Individuals with a criminal record may be deemed inadmissible to Canada and denied entry or a visa. However, there are legal ways to overcome criminal inadmissibility and gain access to Canada.
1. Understand Criminal Inadmissibility
Canada considers a person criminally inadmissible if they have:
Convictions in any country that equate to a criminal offense under Canadian law
Serious criminal offenses (e.g., assault, fraud, drug offenses, DUI)
Multiple convictions, even if minor
DUI (Driving Under the Influence) is one of the most common reasons for inadmissibility.
2. Ways to Overcome Criminal Inadmissibility
A. Temporary Resident Permit (TRP) – For Short-Term Entry
A Temporary Resident Permit (TRP) allows an inadmissible person to enter Canada for a specific reason (e.g., work, study, family visit).
Key Requirements:
A valid reason for entering Canada (work, family, humanitarian)
The need to visit must outweigh the risk to Canadian society
Application Process:
Apply at a Canadian visa office or at the border (for urgent travel)
Provide supporting documents, including court records and proof of rehabilitation
If approved, the TRP is granted for up to 3 years but can be revoked
B. Criminal Rehabilitation – For Permanent Clearance
Criminal Rehabilitation is a permanent solution that removes inadmissibility.
Eligibility:
At least 5 years must have passed since the completion of the sentence (including fines, probation)
The crime must be non-serious under Canadian law
Application Process:
Submit a Criminal Rehabilitation application to IRCC
Include police certificates, court records, and evidence of rehabilitation (employment, community service)
Processing can take 6–12 months
Once approved, the applicant is no longer inadmissible
C. Deemed Rehabilitation – Automatic Clearance
Some people may be deemed rehabilitated after 10 years if they have a single, non-serious conviction.
Eligibility:
The offense is punishable by less than 10 years under Canadian law
No additional convictions
Example: A single DUI offense before 2018 may be eligible for deemed rehabilitation. However, DUI laws changed in 2018, making it a serious crime, requiring Criminal Rehabilitation.
D. Record Suspension (Pardon) – For Canadian Convictions
If the crime was committed inside Canada, the person can apply for a record suspension (pardon) from the Parole Board of Canada.
Eligibility:
At least 5–10 years must have passed since completing the sentence
No further criminal activity
A record suspension removes the conviction from public records, making the person admissible to Canada.
3. Seek Legal Help
Overcoming criminal inadmissibility can be complex. Consulting an immigration lawyer or a regulated immigration consultant can increase the chances of approval.