Inadmissible to Canada: Discover Your Options to Visit Canada
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Are you concerned about admissibility issues? Have you been turned away unexpectedly at the Canadian border?
Many people wishing to enter or immigrate to Canada are surprised to learn that a prior criminal record can result in a Canadian Immigration Officer refusing their entry, or application, on the basis of criminal inadmissibility. If you have been found to be criminally inadmissible to Canada, or think you may be inadmissible, it is important to know that you still have options.
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Table of Contents
- Why Does Criminal History Affect Travel to Canada?
- What is Criminal Inadmissibility in Canada?
- How Does Canada Know About your Criminal Record?
- Canadian Criminal Equivalency – Why is it Important?
- Can I Enter Canada with an Old Criminal Record?
- Who is Affected by Inadmissibility to Canada?
- What Makes You Inadmissible to Canada?
- Ways to Overcome Criminal Inadmissibility
- Other Immigration or Entry Obstacles
- Frequently Asked Questions
- About Cohen Immigration Law
Why Does Criminal History Affect Travel to Canada?
Canada is one of the most open countries on the planet welcoming millions of tourists, visitors, immigrants, foreign workers, and students each year. At the same time, Canada ensures each foreign national passes its admissibility requirements before they are allowed to enter the country. One of the areas that Canada screens for is your criminal background.
Approximately one million international travelers enter Canada every month.
Immigration Refugees and Citizenship Canada (IRCC) and Canadian Border Services Agency (CBSA) place massive importance on securing the country's borders from those who may pose a risk. For this reason, they are motivated to deny entry to anyone who is likely to commit a crime during a visit to Canada.
If you have a past criminal charge in a foreign country, your admissibility to Canada is calculated based on the equivalency of the foreign criminal offence into Canadian law. If the offense translates to a summary offense, and it is your only criminal conviction, you may be considered admissible to Canada and not require permission to enter. If the translation is to one of an indictable offence, which can be defined as serious criminality, you may be considered criminally inadmissible to Canada. No matter the situation, it is always suggested to consult with a Canadian immigration attorney to understand the law and address any inadmissibility issues prior to traveling.
What is Criminal Inadmissibility in Canada?
Criminal inadmissibility is when an individual is denied entry to Canada on grounds of criminality reasons. If you have committed an act outside Canada that is an offence in both the country in which it took place and in Canada, you could be denied entry.
Here are some of the factors that may make you criminally inadmissible without ever having set foot in Canada:
If you were convicted in a foreign country of an act that Canadian law also recognizes as a criminal offence. You could be considered criminally inadmissible if Canada would consider your crime an “indictable offence,” which generally refers to a more serious crime. In the U.S. it is comparable to a felony.
If you have two non-indictable offences from separate acts, you may also be inadmissible. As the name suggests, these are less serious than indictable offences, and are generally comparable to misdemeanors in the U.S.
It is important to note that a conviction is not necessary for events that occurred outside of Canada to result in inadmissibility. In certain instances, an arrest or charge may result in questioning from Canadian border authorities.
Although the foreign equivalent of a Canadian Criminal Code infraction is the most common cause of inadmissibility, an offence that equates to a violation of any Canadian federal law can also result in inadmissibility. If you have been determined to have committed an act in a foreign country that is both an offence in that country, and an indictable offence in Canada, you may also be criminally inadmissible. The same applies to two or more crimes that are summary offences in Canada. All that is required is credible evidence that you committed the act. This category is meant to catch individuals with unresolved criminal charges.
Temporary residents and applicants for permanent residency can be deemed criminally inadmissible if they:
Were convicted of an offence in Canada;
Were convicted of an offence outside of Canada that is a crime according to the laws of both that country and Canada; or
Committed a crime according to the laws of another country that would also be punishable in Canada.
Keep in mind: Foreign convictions, acts, and laws are compared to Canadian laws and standards when determining an individual’s criminal inadmissibility.
If you have been found to be criminally inadmissible, or think you may be deemed inadmissible upon arrival, it is important to know that you still have options.
