Understanding Criminal Inadmissibility and Entry to Canada

If you have a criminal record, you might wonder whether you can travel to Canada. The short answer is: it depends on the nature of your past offence and the steps you’ve taken since. Canadian immigration law has clear guidelines that determine who may be considered “criminally inadmissible” and what options exist for overcoming this status.

What is Criminal Inadmissibility?
Criminal inadmissibility means that, due to your past criminal history, you may be denied entry to Canada. This applies not only to convictions but also to charges, pending charges, or actions that are considered criminal under Canadian law—even if they occurred in another country. The key is that the offence must have an equivalent under Canadian criminal statutes.

Types of Offences and Their Impact
Canadian authorities assess criminality on a spectrum, ranging from less serious to serious offences. For example, a single minor offence (such as petty theft) generally won’t make you inadmissible. However, two or more minor offences—or a single serious offence, such as major fraud or aggravated assault—could lead to inadmissibility. Serious criminality often involves crimes punishable by a maximum sentence of at least 10 years under Canadian law.

Options to Overcome Criminal Inadmissibility
If you’re found criminally inadmissible, it’s not necessarily a permanent ban. You have three main options:

1. Temporary Resident Permit (TRP):
   A TRP allows you to enter Canada for a specific reason and time period, despite being inadmissible. You’ll need to show a compelling reason—like attending a family funeral or a business meeting—and prove that your presence poses no risk to public safety.
2. Deemed Rehabilitation:
   If a significant amount of time has passed since you completed your sentence (usually at least 10 years for serious offences and five years for less serious ones), you might be considered “deemed rehabilitated.” This status applies automatically under certain conditions and eliminates the need for further permits or applications.
3. Criminal Rehabilitation:
   This process permanently removes your inadmissibility if you can demonstrate that you’ve reformed. You must wait at least five years after completing your sentence before applying, and you’ll need to provide evidence that you no longer pose a risk and have lived a stable, crime-free life.

Why a Legal Opinion Letter Helps
A legal opinion letter from an immigration lawyer can strengthen your case. It outlines the equivalency of your offence under Canadian law, highlights the steps you’ve taken since, and supports your application for rehabilitation or a TRP. While it doesn’t guarantee entry, it shows immigration officers that you’re serious about resolving your inadmissibility.

Final Thoughts
Having a criminal record doesn’t always mean you’re barred from Canada. Understanding the laws, knowing your options, and preparing a strong application can help you move forward. If you think you may be inadmissible, it’s wise to seek professional advice to improve your chances of success.