Usually, having a criminal record exempts you from being eligible for permanent residence. Even if you apply, you can be denied entry – this is known as criminal inadmissibility. This usually happens when:
Apart from criminal convictions, there are a variety of other events that could lead to criminal inadmissibility. For instance, an arrest or charge in your home country could make you get questioned by the Canadian border authorities and eventually be criminally inadmissible.
Ultimately, while the most common causes of criminal inadmissibility are linked to infractions of a foreign equivalent of a Canadian Criminal Code, it can also be linked to a violation of any Canadian federal law.
Even if you are deemed criminally inadmissible, this doesn’t mean that you can never become a permanent resident of Canada – there are ways that you can overcome this problem. These include:
By granting you a criminal rehabilitation certificate, the Canadian government allows you to get your past criminal record cleared so that you can enter the country. This is a one-time solution that doesn’t need renewal. To be eligible, you:
Usually, criminal rehabilitation processing fees are around CAD 1,000 for serious crimes and CAD 200 for non-serious ones. On the other hand, processing times are usually 6 to 12 months from the submission of the application.
A Temporary Resident Permit (TRP) is a document that grants you temporary access to Canada when you are criminally inadmissible. You can apply for a TRP at any time, even when you’re still serving your sentence.
Ideally, you should only apply for a TRP if you’re planning to stay in Canada for up to 3 years. Interestingly, you can even extend this permit from within Canada. You need to be cautious of committing further crimes while on a TRP though – this can negatively affect your ability to finish your stay or obtain permanent residence.
If you’ve been convicted or have committed a crime before and you’re looking for a way to avoid being deemed criminally inadmissible to Canada in the first place, getting a legal opinion letter is the best option for you. This letter is usually drafted by a Canadian immigration lawyer and is addressed to the judicial authority hearing your case.
Within the letter, the lawyer uses sections of Canadian law to explain the consequences that a guilty verdict would have on you.
© Emigrate Canada 2023, How to Immigrate to Canada with a Criminal Record