The Temporary Resident Permit (TRP) and Criminal Rehabilitation applications offer short and long-term solutions respectively to those found ineligible to enter due to the grounds of inadmissibility.
How Does Canada Know About your Criminal Record?
Canada and the United States share criminal history information via travel documents to ensure the safety of its inhabitants. No matter the method of which you enter Canada, you are required to show a Passport and any visa in possession to a border agent at the port of entry (land, air, sea). Once the passport has been processed, an immigration officer has access to your federal criminal history report and State police records, which in turn can result in questioning or even a denial of entry. There is no presumption of innocence at the border, so even pending charges can alert an immigration officer to further screen a traveler. Border agents at international airports also receive passenger lists and can conduct a background check on any traveler on a particular flight. If a person on an incoming flight has a criminal record, they would likely be flagged and pulled aside upon landing in Canada. If you are interested in requesting a similar report to one that can be seen at a Canadian border, it is suggested to seek out your own FBI criminal background report.
Canadian Criminal Equivalency – Why is it Important?
The Canadian criminal code is complex and finding the equivalent offense to that of one on your record can often be arduous.
In order to confirm your admissibility to Canada, you must understand the translation of your criminal record into Canadian law. Once a translation has been made, it would become easier to determine if you are able to enter the country or not. There are other barriers of entry that can exclude someone from gaining access to Canada, yet when a criminal record is the issue the translation into Canadian law is most important. If your offence has a similar equivalency to one in Canada, you may be considered inadmissible to the country. Offences such as DUI, theft or reckless driving can typically result in inadmissibility as they are crimes in Canada as well. Finding the Canadian equivalent can be difficult in scenarios where a unique or uncommon crime takes place, as a deep understanding of Canadian law is required. In these situations, it is common to seek out the assistance of a Canadian immigration lawyer.
Can I Enter Canada with an Old Criminal Record?
A common situation arises at Canadian ports of entry, a foreign traveler attempting to enter Canada with old criminal history. It is important to understand that depending on the nature of your crime(s), the time that has elapsed since completing all sentencing and its Canadian law equivalent, time can in certain cases is not a determining factor in establishing admissibility to Canada.
There are certain crimes that an individual can be deemed rehabilitated for, which involves waiting 10 years from the completion of all sentencing. If for example you have a single DUI conviction with no other criminal history, and it has been more than 10 years from completion of all sentencing, you should be considered deemed rehabilitated by the passage of time.
In circumstances where more serious criminal history is on record, for example a felony in the US, time since completing the offense may not be relevant to your admissibility to Canada. In these circumstances, you are required to apply for criminal rehabilitation in order to receive a certificate from the Canadian government which ensures you are admissible to the country.
Who is Affected by Inadmissibility to Canada?
Inadmissibility to Canada may affect a broad range of people. However, individuals in certain situations may be particularly affected from a personal and/or professional point of view. These occupations/individuals include:
People who have committed a crime in Canada or have been charged with a crime in Canada.
What Makes You Inadmissible to Canada?
What an individual must do in order to overcome inadmissibility and gain entry will depend on the classification of the offence and the length of time that has elapsed since the completion of the sentence. The associated application processing fees may also depend on the offence classification.
Sentences can consist of many possible sanctions - sometimes used in combination - a judge might impose to punish the commission of an offence. These can include:
Jail time
Probation
Fines
Licence suspension
Deportation
Note: When more than one such measure is imposed, it is the date of completion of the final one that is considered for the purposes of Canadian inadmissibility.
As a general rule, any act that is an offence in the country in which it is performed, as well as an offence in Canada, has the potential to render an individual inadmissible to Canada.
The following is a rundown of the principal offences for which most travelers may be denied entry. If you have been convicted of any of the offences listed below, the temporary resident permit (TRP) and criminal rehabilitation applications can serve as solutions.
