On This Page You Will Find
- Who is criminally inadmissible to Canada
- How to assess your situation
- Pathways to overcome inadmissibility
- How rehabilitation and TRP applications work
- What officers consider in decisions
- Frequently asked questions
Understanding Criminal Inadmissibility in Canada
Canada can refuse entry to people with past criminal activity. This applies to both foreign nationals and permanent residents. The rules depend on where the offence took place, how it is treated under Canadian law, and whether the person has since been pardoned, discharged or rehabilitated.
Being found criminally inadmissible does not always mean you cannot enter Canada. People may overcome inadmissibility through rehabilitation or a Temporary Resident Permit. The best option depends on the seriousness of the offence, the time passed since the incident and your current circumstances.
Step 1: Determine Whether You Are Criminally Inadmissible
You may be inadmissible to Canada if:
- you were convicted of a crime in Canada
- you were convicted of a crime abroad that is considered a crime in Canada
- you committed an act abroad that is a crime both in the country where it occurred and in Canada
If charges were withdrawn or dismissed
- You are admissible if the incident occurred in Canada.
- You may still be inadmissible if it occurred outside Canada.
If you received an absolute or conditional discharge
- You are admissible if the offence occurred in Canada.
- You may still be inadmissible if it occurred outside Canada.
If you received a pardon
- You are admissible if pardoned in Canada under the Criminal Records Act.
- You may still be inadmissible if pardoned abroad.
If you were a young offender
You may be admissible if:
- you were dealt with under the Young Offenders Act or Youth Criminal Justice Act and did not receive an adult sentence
- you were convicted in another country as a young offender
- you were convicted abroad and the circumstances suggest you would have been treated as a youth in Canada
You may be inadmissible if:
- you were convicted in adult court abroad while that country had separate youth provisions
- you were convicted in a country without youth provisions and you would have been treated as an adult in Canada
If you are criminally inadmissible, you must choose a pathway to address your situation.
Step 2: Choose a Pathway to Overcome Inadmissibility
Canada recognises two forms of rehabilitation, as well as the Temporary Resident Permit option.
1. Deemed Rehabilitation
This occurs automatically once enough time has passed since completion of your sentence, depending on the offence. There is no formal application. You may request a written opinion from a visa office.
2. Individual Rehabilitation
This is a formal application showing that you are unlikely to re-offend. You may apply five years after completing your sentence. This is the preferred option for most criminally inadmissible applicants.
3. Temporary Resident Permit (TRP)
A TRP may allow entry even when you are not rehabilitated. It is issued in situations where the need to enter Canada outweighs any risk. TRPs are generally temporary and discretionary.
Step 3: Complete the Correct Application
Applying for Deemed Rehabilitation
There is no application form. You may request an opinion from a Canadian visa office abroad.
Applying for Individual Rehabilitation
You must complete:
- Document Checklist (IMM 5507)
- Application for Criminal Rehabilitation (IMM 1444)
- Approval of Rehabilitation fee form (IMM 5310)
- Use of a Representative (IMM 5476), if applicable
You must include court records, police certificates, detailed personal statements and supporting documents.
Applying for a Temporary Resident Permit
There is no single TRP form. Requirements vary by visa office or port of entry.
- If you need an eTA to enter Canada, you apply only for a TRP.
- If you require a visitor visa, you must apply for both the visa and a TRP.
People with past involvement in organised crime must apply for a TRP from outside Canada.
Step 4: Pay the Required Fees
- Deemed Rehabilitation: no fee for an opinion request
- Individual Rehabilitation: $200, plus $800 for serious offences
- Temporary Resident Permit: $200 (some exemptions apply)
Step 5: Submit Your Application
If applying for individual rehabilitation
- If inside Canada: mail your application to the Immigration Centre for your region.
- If outside Canada without a visa: submit through a Visa Application Centre, along with your visa application.
- If outside Canada with a valid visa: send your rehabilitation application to the responsible visa office.
If applying for a TRP
You may apply abroad or at a port of entry. Procedures vary by location, so you must follow the instructions for your specific visa office or port.
What Happens After You Apply
An officer will review your application and assess factors such as:
- number and nature of offences
- seriousness and circumstances of the crime
- your behaviour since the incident
- your explanation of the offence
- evidence of rehabilitation
- risk of re-offending
- community references
- your purpose for entering Canada
Processing times vary:
- Deemed Rehabilitation opinion: up to six months
- Individual Rehabilitation: often more than one year
- TRP: varies based on urgency
Factors that speed up processing
- submitting complete documents
- clear translations
- updated contact information
Factors that cause delays
- missing signatures
- unclear copies
- incomplete information
- medical issues
- background or security concerns
- consultation with other government departments
Frequently Asked Questions
What is the difference between deemed and individual rehabilitation?
Deemed rehabilitation happens automatically once enough time has passed after completing your sentence. Individual rehabilitation requires a formal application proving that you are unlikely to re-offend. It is available five years after completing your sentence and is the main option for many applicants.
Can I enter Canada with a Temporary Resident Permit instead of being rehabilitated?
Yes. A TRP allows temporary entry even if you are still criminally inadmissible. It is issued when your need to enter Canada outweighs potential risks. TRPs are discretionary, can be refused without detailed explanation, and do not replace the need for rehabilitation in the long term.
How long does it take to be approved for individual rehabilitation?
It often takes more than one year. Officers review your entire history, behaviour since the offence and risk of re-offending. Complex cases, missing documents or required consultations can cause additional delays.
Do pardons from other countries make me admissible to Canada?
Not necessarily. A Canadian pardon under the Criminal Records Act restores admissibility. Foreign pardons do not automatically remove inadmissibility and must be assessed case by case to determine whether the underlying conduct would still be considered a crime in Canada.
Can young offender convictions make me inadmissible?
It depends. If your case would have been treated as a youth matter in Canada, you are likely admissible. If you were tried as an adult abroad, or the circumstances suggest you would have been tried as an adult in Canada, you may still be inadmissible and need to pursue rehabilitation or a TRP.
