Criminal Inadmissibility
The most common reason for inadmissibility to Canada is due to an individual’s past or current criminal offences.
Unlike the United States of America, Canada does not classify crimes as misdemeanors or felonies. A minor conviction in the United States can lead to being deemed inadmissible to Canada, which can create significant obstacles for those seeking to immigrate, visit or work in Canada.
Depending on your situation, the Canadian immigration system provides options to help people overcome criminal inadmissibility, allowing individuals who meet certain criteria to be granted entry into Canada with special permission.
What Does Criminal Inadmissibility Mean?
The Immigration and Refugee Protection Act Part 1, Division 4 Section 36 of the Act covers admissibility to the country on the grounds of criminality.
- Serious criminality
- 36 (1) A permanent resident or a foreign national is inadmissible on grounds of serious criminality for
- (b) having been convicted of an offence outside Canada that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years; or
- (c) committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years.
- Criminality
- (2) A foreign national is inadmissible on grounds of criminality for;
- (b) having been convicted outside Canada of an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, or of two offences not arising out of a single occurrence that, if committed in Canada, would constitute offences under an Act of Parliament; or
- (c) committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an indictable offence under an Act of Parliament.
In other words:
For serious criminality, a permanent resident or a foreign national is inadmissible if:
- You were convicted of a crime outside of Canada that would be punishable by 10+ years in prison under Canadian law; OR
- You committed an act outside of Canada that was illegal where the act took place and would be punishable by 10+ years in prison under Canadian law
For general criminality, a foreign national can be deemed inadmissible if:
- You were convicted of a crime outside of Canada that would be an indictable offence under Canadian law OR of two separate offences that are punishable in Canada; OR
- You committed an act outside Canada that was illegal in that country and if it was in Canada, would be an indictable offence.
What Are Canada’s Three Classes of Offences?
Summary Offence
This is similar to what a misdemeanor is in the United States. A summary offence is a less serious offence compared to an indictable offence. Summary offences are usually punished with fines, and/or community service and/or short-term jail time with a maximum jail time of two (2) years.
Some examples of summary offences include:
- Public intoxication
- Petty theft under $5000
- Causing a disturbance (also equivalent to US law disorderly conduct)
Notably, having a single summary offence will usually not deem you inadmissible to Canada.
Indictable Offence
This is somewhat comparable to a felony in the US. Indictable offences are considered to be more serious crimes with more serious punishments than summary conviction offences. An indictable offence is punishable by two (2) years imprisonment up to life imprisonment with heavy fines. These offences are extremely hard to take off your criminal record.
Some examples of indictable offences include:
- Wire Fraud, Fraud, Embezzlement
- Aggravated assault
- Murder
- Reckless Driving/Operation
Contrary to summary conviction offences, having a single indictable offence on your record can deem you inadmissible to Canada even if you weren’t convicted.
Hybrid Offence
Canada has another category of offence called a hybrid offence. This means that the offence can either be punished as an indictable or a summary offence. Only the Crown has the authority and power to make this decision based on the circumstances of the crime.
In regards to criminal inadmissibility, a hybrid offence is always considered to be an indictable offence. This means that a single hybrid offence could deem you inadmissible to Canada.
Some examples of hybrid offences include:
- Driving Under the Influence, Driving While Ability Impaired, Operating While Impaired, etc.
- Harassment
- Mischief
If you have any hybrid offence on your record, you will be deemed criminally inadmissible and denied entry at the Canadian border by the Canada Border Services Agency (CBSA) or removed from Canadian grounds.
Who is Criminally Inadmissible?
The Canadian government defines eligibility for criminal inadmissibility as a foreign national who:
- Was convicted of an offence in Canada;
- Was convicted of an offence outside of Canada that is considered a crime in Canada; or
- Committed an act outside of Canada that is considered a crime under the laws of the country where it occurred and would be punishable under Canadian law
It is important to note that even if you have a non-conviction on your record (dismissal, withdrawal, pardon), it may still result in inadmissibility to Canada. In order to assess and determine whether or not you pose a threat to Canadians, the Canada Border Services Agency (CBSA) officer must be provided with all the details of the charge(s), court rulings, notices and police reports.
Admissibility for Juvenile Offenders
In Canada, juveniles are considered to be someone between 12 to 18 years old.
If you are American with a juvenile conviction and entering Canada through the border, it is highly likely that the CBSA officer would have access to your juvenile record through the United States of America’s FBI database. Thus, you may be required to provide further documentation about your conviction to the Canadian border officer.