United States Driving Offences Involving Alcohol or Drugs
In terms of inadmissibility, the most frequent U.S offences are those pertaining to driving or otherwise operating a vehicle (car, motorcycle, boat, etc.) while intoxicated. Such offences have different designations, depending on the circumstances of the infraction and where the offence was committed.
In the United States, these offences include:
DUI (driving under the influence)
DWI (driving while impaired/intoxicated)
DWAI (driving while ability impaired)
DWUI (driving while under the influence)
OWI (operating while intoxicated)
OUI (operating under the influence)
OMVI (operating a motor vehicle while intoxicated)
Learn more about how to get into Canada with a DUI.
Reckless Driving
A conviction for reckless driving in the U.S is often seen as similar to a DUI (or any variation thereof). While the former may be better than the latter, in terms of inadmissibility, they both carry the same effect — potential denial of entry. Dangerous driving is another analogous offence that also results in inadmissibility.
In fact, any serious driving violation has the potential of hindering an individual’s ability to legally enter the country, regardless of whether the individual in question will be driving in Canada.
Fraud
Fraud is a general category of offences that includes any violation committed with the intent of depriving another party of anything of which they are the rightful owner. This other party can be an individual or a company/organization.
Theft is the most obvious offence that falls under fraud. Depending on the nature of the theft and the amount stolen, the offence will be considered more or less serious by Canadian immigration authorities.
For example, theft under $5,000 is considered a non-serious criminality, while theft over this amount is considered to constitute serious criminality. Moreover, if the theft is performed with the aid of a weapon, violence, or the threat of violence, these elements can be aggravating factors in determining the seriousness of an infraction.
The use of a credit card with the knowledge that it has been revoked or cancelled is another form of fraud that can result in inadmissibility to Canada. Using a method of payment when the individual is aware the other party will not be compensated is also an offence, as it entails deceit. The same reasoning applies to knowingly using a bad cheque, an offence which often carries with it a determination of inadmissibility.
Assault can refer to several different forms of threats and/or physical altercation that might take place between individuals. These can range from menacing words or gestures to spontaneous bar fights to passionate crimes of violence carried out with premeditation and intent. Sexual assault is a very serious kind of assault. Regardless of their place along this spectrum, most incidents of assault result in inadmissibility to Canada.
There can be certain mitigating or aggravating factors that affect the seriousness of the assault. These pertain primarily to whether a weapon was employed in carrying out the assault, and whether bodily harm was inflicted upon the victim of the assault. If a weapon was used and/or injury to the victim resulted from the assault, then this offence would be considered serious criminality.
For the purposes of Canadian inadmissibility, this finding could lead to an individual being assessed as more of a security risk by Canadian immigration authorities, and a determination of inadmissibility is more likely to ensue.
Both serious assault (using a weapon and/or inflicting bodily harm) and non-serious assault (no weapon and no bodily harm) can render an individual inadmissible. Find out more about Common Offences that make you Inadmissible to Canada.
Drug Offences
A charge for the production, possession, purchase, consumption, or distribution of drugs can all have the effect of rendering an individual inadmissible.
The nature and context of the particular offence will impact its seriousness and affect the likelihood of an individual being found inadmissible.
Drugs are classified according to different schedules in the Canada’s Criminal Code. This classification determines the nature and gravity of the offence and the severity of the punishments available to sanction its commission.
For example, possession of cannabis and the possession of cocaine are seen as very different offences. Therefore, the sanction to punish cocaine possession is usually harsher than that which applies to marijuana.
Another example of differences in classifications is that, the possession of certain drugs under a specified amount might not result in inadmissibility, while the unauthorized distribution of the same drug in the same amount can do so.
Ways to Overcome Criminal Inadmissibility
There are three main methods available for people who wish to come to Canada but must overcome criminal inadmissibility:
- Submit a Temporary Resident Permit Application
- Submit a Criminal Rehabilitation Letter
- Legal Opinion Letter
1) Submit a Temporary Resident Permit Application
If you are a foreign national who has been arrested or convicted for DUI or any other criminal offence, you may be considered criminally inadmissible to Canada. A Temporary Resident Permit (TRP) is a solution that can grant temporary access to someone who is currently inadmissible to Canada.
