How to Overcome a Finding of Inadmissibility for Past Criminal Activity

Colin R. Singer
February 25, 2017

A step-by-step guide on how to overcome a finding of inadmissibility for past criminal activity.

Individuals who have been involved in certain criminal acts may be deemed inadmissible to Canada. If you are deemed inadmissible to Canada, you will not be allowed to enter the country. There are certain ways however in which a person can overcome a finding of inadmissibility and regain the right to enter Canada.

Here are the steps that a criminally inadmissible person should follow in order to gain entry into Canada.

Step 1: Determine whether you are criminally inadmissible to Canada

Step 2: Picking an Avenue to Overcome Your Inadmissibility Finding

Step 3: Complete Your Application

Step 4: Pay Your Fees

Step 5: Submitting Your Application

Step 1: Determine whether you are criminally inadmissible to Canada

Usually, foreign nationals or permanent residents will be inadmissible to Canada if:

They were convicted of a crime inside of Canada.
They were convicted of a crime outside of Canada that is considered a crime inside of Canada.
They committed a crime outside of Canada that is considered a crime in the country in which the crime occurred AND is considered a crime in Canada.

For more information on how to determine whether you are criminally inadmissible to Canada, see the following links:

Whether or not you are inadmissible to Canada, may also depend on whether or not you have been charged, discharged or pardoned for the crimes you committed.

If your charges were withdrawn or dismissed:

You will be admissible to Canada if the crime occurred in Canada.
You may be inadmissible to Canada if the crime occurred outside of Canada. For more information on assessing inadmissibility, see the two links above.

If you have received an absolute or conditional discharge:

You will be admissible to Canada if the crime occurred in Canada.
You may be inadmissible to Canada if the crime occurred outside of Canada. For more information on assessing inadmissibility, see the two links above.

If you have been granted a pardon for your crime:

If the crime occurred in Canada and you were pardoned under the Criminal Records Act, you will be admissible to Canada.
You may be inadmissible to Canada if the crime occurred outside of Canada. For more information on assessing inadmissibility, see the two links above.

Lastly, your inadmissibility for committing a crime may be altered if you were convicted while being between the ages of 12 and 18.

You will be admissible to Canada if:

You were convicted in Canada under the Young Offenders Act or the Youth Criminal Justice Act and did not receive an adult jail term.
You were convicted as a young offender in a country that has special laws for young offenders.
You were convicted in a country that does not have special laws for young offenders but the circumstances of your conviction were such that you would have been tried as a young offender if convicted in Canada.

You will not be admissible to Canada if:

You were convicted in an adult court in a country that has special laws for young offenders.
You were convicted in a country that does not have special provisions for young offenders but the circumstances of your conviction were such that you would have been tried as an adult if convicted in Canada.

If you are found to be criminally inadmissible to Canada, you must then decide how you will attempt to overcome this finding of inadmissibility.

Step 2: Picking an Avenue to Overcome Your Inadmissibility Finding

The Canadian government suggests that rehabilitation should be the first method that all criminally inadmissible people pursue when attempting to overcome an inadmissibility finding. There are two main types of rehabilitation:

Deemed Rehabilitation.
Individual Rehabilitation.

For general information on rehabilitation, click here.

For more information on deemed rehabilitation, click here (Deemed Rehabilitation).

For more information on individual rehabilitation, click here.

If you are not able to be deemed rehabilitated or are not able to apply for individual rehabilitation, you may still gain permission to enter Canada despite your criminal inadmissibility. This permission is granted in the form of a temporary resident permit (TRP). For more information on how to get a TRP, click here.

Step 3: Complete Your Application

There are different application processes for rehabilitation and TRPs.

Applying for Rehabilitation

There is no formal application process for deemed rehabilitation as deemed rehabilitation depends entirely on the how much time has passed since the crime was committed. You can, however, ask the Canadian government for an opinion as to whether or not you can be deemed rehabilitated. For more information on this, click here. (Deemed Rehabilitation)

In order to apply for individual rehabilitation, you must complete the following forms:

Document Checklist (IMM 5507) (PDF, 179.76 KB).
Application for Criminal Rehabilitation (IMM 1444) (PDF, 1.18 MB).
Fees for Immigration Services, Approval of Rehabilitation (IMM 5310) (PDF, 555.64 KB).
Use of a Representative (IMM 5476) (PDF, 647.96 KB). Note: this form is only needed if you are going to hire an immigration expert to assist you with your application.

Applying for a Temporary Residence Permit (TRP)

If you live in a country whose citizens are required to have an eTA in order to enter Canada, you only need to submit a TRP application in order to enter Canada. To find out if your country of residence is an eTA-required country, click here.

If you are from a country whose citizens are required to have a visitor visa to enter Canada, you will have to obtain the visitor visa on top of applying for a TRP. To find out if your country of residence is one whose citizens must have a visitor visa before entering Canada, click here.

There is no one specific form that is used to apply for a TRP. Forms may vary depending on whether you apply from a Canadian visa office abroad or at a Canadian port of entry.

Step 4: Pay Your Fees

Deemed Rehabilitation

If you are applying for an opinion on whether you will be deemed rehabilitated, there is no fee.

Individual Rehabilitation

If you are applying for individual rehabilitation, a fee of $200 will apply. If the crime you committed is severe, you may need to pay an additional $800 fee. For more information on the definition of “severe crime”, click here.

Temporary Residence Permit (TRP)

Usually the processing fee for TRP applications is $200. In certain cases, however, you may be exempt from the fee. For more information on TRP fees, click here.