If you have a criminal record, you may be barred from entering Canada. Only Canadian citizens have the automatic right to enter the country. For non-citizens, Canadian authorities may determine inadmissibility based on criminal history. If found inadmissible, you could be denied a visa or an electronic travel authorization (eTA), refused entry at the border, or even asked to leave the country. To avoid complications, individuals with criminal records should address any inadmissibility issues before planning travel to Canada.
What is Criminal Inadmissibility?
Criminal inadmissibility refers to someone being prohibited from entering or remaining in Canada due to their involvement in a crime. This could be a conviction or act committed either in or outside Canada. When determining inadmissibility, Canadian authorities consider several factors, such as:
- The severity of the offense
- The penalty received
- The time since the offense occurred or the sentence was completed
How is the Severity of an Offense Determined?
For immigration purposes, Canadian authorities classify offenses as either “criminality” or “serious criminality,” and this distinction affects how inadmissibility is determined. To assess the seriousness of an offense, you must compare it to the equivalent crime in Canada, typically under the federal Criminal Code of Canada.
Offense Categories Under Canadian Law:
- Summary Offenses: These are minor offenses, comparable to misdemeanors in other countries, and usually come with lighter penalties and quicker legal processes. Examples include causing a disturbance, indecent exposure, and
- Indictable Offenses: More serious than summary offenses, indictable offenses are similar to felonies. Examples include robbery, drug trafficking, and aggravated assault. However, not all indictable offenses automatically qualify as “serious criminality.” Canadian authorities assess whether an offense is considered “serious criminality” based on the maximum sentence possible under Canadian law. If the crime is punishable by a maximum of 10 years or more in prison, it is classified as serious criminality.
- loitering. A person who has committed a single offense equivalent to a summary offense under Canadian law may still be admissible.
- Hybrid Offenses: These offenses can be prosecuted either as summary or indictable offenses. For immigration purposes, hybrid offenses are treated the same as indictable offenses when assessing criminal inadmissibility.
Who Can Be Deemed Inadmissible?
A foreign national (non-citizen and non-permanent resident) may be considered inadmissible for reasons including:
- Conviction of an indictable offense in Canada or another country that would be considered indictable under Canadian law.
- Committing an act outside Canada that is an offense both in the country where it occurred and under Canadian law.
You could be deemed inadmissible even if you have not been convicted, but have been arrested or charged with a crime. Multiple convictions for summary offenses (if not arising from the same incident) may also result in inadmissibility.
How Does Canada Access Foreign Criminal Records?
Canada shares criminal record information with the U.S. through travel documents. When traveling from the U.S. or applying for entry, Canadian border agents can access your criminal history via your passport or visa, which could lead to questioning or entry denial. Travelers from visa-exempt countries applying for an eTA may face similar issues.
When applying for permanent residency, foreign nationals must submit police certificates from the countries where they have lived for six months or more since turning 18. Temporary residents such as foreign workers or students may also be required to disclose their criminal history.
Can Permanent Residents Be Deemed Criminally Inadmissible?
Yes, even permanent residents of Canada can be deemed inadmissible due to “serious criminality.” However, they cannot be deemed inadmissible for less severe offenses (regular criminality). For instance, committing a serious crime like theft over CAD 5,000 or driving under the influence (post-December 2018) could jeopardize a permanent resident’s status in Canada.
How to Determine if a Foreign Offense Is Criminal in Canada?
To assess whether an offense committed abroad is considered a crime in Canada, you would compare the laws of the foreign country with Canada’s federal laws, primarily the Criminal Code of Canada. If unsure, consulting an immigration lawyer may be helpful.
Options for Overcoming Criminal Inadmissibility
If you have a criminal record and wish to enter or immigrate to Canada, you can explore several options to overcome criminal inadmissibility:
1. Temporary Resident Permit (TRP)
A TRP allows individuals with a criminal record temporary access to Canada if their reason for entry outweighs any risk posed to Canadian society. TRPs are typically issued for the duration of the visit but can be valid for up to three years. There is no guarantee of approval.
2. Deemed Rehabilitation
You may be considered “deemed rehabilitated” if immigration authorities believe you no longer pose a risk to Canada. Eligibility for deemed rehabilitation depends on:
- Number and type of offenses: Deemed rehabilitation usually applies to a single conviction, and multiple convictions may disqualify you unless they are summary offenses.
- Seriousness of the offense: Serious crimes are not eligible for deemed rehabilitation.
- Time since the completion of the sentence: Typically, 10 years must have passed since the sentence was served for an indictable offense, or five years for a summary conviction.
- No additional criminal activity: You must have remained crime-free after completing your sentence.
3. Criminal Rehabilitation
If you do not qualify for deemed rehabilitation due to serious criminality or multiple indictable offenses, you must apply for criminal rehabilitation. This is available if at least five years have passed since the completion of your sentence. Once granted, criminal rehabilitation permanently waives your inadmissibility, provided there is no further criminal activity.
4. Legal Opinion Letter
A Canadian immigration lawyer can provide a legal opinion letter outlining whether your foreign offense is equivalent to an offense under Canadian law. This letter may be helpful if you are uncertain about your admissibility or want to clarify potential immigration consequences.
Other Reasons for Inadmissibility
Criminality is not the only reason someone may be deemed inadmissible to Canada. Other factors include:
- National security concerns
- Human or international rights violations
- Economic reasons
- Health-related issues
- Misrepresentation (which may result in a five-year ban from entering Canada)
Misrepresentation is a serious matter, so it’s essential to be fully honest in all dealings with Canadian immigration authorities, including in applications and at border checkpoints.
In conclusion, while a criminal record can complicate your ability to enter or stay in Canada, there are legal pathways to address inadmissibility. It’s advisable to consult an immigration lawyer to better understand your situation and the options available to you.