A TRP application should only be submitted for significant travel and can be granted from the duration of a stay up to three years, depending on the reasons for entry. The duration of the TRP may be extended from inside Canada.
A TRP grants legal entry to Canada for a certain period of time. A person can apply for a TRP at any point. Unlike criminal rehabilitation, a TRP is not subject to a certain time frame in relation to the completion of the sentence. In fact, an individual can be granted a TRP while still serving a portion of his or her sentence, in certain circumstances.
Am I required to apply?
Yes. The following examples explain when a TRP application is necessary for entry to Canada:
A person has been convicted outside of Canada of a crime that, if committed in Canada, is equivalent to an indictable offence punishable by a sentence of less than 10 years.
A person has been convicted outside of Canada of a crime that would be equivalent to a hybrid offence punishable by a sentence of less than 10 years. A hybrid offence is one that can be prosecuted in Canada either by summary process or by indictment.
A person has been convicted of two or more crimes that, if committed in Canada, would be equivalent to two summary offences.
Offences that occur inside of Canada while here on a temporary stay may affect your ability to remain as a temporary visitor or the ability to obtain Permanent Residence (PR).
2) Submit a Criminal Rehabilitation Application
Criminal rehabilitation is an application offered by the Canadian Government to those who are eligible for permanent clearance of past criminal history - for the purposes of entering Canada.
If an individual receives an approval for criminal rehabilitation, they are no longer considered inadmissible and would not require a TRP for entry. The criminal rehabilitation application is a one-time solution that, unlike a TRP, never requires renewal.
In order to be eligible for criminal rehabilitation:
You must have committed an act outside of Canada that would constitute an offence under the Canadian Criminal Code, and
You must have been convicted of, or admitted to, committing the act, and
Five years must have passed since the full sentence or sentences were completed. This phase includes jail time, fines, and probation
The most crucial consideration is understanding the equivalent offence in Canada. What is important is the nature and gravity of the offence, as per Canada’s Criminal Code. Canadian immigration authorities distinguish criminal offences based on serious versus non-serious criminality.
A foreign national or permanent resident may be criminally inadmissible or face removal proceedings on the grounds of serious criminality. For convictions within Canada, if they have been convicted in Canada:
Of an indictable offence punishable by a maximum sentence of at least ten years; or
Received a prison term of at least six months.
For convictions outside Canada, if they have been convicted outside Canada of an act that, if committed in Canada, would be equivalent to:
An indictable offence punishable by a maximum sentence of at least ten years; or
A hybrid offence punishable by a maximum sentence of at least ten years.
Types of Criminal Rehabilitation
There are two forms of criminal rehabilitation that can resolve inadmissibility to Canada:
What is the cost to apply for criminal rehabilitation?
The criminal rehabilitation processing fees are $239.75 CAD for those with non-serious criminality and $1,199.00 CAD for those with serious criminality. A foreign national may be inadmissible for immigration to Canada on the grounds of either non-serious or serious criminality.
How long will the processing time be for my criminal rehabilitation application?
The typical processing times are 6-12 months from the submission of your application. If you have more questions concerning processing times or associated costs, please fill out our assessment form to speak to a lawyer at no cost.
If you have more questions concerning processing times or associated costs, please fill out our assessment form to speak to an inadmissibility expert at no cost.
3) Legal Opinion Letter
An individual who has committed or been convicted of a crime can preemptively avoid being found inadmissible to Canada. One manner through which this outcome may be accomplished is a legal opinion letter addressed to the judicial authority hearing the case.
This letter is a document that is drafted by a Canadian immigration lawyer. In it, he or she refers to the relevant sections of Canadian law to explain the consequences in Canadian immigration law a guilty verdict or finding that a person has committed a criminal act would carry. This information can help the person decide how to respond to charges of a crime and how different outcomes (conviction, sentencing, etc.) would affect that person’s ability to come to Canada.
