Can You Travel to Canada with a Criminal Background?

February 17, 2025

Ishita Soni

Can Your Criminal Record Stop You from Entering Canada?

Even if a long time has passed, your criminal record from a foreign country could still stop you from being allowed into Canada. Canadian law says that anyone who is not a citizen can be denied entry due to past criminal activity, known as “criminal inadmissibility.” However, there are ways to overcome this challenge, depending on your situation.

Understanding Criminal Inadmissibility

Inadmissibility means being denied entry due to criminal history. Canadian authorities look at various factors when deciding if you can be allowed into the country, including:

• The crime itself.
• How long ago the offense happened.
• The severity of the crime.

How Canada Classifies Criminal Inadmissibility

Canada separates criminal activity into two categories: criminality and serious criminality.

1. Criminality (Minor Offenses)
   • If you were convicted of a crime that is considered minor in Canada, like vandalism or petty theft, you may still be denied entry, especially if you committed multiple offenses.
2. Serious Criminality (Major Offenses)
   • If you’ve been convicted of serious crimes such as aggravated assault, drug trafficking, or DUI (driving under the influence), you are likely to face inadmissibility.

Ways to Overcome Criminal Inadmissibility

There are three main options to overcome criminal inadmissibility and enter Canada:

Temporary Resident Permit (TRP)

• If you have a valid reason for entering Canada, a TRP can allow you to enter temporarily, even if you’re inadmissible. You’ll need to prove that your need to enter outweighs any risks to public safety.

Deemed Rehabilitation

• If it has been over 10 years since you completed your sentence (5 years for minor crimes), you may automatically qualify as “deemed rehabilitated” and no longer face inadmissibility.

Criminal Rehabilitation

• This is a process that permanently clears your criminal record for the purpose of entering Canada. It’s available if at least 5 years have passed since you completed your sentence.

Temporary Resident Permit (TRP)

A TRP lets you enter Canada temporarily. You need to prove that you have a compelling reason, such as attending a family event or business conference, and that your entry won’t pose a danger. TRPs are issued for varying lengths, from one day to three years, and can be extended if needed.

Deemed Rehabilitation

If enough time has passed since you finished your sentence, you may be automatically considered rehabilitated. This option is available after 10 years for serious offenses and 5 years for minor ones. However, if you have multiple offenses, you may not be eligible.

Criminal Rehabilitation

Criminal rehabilitation is a way to clear your record permanently. To qualify, at least 5 years must have passed since your sentence was completed. If approved, you will no longer face entry denial into Canada for that specific offense. However, processing can take time (6-12 months).

Legal Opinion Letter

A legal opinion letter from an immigration lawyer can strengthen your case. It explains how your criminal history relates to Canadian law and offers possible solutions like a TRP or rehabilitation. This document helps immigration officers understand why you should be allowed into Canada despite your past.

Common Offenses Leading to Inadmissibility

Certain crimes can make you inadmissible to Canada. It’s important to compare the crime you committed to Canada’s Criminal Code to see if it is considered serious or not. Here’s a breakdown of common offenses:

• Non-Serious Offenses (minor offenses): Petty theft, loitering, disorderly conduct, trespassing, etc. A single non-serious offense may not result in inadmissibility unless you have two or more minor offenses.
• Serious Offenses (major offenses): DUI, aggravated assault, large-scale fraud, drug trafficking, armed robbery, etc. These are likely to result in inadmissibility.

Consequences of Criminal Inadmissibility

If you’re found criminally inadmissible, you may be denied entry. If you’re already in Canada and convicted of a serious crime, you may face deportation and could be banned from returning unless you get special authorization. Attempting to enter Canada multiple times while inadmissible may lead to an exclusion order, banning you for a year or more.

Where to Apply for a TRP

You can apply for a TRP at a Canadian consulate or at the border, depending on your travel circumstances. If you need a visa or eTA, applying ahead of time is recommended to avoid delays or problems at the border.

Conclusion

Criminal inadmissibility is a serious issue that can prevent you from entering Canada. However, with the right steps, such as applying for a TRP, seeking rehabilitation, or getting legal advice, you can improve your chances of being allowed into the country. Always make sure to review your options carefully and seek professional help if needed.

Get in touch with SPS Global

Receive professional advice on any of your questions regarding Canadian immigration. get in touch with us, experienced immigration consultants from SPS Canada. For additional information, contact support@spscanada.com (Canada) or support.amd@spscanada.com (Ahmedabad), or by phone at (1) 905-362-9393 (Canada) or +919586226232 (Ahmedabad).

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