It is often recommended to travel with a Legal Opinion Letter if you have a criminal record from your juvenile years, even if you believe it has been ‘sealed’. A legal opinion letter drafted by an immigration lawyer will explain your circumstances and the reasons you should not be considered inadmissible to Canada. If you are travelling for business or an event, it is important to always arrive at the border prepared with the help of an immigration lawyer to avoid any delays.
How Do I Overcome Criminal Inadmissibility?
If you believe that you are inadmissible to Canada, there are options available for you. Your pathway to gain entry into Canada depends on factors such as the nature, timing, and circumstances of your offence.
Two common solutions are Criminal Rehabilitation and Temporary Resident Permit (TRP).
To help decide which option is better for you, here are the differences between a Criminal Rehabilitation and a Temporary Resident Permit.
| Criminal Rehabilitation | Temporary Resident Permit | |
|---|---|---|
| Eligibility | Five (5) years must have passed since the completion of the last sentence imposed for your most recent offence committed outside of Canada. Ex. If you were convicted of your offence on August 25, 2019 and finished your probation of 6 months on February 25, 2020, you are eligible to apply for Criminal rehabilitation from February 25, 2025. See more in Criminal Rehabilitation | If you are planning on only visiting Canada temporarily and believe your reasoning for entry is compelling, you may be eligible for a TRP. A TRP is a good option for you if five (5) years have not passed since the completion of your last sentence imposed for your most recent offence committed outside of Canada. See more in Temporary Resident Permit |
| Validity Period | Permanent Criminal rehabilitation for entry into Canada until you are charged/convicted of another offence. | You are only admissible to Canada during the period indicated on your TRP and must leave when your TRP expires. Your TRP will indicate the length of time you essentially need for your travels, which is the time you are allowed to stay in Canada. Ex. January 3rd, 2025 to January 9th, 2025 (6 days) to attend an essential conference meeting |
| Processing Time | 12 - 18 months processing time (Updated: April 4, 2025 IRCC) | There are two ways to apply for a TRP with different processing times. For more information, visit Temporary Resident Permit 1. Port of Entry (POE): Can obtain immediately at the border, with more risk to be rejected. 2. Consulate: Average of around four (4) months to eight (8) months of waiting time (apply in advance!), with a higher chance of success. |
| Cost | CAD $239.75 (USD $173.39) processing fee payable to the government of Canada (non-refundable) for criminality CAD $1,199.00 (USD $867.11) processing fee payable to the government of Canada (non-refundable) for serious criminality | CAD $239.75 (USD $173.39) processing fee payable to the government of Canada (non-refundable) |
| Documents required | - Processing Fee Receipt - Application for CR - Use of Representative Form (if applicable) - Copy of United States Passport - Court documents - Document indicating equivalent Canadian law - Police Report from every state/country lived for +6 months - Applicant’s Personal Statement re Circumstances of offence & re Rehabilitation Factor - Three (3) Letters of reference - Documents Relating to offence - FBI Criminal History Report | - Processing Fee Receipt - Application for TRP - Use of Representative Form (if applicable) - Two passport-sized photos - Copy of United States Passport - Applicant Letter re Circumstances of offence - Applicant Statement Regarding Purpose of Visit - Court documents regarding offence - FBI Criminal History Report - Supporting Documents/Itinerary (regarding reasons for coming to Canada) - Three (3) Letters of reference |
| Limitations | Lengthy and detailed process: Processing times are longer - if you want to travel to Canada in a short amount of time, you must apply for a TRP | Temporary solution to inadmissibility: You must reapply if you need to visit Canada again No flexibility in length of time allowed to be in Canada - you must leave before the TRP expires Must plan trips and apply in advance (Consulate) or risk getting turned away at the border (POE) |
Common Offences Resulting in Criminal Inadmissibility
Driving Offences are another one of the most common charges people encounter. These charges are taken very seriously in Canada as a hybrid offence and can be punishable by up to 10 years of imprisonment.
Some examples of driving offences include:
- Driving Under the Influence
- Driving While Ability Impaired
- Operating While Impaired
- Driving While Intoxicated
- Reckless Operation/Driving
Read more about Entering Canada with a DUI.
Drug Offences such as possession or distribution will deem you inadmissible to Canada. The type of drug involved is very important when deciding inadmissibility.
