Criminal Inadmissibility and Temporary Resident Permits (TRP)

On This Page, You Will Find:

• What criminal inadmissibility means under Canadian law
• The difference between criminality and serious criminality
• What a Temporary Resident Permit does, and what it does not do
• Current TRP fees, validity limits and conditions
• Deemed rehabilitation rules and timelines
• Individual criminal rehabilitation fees and eligibility
• Record suspensions and other routes
• Where and how to apply
• Frequently asked questions

A criminal record does not automatically close the door to Canada, but it does change how you must plan a trip. Immigration, Refugees and Citizenship Canada (IRCC) assesses a foreign conviction by asking what the equivalent offence would be under Canadian federal law, not by how the offence is labelled where it happened.

Depending on the offence and how much time has passed, there are four recognised ways to deal with a finding of criminal inadmissibility: deemed rehabilitation, individual criminal rehabilitation, a record suspension, or a Temporary Resident Permit (TRP).

This page sets out the general framework and the current fees. It is general information only and is not legal advice. Anyone with a conviction on their record should speak to a qualified Canadian immigration lawyer before travelling or applying.

What Criminal Inadmissibility Means

Under the Immigration and Refugee Protection Act (IRPA), a foreign national who has committed or been convicted of an offence may be refused a visa, an Electronic Travel Authorization (eTA), or entry at a port of entry.

IRCC applies an equivalency test. An officer compares the foreign offence to the closest Canadian offence in the Criminal Code or the Controlled Drugs and Substances Act, then looks at the maximum penalty that Canadian offence carries.

Offences that commonly trigger inadmissibility include:

• theft, fraud and other property offences
• assault and other offences against the person
• dangerous driving and impaired driving
• possession of, or trafficking in, controlled substances
• manslaughter and other serious violent offences

A conviction incurred while under the age of 18 does not necessarily make a person inadmissible.

Criminality Versus Serious Criminality

The distinction matters because it decides which remedies are open to you.

• Criminality generally covers offences whose Canadian equivalent carries a maximum term of less than 10 years, or two or more summary-type offences.
• Serious criminality generally covers offences whose Canadian equivalent is punishable by a maximum term of at least 10 years, or where a term of more than six months was actually imposed in Canada.

Deemed rehabilitation is only available where the equivalent Canadian offence carries a maximum prison term of less than 10 years. That single line is why many modern impaired driving convictions can no longer be resolved by simply waiting.

What a Temporary Resident Permit Does

A TRP grants temporary resident status to a foreign national who is inadmissible, or who does not meet a requirement of IRPA. It is issued for a limited period and can be cancelled at any time.

A TRP does not permanently overcome inadmissibility, and it does not substitute for meeting IRPA’s other requirements. It is a discretionary bridge, not a cure.

To be eligible, you must:

• be a foreign national
• be inadmissible to Canada, or fail to meet an IRPA requirement
• not currently hold temporary resident status
• have a compelling reason to enter or stay in Canada temporarily

The officer weighs your need to enter or remain against the health or safety risk to Canadian society. Even where the underlying inadmissibility looks minor, the reason for travel must still be compelling. There is no guarantee of issuance.

Compelling reasons are assessed case by case, but typically involve business obligations, a family emergency, a professional engagement or specialised work that benefits Canadian interests.

TRP Fees, Validity and Conditions

The TRP processing fee is C$246.25 per person. No fee is charged for an initial or subsequent TRP, or for an associated work or study permit or biometrics, where the applicant is a victim of human trafficking, a victim of family violence, or a foreign national who was in state care.

Key operating rules:

• a TRP can be issued for a maximum of three years
• it may be cancelled at any time
• it stops being valid once you leave Canada, unless it expressly states that it is valid for re-entry
• applicants do not benefit from maintained status while a TRP application is in progress, including current holders applying for a subsequent permit
• if you hold a TRP valid for at least six months, you may apply from within Canada for a work permit or a study permit

If you are approved from outside Canada, IRCC places a counterfoil in your passport. The expiry date on that counterfoil is the date by which you must arrive, not the length of your stay. A border services officer issues the status document that sets your permitted period in Canada, and can still refuse entry.

TRP holders are expected to obey Canadian law, comply with the permit’s conditions, take steps to resolve the underlying inadmissibility, and not work or study without the appropriate permit.

Long-term holders who maintain continuous permit status may eventually become eligible under the Permit Holders Class for permanent residence. That application carries a fee of C$990 including the right of permanent residence fee, or C$390 without it.

Deemed Rehabilitation

Deemed rehabilitation means enough time has passed that the conviction may no longer bar entry. No application is filed and no approval letter is issued, which is precisely why it is risky to rely on without an assessment.

IRCC looks at the offence, the time elapsed since the sentence was completed, and the number of offences:

• 10 years since completion of the sentence for one indictable-equivalent offence
• five years since completion of the sentence for two or more summary-equivalent convictions
• in every case, the equivalent Canadian offence must carry a maximum prison term of less than 10 years

Completing the sentence means everything: fines paid, custody served, probation finished and restitution made.

For a port-of-entry assessment, IRCC also expects that there was only one conviction in total, that at least 10 years have passed, that the offence is not considered serious in Canada, and that it did not involve serious property damage, physical harm to a person, or a weapon.

Residents of the United States are assessed at a Canadian port of entry rather than through a US visa office. Everyone else can be assessed by the visa office responsible for their region, which is the safer route. A request is never guaranteed to succeed.

Individual Criminal Rehabilitation

Individual criminal rehabilitation is the permanent fix. Once granted, the conviction no longer renders you inadmissible, unless you offend again.

At least five years must have passed since both:

• the end of the criminal sentence, including probation, and
• the day you committed the act that made you inadmissible

The processing fee depends on the classification of the offence:

• C$246.25 where you are inadmissible on grounds of criminality
• C$1,231.00 where you are inadmissible on grounds of serious criminality

The fee is not refundable if the application is refused. IRCC warns that these applications can take over a year to process, so they should be filed well ahead of any planned travel.

Record Suspensions and Other Routes

If the conviction was in Canada, the route is a record suspension from the Parole Board of Canada. A Canadian record suspension removes the inadmissibility.

A pardon or discharge granted in another country is not automatically recognised. The visa office serving your region decides whether it is valid for Canadian immigration purposes.

Separately, anyone who was removed from Canada and needs to return may require an Authorization to Return to Canada, which carries a fee of C$492.50. That is a distinct requirement from criminal inadmissibility and can apply on top of it.

Where and How to Apply

The route depends on where you are and what you are asking for:

• TRP from outside Canada: apply to the responsible visa office, or request one at a port of entry in urgent cases
• TRP from inside Canada: apply to IRCC; an approved permit is mailed to the address on file
• Criminal rehabilitation filed on its own: submit to the visa office responsible for your region by mail or courier only, with the processing fee
• Criminal rehabilitation filed with a temporary residence application: submit everything together at the nearest Visa Application Centre
• eTA applicants: file the rehabilitation application first and wait for confirmation before applying for the eTA

Current processing times and the full fee schedule should be checked before filing, as both change.

Frequently Asked Questions