Frequently asked questions: Overcoming criminal inadmissibility
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 in any country decides you are not guilty of committing a crime, you will not be considered criminally inadmissible. However, you could be found inadmissible if you were found guilty later by a civil court.
Also, a visa officer has the right to find someone inadmissible, even if they were not charged, if he or she is satisfied the person committed a crime.
I was convicted of driving while under the influence of alcohol or drugs. Am I criminally inadmissible?
If you have been convicted of driving while impaired by alcohol or drugs, you will probably be found criminally inadmissible to Canada.
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;
- you have charges pending against you; or
- an officer has credible information that you committed an offence outside Canada.
I have been charged with a crime but I left Canada before my trial began. Will I be allowed to enter Canada to attend my trial, or for other reasons?
You are considered criminally inadmissible if you have charges pending against you. However, there may be situations when you need to enter Canada — for example, to attend your trial. If you can show that you have a compelling reason to travel to Canada and that you do not pose a risk because of your inadmissibility, you may be able to apply for a Temporary Resident Permit to cover the time your trial will take.
What is rehabilitation?
Rehabilitation means that you lead a stable life and that you are not likely to commit new crimes. If you are deemed criminally inadmissible by law, at some point you may be considered rehabilitated. If you want to come to Canada, but you have committed or been convicted of a crime outside Canada, you may apply for rehabilitation to enter Canada.
You will usually be required to prove that at least five years have passed since the end of any sentence imposed (including any period of parole/probation), and that you have a stable lifestyle, permanent residence, employment, and letters of reference attesting to your good character which would show that further criminal activity is unlikely.
If you are outside of Canada, applications for rehabilitation should be sent to the visa office nearest to you. If you are in Canada, your application should be sent to the nearest Citizenship and Immigration Centre. The same application can be used inside or outside Canada. Contact a Citizenship and Immigration Centre in Canada or a Canadian embassy, high commission or consulate outside Canada.
For more information, see Overcoming criminal inadmissibility.
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 the seriousness of the crime. You should pay $200. You will be informed if further fees are required.
Are processing fees refundable?
Processing fees are not refundable whether or not your application is approved. If your application is refused and you decide you want to apply again, you will have to pay a new processing fee.
10. When am I eligible to apply for rehabilitation?
You are eligible to apply for rehabilitation if:
- you committed a crime outside Canada (for which you were not charged) and five years have passed since or
- you were convicted of a crime outside Canada and five years have passed since the end of your sentence.
For example:
In 1989, I was convicted of driving while impaired in the United States. I did not serve any time in prison and I have had no other convictions. Will I be allowed to enter Canada?
Based on your circumstances, it is possible an immigration officer would find you deemed rehabilitated under a system called deemed rehabilitation. Deemed rehabilitation applies to people who have one previous conviction over 10 years ago. If an immigration officer finds you deemed rehabilitated, you will probably be allowed to enter Canada as long as all other requirements are also met.
On June 3, 2003, I was convicted of driving under the influence and had my driver’s licence taken away from me for three years. When am I eligible to apply for rehabilitation?
Your sentence — which includes the period your licence was suspen ded — ends on June 3, 2006. Count five years from the end date of the suspension or the date your driver’s licence is reinstated. You would therefore be eligible to apply for rehabilitation on June 3, 2011.
I was convicted of a crime on December 13, 2002, and received a jail sentence of three months. When will I be eligible to apply for rehabilitation?
You can apply for rehabilitation five years after the end of your sentence . If your three-month jail sentence ended March 13, 2003, you have been eligible to apply for rehabilitation since March 13, 2008, as long as no other terms ( for instance. parole, probation, etc.) were imposed on your sentence.
I have one conviction for which I was given three years of probation. Do I apply for rehabilitation after my probation is finished?
No. You are not eligible for rehabilitation until five years after the end of your sentence . Since probation is included in your sentence, you can apply for rehabilitation five years after you complete your probation.
For more information, see Overcoming criminal inadmissibility.
I am currently on parole. Will I be allowed to enter Canada?
No. If you want to come to Canada, you must apply for rehabilitation five years from the day you complet e your parole.
What can I do if I must come to Canada but I do not qualify for rehabilitation?
If you can show that you have a compelling reason to travel to Canada and that you do not pose a risk because of your inadmissibility, you may be able to apply for a Temporary Resident Permit which would allow you 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.
For more information, see Temporary resident permits.
How can I find out whether an offence committed outside Canada is considered a criminal offence in Canada?
This is a very difficult and complex task. It involves comparing the elements of Canadian law with those of the foreign jurisdiction. We recommend you fill out the application for rehabilitation and check off the box “for information only.”
A visa officer will review the details of your case and assess if you are criminally inadmissible. There is no fee for this type of application. (Note: if you live in the U.S., this option is not available to you. See Deemed Rehabilitation for more information.)
You may also review the Canadian Criminal Code to find an equivalent of a foreign offence in Canadian law.