Criminal Inadmissibility

Criminal Inadmissibility

Overcome barriers to entering Canada

Deemed Rehabilitation

Persons who are inadmissible for Canadian immigration on grounds of criminality may still be permitted to enter Canada if they qualify for Deemed Rehabilitation.

Persons qualify for Deemed Rehabilitation if:

  • Ten years have elapsed since the completion of the sentence for an offence, which, if committed in Canada, would be equivalent to an indictable offence.
  • Five years have elapsed since the completion of the sentence for an offence, which, if completed in Canada, would be equivalent to two or more summary offences.

Note: persons who are inadmissible on grounds of serious criminality cannot qualify for deemed rehabilitation and must apply for individual rehabilitation.

Individual Rehabilitation

Persons who do not qualify for deemed rehabilitation may still qualify for a Canadian visa under the Individual Rehabilitation category. To qualify for Individual Rehabilitation, the person must:

  • Wait five years after the completion of their sentence before applying; and
  • Demonstrate that they have been rehabilitated and no longer pose a risk of reoffending.

Processing times for Individual Rehabilitation are 9 to 15 months.

Temporary Residence Permit (TRP)

For individuals who are inadmissible to Canada because of health or criminality issues, a Temporary Resident Permit (TRP) application may allow them to enter Canada upon demonstrating that their entry to the country is compelling and conducive to the public good. 

A TRP can be applied for at any point (unlike Individual Rehabilitation). Processing times vary between 3 and 8 months depending on the country where the application is filed and the complexity of the case. The CIC processing fee is $200. A TRP is issued for the length of stay in Canada (up to 3 years) and may be extended from inside Canada. 

A Canadian Immigration Officer will weigh the Applicant’s reason’s for entering Canada against the health and security risks to the Canadian population. Applicants must be able to demonstrate that their entry into Canada is compelling.

Next Steps

Following the introduction of the Electronic Travel Authorization (ETA) requirement in November 2016, we are seeing increasing numbers of people contact us with a view to filing a TRP or Individual Rehabilitation application.

For more information please schedule a consultation


Canadian Legal Advice