Criminal inadmissibility is a significant barrier to entering or immigrating to Canada. Individuals with a criminal record may be denied a visitor visa, study permit, work permit, or permanent residence. However, there are legal options to overcome inadmissibility.
1. What Is Criminal Inadmissibility?
A person is considered criminally inadmissible if they have been convicted of an offense inside or outside Canada that is equivalent to a crime under Canadian law. This includes:
- Serious Criminality – Crimes punishable by 10 years or more in Canada (e.g., assault, drug trafficking, fraud).
- Criminality – Less serious offenses (e.g., theft, impaired driving).
- Organized Crime – Involvement in gangs or human smuggling.
2. How Criminal Inadmissibility Affects Your Application
Criminal inadmissibility can:
- Result in a visa refusal or denied entry at the border.
- Make it impossible to apply for permanent residence.
- Lead to deportation for those already in Canada.
Even minor offenses, such as a DUI (driving under the influence), can result in inadmissibility.
3. How to Overcome Criminal Inadmissibility
There are three main ways to resolve inadmissibility:
1. Temporary Resident Permit (TRP)
- Allows entry to Canada for a specific period despite criminal inadmissibility.
- Requires strong justification, such as work or family reasons.
- Usually issued for urgent travel needs.
2. Criminal Rehabilitation
- A permanent solution for inadmissibility.
- Eligibility: At least five years must have passed since completing the sentence (including fines and probation).
- If approved, the individual is no longer considered inadmissible.
3. Deemed Rehabilitation
- Applies if more than 10 years have passed since completing a single, non-serious offense.
- The crime must not have involved violence or a serious penalty under Canadian law.
4. How to Apply for Criminal Rehabilitation
Step 1: Obtain official documents, such as police certificates and court records.
Step 2: Complete the Application for Criminal Rehabilitation (IMM 1444).
Step 3: Pay the processing fee ($200 CAD for minor offenses, $1,000 CAD for serious criminality).
Step 4: Submit the application to the appropriate Immigration, Refugees and Citizenship Canada (IRCC) office.