Overcoming Criminal Inadmissibility: Canadian AND Foreign Convictions

If you have convictions in Canada and convictions/offenses outside of Canada, both an approval of rehabilitation and a pardon are required to overcome your inadmissibility.

Note: Your request for rehabilitation cannot be made until you have first obtained a pardon, except if you have only one summary conviction in Canada. In such instances, you may submit an application for rehabilitation for any convictions/offenses outside Canada if you can provide evidence that you have submitted an application for a pardon to the National Parole Board.

Overcoming Criminal Inadmissibility: Canadian Convictions.

If you have a criminal conviction in Canada, we can help you seek a pardon from the National Parole Board of Canada before you will be admissible to Canada. In order to be considered for a pardon under the Criminal Records Act, a specified period of time must pass after the end of the sentence imposed. The sentence may have been payment of a fine, period of probation, or imprisonment. The usual waiting period for offenses:

• if prosecuted by indictment is five (5) years.
• if punishable on summary conviction is three (3) years.

Once you have a copy of the pardon, send a photocopy to a Canadian visa office or Citizenship and Immigration Centre. If you are traveling to Canada carry a copy of the pardon with you. If you have had two or more summary convictions in Canada, you may no longer be inadmissible if:

•  at least five (5) years have passed since all sentences imposed were served or to be served,
•  you have had no other convictions.

Overcoming Criminal Inadmissibility: Foreign Convictions

If you were convicted of or committed a criminal offense outside Canada, you may overcome this criminal inadmissibility

• by applying for rehabilitation, or
• you may be deemed to have been rehabilitated if at least ten (10) years have passed since you completed the sentence imposed upon you, or since you committed the offense, if the offense is one that would, in Canada, be an indictable offense punishable by a maximum term of imprisonment of less than ten years.
• If the offense is one that would, in Canada, be prosecuted summarily and if you were convicted for two (2) or more such offenses, that period is at least five (5) years after the sentences imposed were served or to be served.

Inadmissibility for those convicted as juveniles.

In Canada, a young offender is someone who is 12 years of age or older but less than 18 years of age.

You are not inadmissible if:

> you were convicted in Canada under the Young Offenders Act or the Youth Criminal Justice Act, unless you received an adult sentence;

> you were treated as a young offender in a country which has special provisions for young offenders, or

> you were convicted in a country which does not have special provisions for young offenders but the circumstances of your conviction are such that you would not have received an adult sentence in Canada.

You are inadmissible if:

> you were convicted in adult court in a country that has special provisions for young offenders.

> you were convicted in a country which does not have special provisions for young offenders but the circumstances of your conviction are such that you would have been treated as an adult in Canada

Criminal Inadmissibility for individuals who have only been charged, been discharged or pardoned.

If you have been charged, discharged or pardoned, this chart will help you determine if you are inadmissible:

*You must provide an officer with complete details of charges, convictions, court dispositions, pardons, photocopies of applicable sections of foreign law(s), and court proceedings to allow the officer to determine whether or not you are inadmissible to Canada.

Am I "Criminally Inadmissible" to enter Canada?

In general, temporary residents and applicants applying for permanent residence are considered to be criminally inadmissible if the person:

> was convicted of an offense in Canada;

> was convicted of an offense outside of Canada that is considered a crime in Canada; and/or

> committed an act outside of Canada that is considered a crime under the laws of the country where it occurred and     would be punishable under Canadian law.

Note: In order to determine inadmissibility, foreign convictions and laws are equated to Canadian law as if they had occurred in Canada.

What is criminal inadmissibility?

In general, it is a term used to describe a person who will not be allowed to visit or stay in Canada because they have committed or been convicted of a crime in, or outside of, Canada.

I was charged with a crime in the United States and found “not guilty.” Am I criminally inadmissible?

No. When a court decides you are not guilty of committing a crime, you will not be considered criminally inadmissible.

I have been charged with a crime but my trial is still under way. Will I be allowed to enter Canada?

No. You are considered criminally inadmissible if:

• you have a trial under way;
• there is a warrant out for your arrest; or
• you have charges pending against you or an officer has credible information that you committed an offence outside Canada.

What is rehabilitation?

Rehabilitation means that you lead a stable life and that you are unlikely to be involved in any further criminal activity. If you want to come to Canada, but you have committed or been convicted of a crime, you may apply for rehabilitation to enter Canada.

Requests for rehabilitation should be made at a visa office outside Canada. Such a request usually requires proof that at least five years have elapsed since the end of any sentence imposed (including any period of parole/probation), and that further criminal activity is unlikely.

How long will it take to get a decision on my application for rehabilitation?

Applications for rehabilitation can take over a year to process, so make sure you plan for your visit far enough in advance.

How much are the processing fees to apply for rehabilitation?

The application fee for rehabilitation is either $200 or $1,000 (Canadian dollars) depending on whether, due to the seriousness of the criminal act or conviction, authority from the Minister is required.

Are processing fees refundable?

No. Processing fees are not refundable regardless of the final decision on your application. If your application is refused and you decide you want to apply again, a new processing fee will be required.

When am I eligible to apply for rehabilitation?

You are eligible to apply for rehabilitation if:

• you have committed a criminal act outside of Canada (for which you were not charged) and five years have passed since the act; or
• you have been convicted outside of Canada and five years have passed since the end of the sentence imposed.

I am currently on parole. Will I be allowed to enter Canada?

No. Should you wish to come to Canada, you must apply for rehabilitation after your parole ends. You can apply for rehabilitation five years from the completion of parole.

What can I do if I must come to Canada but I do not qualify for rehabilitation?

If less than five years have elapsed or if justified by extremely compelling circumstances, people who are inadmissible to Canada may be issued a temporary resident permit allowing them to enter or remain in Canada.

Note: Temporary resident permits are only issued in exceptional circumstances, for reasons of national interest or on strong humanitarian or compassionate grounds. A temporary resident permit may be cancelled at any time.

How can I find out whether an offense committed outside Canada is considered a criminal offense in Canada?

This is a very difficult and complex task. It involves comparing the elements of Canadian law with those of the foreign jurisdiction. 

It is recommended that you file a “for information only” application for rehabilitation to have Citizenship & Immigration Canada review your eligibility.  This will not prejudice any future applications and may, in some instances, still be processed if you are eligible.