A Criminal Conviction Can Put Your Canadian Immigration Plans at Risk. Here’s How.

Although the Canadian immigration system is welcoming, one of the government’s priorities is to keep Canadians safe. To achieve this, IRCC has to ensure that newcomers coming to Canada, both temporarily and permanently, are not inadmissible on criminal grounds.

What Criminal Inadmissibility Means 

Under Canada’s immigration law, if you have been convicted of a crime, or have committed a crime abroad, you may not be allowed to enter or remain in Canada. This is called criminal inadmissibility. The consequences of criminal convictions vary, depending on your status in Canada. We’ll talk about this some more later. 

The immigration law also draws a distinction between two levels of criminal convictions: criminality and serious criminality. 

Serious criminality covers offences that would carry a maximum (not necessarily actual) sentence of 10 years or more in Canada. This includes crimes like manslaughter, assault with a weapon, driving under the influence of alcohol or drugs (DUI), or drug trafficking.  

Criminality covers offences with a lower maximum sentence, such as theft where the value of things stolen is less than $5,000 or possession of small amounts of drugs.  

Generally, only foreign nationals can be found to be inadmissible for criminality. But both permanent residents and temporary residents can be inadmissible for serious criminality. (Canadian citizens cannot be inadmissible to their own country.) 

This doesn’t only apply to crimes committed in Canada; convictions from other countries are considered too. Canada assesses foreign convictions based on what the equivalent offence would be under Canadian law. Individuals can also be found inadmissible for having committed a crime abroad that would be considered a criminal offence in Canada, even if they weren’t convicted. 

How Criminal Inadmissibility is Assessed in Canadian Immigration 

Criminal admissibility is assessed at different points in the immigration process. It is first assessed when you apply for a visa or eTA, and again when you arrive at a port of entry. A border services officer or immigration officer will decide if you can enter or remain in Canada. 

For criminal convictions in Canada, IRCC and Canadian Border Services Agency (CBSA) also receive screening information or updates from the Royal Canadian Mounted Police (RCMP) and other law enforcement bodies. 

If you’re found inadmissible on criminal grounds, you can be denied a visa or an Electronic Travel Authorization (eTA), refused entry into Canada, or removed from the country. Your immigration status can also be revoked. 

Consequences of Criminal Conviction by Immigration Status in Canada 

The impact of a criminal record is not the same for everyone. Where you are in your immigration journey determines what’s at risk.  

Applying For Temporary or Permanent Residence 

If you’re applying for permanent or temporary residence from abroad, a criminal record can derail your plans.  

PR applicants need to submit police clearance certificates from all countries they have lived in for more than six months, since the age of 18. All permanent residence (PR) and temporary residence (TR) applicants must also disclose if they have ever been arrested or charged or convicted of a crime. IRCC will review the police clearances and declarations and also do their own background checks. Based on those, they will assess the seriousness of the crime, the equivalent offence and conviction under Canadian law. 

If the visa officer makes a finding of inadmissibility, this could mean a refusal. You may not be able to enter Canada until the issue is resolved. Depending on the offence and how much time has passed, there are possible remedies, which we discuss later. 

If the border officer at the airport or land border finds you inadmissible, you can be denied entry into Canada. 

Temporary Resident of Canada 

If you’re already in Canada on a work permit, study permit, or a visitor visa, a criminal conviction (in Canada or abroad) can put your status at risk.  

A conviction in Canada will be on record with Canadian authorities. A conviction abroad may surface when you submit a new application or re-enter Canada after spending time outside the country. 

A finding of inadmissibility while you’re in Canada can result in a removal order. This means you could be required to leave the country or even be deported for serious offences. Depending on your situation, you may also lose your authorization to work or study. Moreover, a criminal conviction will also make it harder to renew your status or qualify for PR, even if you’re eligible. 

If you’re found criminally inadmissible at the port of entry, you can be refused entry to Canada.  

Permanent Resident of Canada 

Unlike foreign nationals, permanent residents can generally not be found inadmissible for criminality. However, a conviction for serious criminality can have serious consequences for your PR status, including potential deportation. The seriousness of crimes is based on the Criminal Code and may not always be obvious. For instance, since 2018, a DUI is considered serious criminality. 

For permanent residents, the consequences can be far-reaching, including being deported to a country where they have no connections anymore and potential family separation, even after having served a sentence. Once a removal order comes into force, they will also lose their PR status. 