For example, A marijuana charge from the United States may not deem you inadmissible due to the fact that possession of less than 30g of cannabis, or possession of paraphernalia for cannabis, is not illegal in Canada. The immigration system aims to prioritize the safety of Canadians, and those planning to travel to Canada are encouraged to review the Criminal Code of Canada and the Controlled Drugs and Substances Act for a comprehensive understanding. It is recommended to consult a lawyer if you are not sure of whether or not your charge has a Canadian federal equivalent.
Some examples of drug charges that will make you inadmissible to Canada are:
- Possession of Controlled Substance
- Possession of Controlled Substance With Intent to Sell
- Possession of more than 30g of Cannabis
How does Canada Determine Criminal Inadmissibility?
A Canadian Border Service Agency Officer (CBSA) performs a criminal equivalency analysis where they compare each charge on your record to its Canadian federal equivalent under the Act of Parliament. The CBSA officer will determine inadmissibility based on the type of offence and the corresponding sentence under Canadian law.
There are several other factors that will influence the CBSA officer’s decision of admissibility or rehabilitation:
- Nature or seriousness of the crime
- Previous experience of denial at the border
- Reason for entry into Canada
- Credibility of Rehabilitation
Frequently Asked Questions
Why Does Criminal History Affect Travel to Canada?
The Canadian Border Services Agency (CBSA) officers must ensure that foreign nationals entering Canada will not be a threat to residents of Canada in any way. Canada has strict laws in place for inadmissibility on grounds of criminality to prevent any individual with a history of crime and violence from entering without any screening. To acknowledge that having a criminal history record does not necessarily always mean that you are a threat to society, Canada has also ensured that there are ways to overcome this inadmissibility through rehabilitation or acquiring certain permits.
How Does Canada Know About My Criminal Record?
When American citizens attempt to enter Canada, the Canadian Border Services Agency (CBSA) Officers screen their passports for potential inadmissibility issues. Every citizens’ passport is directly linked to their FBI Criminal History Report, which will contain all past or current charges they have faced in the United States. With this information, the CBSA officer will determine admissibility on a case-to-case basis.
Can I Appeal a Decision If I’m Deemed Criminally Inadmissible?
You cannot appeal a decision of refusal of a Temporary Resident Permit or Criminal Rehabilitation application. However, it is possible to reapply with stronger supporting documents, any documents that were missing in the previous application, and corrected information. If your application is rejected, you will be provided with a rejection letter entailing the exact reason for your refusal.
Does A Misdemeanor Make Me Inadmissible to Canada?
Yes, a misdemeanor may make you inadmissible to Canada. Canada does not categorize laws in misdemeanors and felonies, but rather indictable, hybrid or summary offences. The category of law that the offence falls into in the United States is not a factor of consideration; the equivalent Canadian law and the sentence punishable under the Act of Parliament is the point of focus when determining inadmissibility.
Are There Any Exceptions to Criminal Inadmissibility for Humanitarian Reasons?
Yes, you may apply for a Temporary Resident Permit under Humanitarian and Compassionate reasons in case of an emergency. Approval is highly dependent on the dire situation that you are in and not guaranteed. Some examples of situations people might apply for a TRP under H&C reasons may be a funeral, dying relative, or a wedding of an immediate family member. It must be clear why your need to enter Canada outweighs the risk of public safety on the grounds of humanitarian and compassionate reasons with strong evidence to support.
Is Hiring a Lawyer Required to Overcome Inadmissibility?
No, hiring a lawyer is not required to overcome inadmissibility. You can be deemed rehabilitated by the passage of time without applying for anything. As well, you can apply for a TRP or CR yourself, by preparing and acquiring all the documents required if you are confident in your abilities. However, you cannot write a credible and precise legal opinion letter without a lawyer.
How can a Lawyer Help me in the Process of Criminal Inadmissibility?
Hiring a lawyer can help you determine your eligibility and explore your options. Lawyers are also able to use their knowledge and experiences to guide you through each step of the rehabilitation process with clear instructions ensuring that you include all required documents.
While the Canadian government takes 4 – 18 months to make a decision on each application, having a missing document or misrepresenting yourself in your application will significantly delay the process even further. Evidently, having an experienced lawyer by your side, can expedite your application and lower your chances of denial.
Having a rejected Temporary Resident Permit (TRP), Criminal Rehabilitation (CR) or being turned away at the border due to lacking proper documents may stay on your record and can be a factor of consideration for your future applications and attempts to cross the border.
To avoid the delays and complications when acquiring documents, contact us at Canadim today. We will guide you through every step of the way ensuring the best outcome possible.
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If you have questions or concerns relating to criminal inadmissibility please contact us and a member of the Canadim Team will be happy to discuss your options.
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