Rehabilitation | TRP | Deemed Rehabilitation
Criminal Inadmissibility Canada — How to Enter or Stay in Canada with a Criminal Record
What is Criminal Inadmissibility?
If you have been convicted of a crime in Canada or abroad, you may be criminally inadmissible to Canada. Canadian law looks at the Canadian equivalent of the offence — not just the name of the offence in another country. Serious crimes (including many DUIs) can result in long-term or permanent inadmissibility unless you overcome it through rehabilitation or a TRP.
How Canadian Law Classifies Foreign Offences
IRCC and CBSA assess whether the foreign offence would be an offence in Canada and whether it is considered "serious" or "ordinary" criminality. This affects whether you need Criminal Rehabilitation (and the waiting period) or may qualify for deemed rehabilitation. Legal opinions and court documents may be used to support your case.
Deemed Rehabilitation
In some cases, enough time has passed since you completed your sentence that Canada considers you "deemed rehabilitated" and you no longer need to apply. This depends on the type of offence and the number of years. Not all offences qualify. VMC assesses whether you may be deemed rehabilitated.
Criminal Rehabilitation Application
A successful Criminal Rehabilitation application gives you a permanent solution for that offence — you generally will not need to apply again. You must show that you have been rehabilitated and that the required time has passed since you completed your sentence. The application is submitted to IRCC with supporting documents and fee.
Temporary Resident Permit (TRP)
A TRP allows you to enter or remain in Canada temporarily despite inadmissibility when there are compelling reasons. It can be single-entry or multiple-entry. It does not remove inadmissibility; it only allows temporary access. Learn more about TRP.
DUI / Impaired Driving
DUI and impaired driving are now treated as serious criminality in Canada in many cases. This has increased the number of people who are inadmissible. Options include applying for a TRP for temporary entry or Criminal Rehabilitation after the required waiting period (often 5 years after sentence completion). Processing times and eligibility depend on your specific case. VMC assists with both TRP and rehabilitation applications for DUI and other offences.
Individual vs Deemed Rehabilitation
Deemed rehabilitation is automatic after the required time (for eligible offences). Individual (formal) rehabilitation requires an application and approval from IRCC. If you are not deemed rehabilitated, you must apply for individual rehabilitation once the waiting period has passed.
Record Suspension (Pardon) and Canadian Inadmissibility
A Canadian record suspension (pardon) can in some cases reduce or remove the effect of a Canadian conviction for immigration purposes. For foreign convictions, the country where the offence occurred may have its own pardon or equivalent; Canada may take that into account. VMC can advise on how a pardon or record suspension affects your admissibility.
Legal Opinion Letters
In complex cases, a legal opinion letter from a Canadian immigration or criminal lawyer may help explain the foreign offence and its Canadian equivalent. VMC works with clients to gather the right evidence and, when appropriate, can refer you to legal counsel for opinions.
Frequently Asked Questions
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