Even a minor criminal conviction can have some impact on your status in Canada. For instance, any time spent in prison or on parole does not count toward the residency requirement for your citizenship application. 

What To Do If You Have a Criminal Record 

Criminal inadmissibility is not always permanent. Depending on the crime, how long ago it was, and how you have behaved since, you may still be allowed to come to Canada. Here are some remedies to address criminal inadmissibility in the immigration context: 

Lenient Sentencing 

Technically, this one comes into play before the conviction. 

There have been cases where individuals already in Canada have managed to get lesser convictions, to protect their immigration status in Canada. This requires working with a criminal lawyer who also understands immigration law or getting your lawyer to work closely with an immigration consultant. 

In a recent case, a permanent resident who was found guilty of stealing more than $7,000 worth of products was given a reduced sentence of five and a half months of house arrest, so she wouldn’t get deported. Given the value of items, this offence would normally be classified as serious criminality, with a maximum sentence of 10 years in prison. It could have made her inadmissible and cost her PR status. 

Criminal Rehabilitation 

Rehabilitation only applies in the case of crimes committed or convictions made outside Canada. Most importantly, even if you have been rehabilitated, you must disclose the offence and arrest on your application.

There are two categories here: deemed rehabilitation and rehabilitation. 

If you were convicted of a less serious crime outside Canada (where the equivalent in Canada has a maximum sentence of less than 10 years), you may be considered deemed rehabilitated 5 or 10 years after the completion of the sentence, depending on the type of conviction. If you were only charged with a crime, you may be deemed rehabilitated 10 years after the offence was committed. You don’t need to apply to be deemed rehabilitated (but it’s a good idea to still do so). 

Notably, the deemed rehabilitation option may not be available if you have been convicted of two offences (some exceptions apply based on type of conviction). 

You may also be eligible to apply for rehabilitation five years after completing a sentence for an offence outside Canada. Unlike deemed rehabilitation, the option for rehabilitation is available to individuals who’ve been convicted of serious crimes as well.  

Not all applications for rehabilitation are allowed or approved. Officers have a lot of discretion in these matters. 

Record Suspension 

This only applies to convictions in Canada. This essentially “deletes” the Canadian conviction for immigration purposes, but you must still disclose it on your application. When you can apply for a record suspension varies based on the severity of your crime. It can be anywhere from three to 10 years, and for some serious crimes, record suspension isn’t an option.  

Foreign Pardons 

A foreign pardon is like a record suspension in Canada. You must declare the offence on your application. IRCC only considers pardons from countries that have a criminal justice system that is similar to Canada. 

Temporary Resident Permit (TRP) 

Not to be confused with a temporary resident visa, a TRP is an extraordinary measure that allows a foreign national to temporary enter and remain in Canada. It does not permanently overcome your inadmissibility. Instead, a TRP application asks the officer to assess whether your reason for being in Canada outweighs the risk you pose.  

TRPs are generally issued for amount of time you need to remain in Canada. It can be up to three years long, with the possibility of renewal. 

A TRP is specific to the inadmissibility assessed, so having a TRP does not mean you will be safe in case a different inadmissibility arises (such as another criminal conviction). If you want to apply for another TRP later, the officer will assess the risk arising from both the existing and new inadmissibility. 

Holders of a TRP with a validity of over six months may be eligible for a work or study permit. If a TRP holder remains in Canada for more than three consecutive years, they may also qualify for permanent residence under the Permit Holders Class. 

Humanitarian and Compassionate Application (H&C) 

Permanent resident applicants who are inadmissible on criminal grounds (not serious criminality) may be able to request an exemption from the admissibility requirement. However, this application can only be made if there are sufficient humanitarian and compassionate grounds to justify the exemption.  

Canadian courts have defined H&C factors as those that can “excite in a reasonable man in a civilized society a desire to relieve the misfortunes of another.” In practice, H&C factors can include establishment in Canada, separation of family members if the applicant is removed from the country, best interests of any child involved, or any hardship they would face if forced to leave.Officers have a lot of discretion in assessing these applications, and it takes a long time for decisions to be made. 

Moreover, if you’re in Canada, making an H&C application does not in itself defer removal. You may still need to leave the country and wait abroad until a decision is made. 

None of these options are straightforward or quick. If you think you may be inadmissible on criminal grounds, it is best to speak with a regulated Canadian immigration consultant to understand the implications and your options.