entering Canada with a criminal record can be challenging, but there are pathways available to overcome criminal inadmissibility. Whether through a Temporary Resident Permit, deemed rehabilitation, or criminal rehabilitation, individuals with past convictions may still be able to enter Canada. Understanding the severity of the offence, the time that has passed, and the specifics of your case are essential when exploring these options. If you’re unsure of your status, it’s advisable to consult with an immigration lawyer to guide you through the process.

For a consultation about Immigration options, reach out to the CAD IMMIGRATION today!