Depending on the circumstances, the effects of a conviction - and the resulting inadmissibility - can be severe. For example, someone whose employment entails a recurring need to enter Canada from the U.S can see his or her livelihood threatened by a determination of inadmissibility to Canada.
Similarly, an individual with family in Canada can be prevented from seeing these family members because that individual has been found inadmissible.
Other Immigration or Entry Obstacles
Immigration to Canada can be a long and sometimes complicated process. Many experience one of the problems listed below.
Application Refusal
Was your Canadian immigration application refused? We may be able to challenge it.
Medical Inadmissibility
A medical exam is required for the principal applicant (PA) and all of his or her dependents as part of the immigration process. Learn more about what it means to be medically inadmissible for immigration to Canada and what we can do about it.
Let our team at Cohen Immigration Law help you with your Canadian immigration application. We will discuss your immigration problem with you to properly assess how our law firm can help you.
Someone who is criminally inadmissible is not allowed to enter or stay in Canada due to past criminal activity.
In general, your criminal history can prevent you from travelling to Canada. You may still be able to travel to Canada with criminal history, but it depends on the type of offence, the outcome of the offence, and how long ago it occurred. Options such as Criminal Rehabilitation, a Temporary Resident Permit (TRP), or in some cases being deemed rehabilitated, may allow entry despite criminal inadmissibility. Each case is assessed individually by Canadian immigration authorities.
You can usually travel to Canada if you have dismissed charges and no
convictions, since Canadian immigration law focuses on criminal convictions when assessing inadmissibility. However, you should carry supporting documents in case questions arise at the border.
Your past arrest or conviction for DUI in the United States can render you inadmissible – especially if the offence took place after December 2018, as DUI is now treated as a serious criminal offence under Canadian immigration law. If the conviction is recent, you may require a Temporary Resident Permit (TRP) to enter Canada. After 5 years, you may be eligible to apply for Criminal Rehabilitation. After 10 years (depending on the circumstances), you may be considered deemed rehabilitated. Each case is assessed individually, but most travellers with a post-2018 DUI conviction require a TRP if they wish to enter Canada before rehabilitation is possible. Please contact us for a free consultation. The following United States impaired driving offences can impact your ability to enter Canada:
- Driving Under the Influence (DUI)
- Driving While Under the Influence (DWUI)
- Driving While Impaired/Intoxicated (DWI)
- Driving While Ability Impaired (DWAI)
- Operating While Intoxicated (OWI)
- Operating a Motor Vehicle While Intoxicated (OMVI)
- Operating Under the Influence (OUI)
Your past expungement or dismissal may still result in inadmissibility and require either a TRP or criminal rehabilitation. Please contact us for a free consultation.
A Temporary Resident Permit (TRP) is generally required for those who have been convicted of a crime and have yet to be considered rehabilitated by the Canadian Government.
If it has been less than 5 years since completion of your sentence, your primary option for temporary access to Canada is via a TRP. If you are currently serving a sentence associated with a conviction, it can affect your ability to obtain a TRP.
Depending on the type and number of convictions, your criminal record may render you inadmissible to Canada. If you are criminally inadmissible, you cannot simply apply for an eTA online, and instead must first apply for a Temporary Resident Permit (TRP).
This question is only applicable to individuals who hold citizenship from a visa-exempt country.
If your criminal record renders your criminally inadmissible, and you want to apply for Canadian permanent residence, you must apply for Criminal Rehabilitation.
Rehabilitation removes your grounds of criminal inadmissibility. In some cases, depending on the type and number of convictions, as well as how much time has passed, you may be automatically deemed rehabilitated. Once deemed rehabilitated, you are considered admissible to Canada despite your criminal history.
You may be deemed rehabilitated if:
- You have been convicted for two or more summary convictions and five years have passed since the sentence was completed; or
- You have been convicted of a non-serious indictable offence (e.g. DUI) and more than 10 years have passed since the sentence was completed; and
- If the crime you committed would be punishable in Canada by a maximum prison term of less than 10 years.
If your conviction has been expunged, you are generally not criminally inadmissible to Canada, since an expungement legally erases the conviction as if it never occurred. However, Canadian authorities will want to confirm that the expungement fully nullifies the conviction under the law of the jurisdiction where it was granted, and not merely seals the record from public view. For this reason, it is important to carry official documentation proving the expungement and to seek legal advice in advance.
If your adjudication was withheld or deferred, and you successfully completed all the terms of your deferral without any violations, then no conviction should exist once the sentence is completed. If you have no other criminal offences on your record, you would generally not be considered criminally inadmissible to Canada. That said, treatment can vary depending on the jurisdiction and the exact legal effect of the disposition. For this reason, it is important to carry official court documentation confirming the outcome and to seek legal advice before travelling.
In general, UK cautions would not render someone criminally inadmissible to Canada. However, the treatment of cautions can vary depending on whether it was a simple caution, conditional caution, or multiple cautions. For this reason, you should carry documentation of the caution and seek legal advice to confirm how it applies in your situation.
A suspended sentence generally means you were formally convicted and the court chose to suspend serving the full sentence (often subject to probation). For Canadian immigration purposes, it is treated as a conviction, even though you may not have served jail time. Whether it makes you inadmissible will depend on the type of offence, how long ago it occurred, and whether you may qualify for rehabilitation.
Yes. Although your record is sealed, you must disclose your prior arrest, charge, or conviction in your immigration application. Depending on the type of offence and when it occurred, you may be considered criminally inadmissible to Canada, even if your record was sealed.
Hybrid offences are criminal offences that could be prosecuted as an indictable offence or summary conviction in Canada. For immigration purposes, hybrid offences are treated as indictable offences.
Indictable offences commonly cover more serious offences in the Canadian Criminal Code and can result in greater penalties than summary convictions. While nearly all felonies in the United States are equivalent to indictable offences in Canada, many misdemeanor offences are also considered indictable offences in Canada. Thorough review of the foreign law must be done to determine the equivalent offence under Canadian law.
Pure summary convictions cover minor offences in the Canadian Criminal Code. For example, Disturbing the Peace, is considered purely summary. While most summary offences in Canada are equivalent to misdemeanors in the United States, this is not always the case. Thorough review of the foreign law must be done to determine the equivalent offence under Canadian law.
If you are granted a Temporary Resident Permit (TRP), it allows you to enter Canada for a limited period of time even if you are otherwise criminally or medically inadmissible. A TRP acts as a temporary waiver of inadmissibility, giving you permission to enter when your circumstances justify it.
You can apply for a Temporary Resident Permit (TRP) through the Canadian consulate that processes applications in the country where you live. If you are an American citizen, you also have the option of applying directly at a Canadian port of entry, such as a land border crossing or airport.
A TRP may be granted for a single entry (for example, a short visit to Canada) or for multiple entries valid for up to three years. The longer the duration requested, the more compelling the justifications that must be provided.
The Government of Canada generally charges $239.75 CAD in government fees to process TRPs.
Processing times for TRPs vary depending on the Canadian consulate where the application is submitted. Most applications take about three to six months to process. For American citizens applying at a Canadian port of entry, however, a decision is made immediately by the reviewing officer.
If you are criminally inadmissible to Canada, you are not eligible to simply apply for an eTA online. You must apply for a TRP. If granted, the TRP essentially replaces the eTA and allows you to travel to Canada.
If you are criminally inadmissible and are applying (or plan to apply) for permanent residence, you should apply for Criminal Rehabilitation rather than a TRP. Permanent residence cannot be approved unless your inadmissibility has been resolved through Criminal Rehabilitation. A TRP is only a temporary waiver that allows short-term entry to Canada; it does not remove inadmissibility. Criminal Rehabilitation, once approved, permanently resolves the inadmissibility and is the required step for a successful permanent residence application.
Criminal Rehabilitation is a permanent waiver that removes an individual’s criminal inadmissibility to Canada.
In order for an individual to be eligible to apply for Criminal Rehabilitation, they must demonstrate that more than 5 years have passed since they completed all aspects of their sentence, including payments of fines, completion of probation, etc.
Individuals must apply for Criminal Rehabilitation through the Canadian consulate responsible for processing applications in the country where they are currently residing.
Individuals who have one or more non-serious offence(s) are required to pay government processing fees of $239.75 CAD. Individuals who have one or more serious offence(s) are required to pay processing fees of $1,199.00 CAD.
Applications for criminal rehabilitation include numerous documents, such as police clearance certificates, court documents, application forms and identity documents.
The processing times for Criminal Rehabilitation applications vary depending on which Canadian consulate the application is submitted to Most Criminal Rehabilitation applications take over 1 year to process.
If you are not yet eligible for Criminal Rehabilitation and need to come to Canada, you may be able to apply for a Temporary Resident Permit (TRP). A TRP is a document that allows someone who is criminally or medically inadmissible to enter Canada for a temporary period.
If you have a Criminal Rehabilitation application in process and need to come to Canada, you can apply for a Temporary Resident Permit (TRP). A TRP is a document that allows someone who is criminally or medically inadmissible to enter Canada for a temporary period.
A police clearance certificate (PCC) is also known as a criminal background check or rap sheet. It includes details regarding an individual’s arrests and convictions.
Individuals applying for a TRP or Criminal Rehabilitation must include police certificates at the time an application is submitted. For Criminal Rehabilitation – individuals must include police certificates from every country where they have resided for 6 months or more since their 18th birthday. Individuals who have lived, or are currently living in the United States, must submit both a federal FBI certificate and police certificates from each individual state where they have resided for 6 months or more since the age of 18.
Most countries will require you to provide fingerprints, application forms, and processing fees to obtain your police clearance certificate. Detailed instructions on how to apply for police clearance certificates for each country can be found on the Government of Canada’s website.
If you cannot obtain a PCC, you should provide a written declaration explaining why you cannot obtain the document and provide evidence of the efforts you have made to get the document. Some countries or states do not provide PCCs for immigration purposes. In that case, you should ask the relevant authorities to provide a written statement confirming they do not issue PCCs.
Yes, it is possible for someone with a criminal history to travel to Canada for business purposes, but it depends on the details of their record. If you have a past conviction, you may be considered criminally inadmissible to Canada. In that case, entry is only possible if you are eligible for and apply for Criminal Rehabilitation (which, once granted, permanently resolves inadmissibility), or you obtain a Temporary Resident Permit (TRP), which is a temporary waiver allowing short-term entry for specific purposes such as important business travel. Canadian immigration officers will consider factors such as the nature of the offence, how much time has passed, and the reason for travel. Business travel is recognized as a legitimate justification for a TRP in many cases.
Yes, even with a medical issue, you could be granted entry. In certain circumstances, for temporary stays in Canada, an individual who does not meet the Canadian medical requirements may be granted a TRP to enter Canada.
The typical processing times are over 12 months from the submission of your application. The Canadian Government charges processing fees of $239.75 CAD for non-serious criminality and $1,199.00 CAD for serious criminality.
While your Criminal Rehabilitation application is being processed, you may still apply for a Temporary Resident Permit (TRP) to enter Canada, provided your reason for travel is compelling and justifies entry despite your inadmissibility.
Criminal history reports from other countries and states are requirements to apply for Criminal Rehabilitation, and often TRPs. Detailed instructions on how to apply for police clearance certificates for each country can be found on the Government of Canada’s website.
Individuals requiring an Electronic Travel Authorization (eTA) in order to visit Canada are asked to fill out some personal information and answer basic questions relating to any past criminal history. If you submit an eTA request with a DUI conviction, you are likely to receive a denial if you are not considered rehabilitated. In order to gain access to Canada, you must apply for a Temporary Resident Permit (TRP) or Criminal Rehabilitation. If the TRP has been granted by an immigration officer, your eTA will be automatically included. If you have been granted Criminal Rehabilitation, past criminal history will not affect your ability to enter Canada, and your eTA should be approved.
If you have a pending DUI charge, you are generally considered criminally inadmissible to Canada, even though there has not yet been a conviction. Canadian immigration law treats a pending charge as evidence of potential inadmissibility until the matter is fully resolved in court. In most cases, you would need to apply for a Temporary Resident Permit (TRP) to enter Canada while the charge is pending. A TRP can be granted if you have a strong reason for travel that justifies entry despite the inadmissibility. Once the charge is resolved, your admissibility will depend on the final outcome.
In most cases, a past DUI makes you criminally inadmissible to Canada for 10 years following the full completion of your sentence. However, you may become eligible to apply for Criminal Rehabilitation once at least five years have passed since your sentence was completed. If you are considering applying for permanent residence, you must first resolve your inadmissibility through Criminal Rehabilitation. Once approved, the past DUI will no longer bar you from moving to Canada. It is recommended that you consult with a Canadian immigration lawyer to assess your eligibility and plan the best strategy.
If you have a past DUI, you will likely be considered criminally inadmissible to Canada, which can prevent you from obtaining a work permit. In most cases, you must first apply for a Temporary Resident Permit (TRP) to overcome your inadmissibility and allow entry for work purposes.
For a more permanent solution, you may apply for Criminal Rehabilitation once at least five years have passed since the completion of your sentence. Approval of rehabilitation removes the inadmissibility, ensuring you can work in Canada without restrictions in the future.
Yes. Artists with a criminal record may need a Temporary Resident Permit (TRP) to enter Canada, even for short tours or one-time performances. Because admissibility is assessed case by case, it is strongly recommended to consult with a Canadian immigration lawyer before traveling, to avoid disruptions to scheduled shows.
NEXUS members are subject to the same Canadian criminal inadmissibility laws as any other traveler. A recent DUI can jeopardize both eligibility for and retention of a NEXUS card. In many cases, U.S. citizens with a past DUI conviction must first be approved for Criminal Rehabilitation before they can join or rejoin the NEXUS program.
As a Canadian citizen, you have the right to enter Canada at any time even with a DUI from the US. If you have questions concerning re-entering the United States, we suggest consulting with a US immigration lawyer.
You are not required to hire a lawyer to apply for a Temporary Resident Permit (TRP) or Criminal Rehabilitation, but these applications are complex and often refused if incomplete. An experienced lawyer can strengthen your case, ensure the right evidence is provided, and improve your chances of approval.
Yes. Because driving between Alaska and the rest of the United States requires passing through Canada, anyone who is criminally inadmissible will generally need a Temporary Resident Permit (TRP) to complete the trip. The same applies to Alaskan cruises that pass through Canadian waters. Even if you do not disembark, Canadian authorities can still deem you inadmissible and require a TRP.
While possession and consumption of cannabis in Canada is legal for recreational purposes, you cannot bring marijuana into the country. You must also be aware of potential inadmissibility issues if you have been convicted of a cannabis related offense. Click here to learn more about travel to Canada and marijuana.
Yes, it is possible to enter Canada with a misdemeanor. Whether you are admissible depends on the type and number of offences, their seriousness, and when you completed your sentence. If you are found inadmissible, your options include applying for a Temporary Resident Permit (TRP) for short-term entry or Criminal Rehabilitation for a permanent solution.
About Cohen Immigration Law
Cohen Immigration Law is one of Canada's leading immigration law firms. We have over 45 years of experience and feature a team of over 60 Canadian immigration attorneys, paralegals, and other dedicated professionals.
Cohen Immigration Law uses its expertise to help clients overcome inadmissibility issues. Our team of inadmissibility lawyers and professionals will work to understand your situation and then submit the strongest possible application to Canadian immigration authorities.
CanadaVisa.com was founded in 1994 as the online presence of Cohen Immigration Law. Since then, CanadaVisa has grown into one of the world's most trusted resources on immigration to Canada. Please connect with us so we can support your inadmissibility needs.