Criminal Records and Entry to Canada
How a past conviction affects your immigration options, and what can be done about it
Can you obtain permanent residence in Canada if you have a criminal record? This article offers a concise overview of how to approach the question, where to start, and what legal principles apply.
How a Criminal Record Affects Entry to Canada
The first thing to understand:
It is not the criminal record that affects entry to Canada – it is the offence that led to it.
A criminal record is simply the official confirmation that a person committed a prosecutable offence. It is therefore more accurate to ask how the offence itself affects the ability to enter Canada.
But offences vary enormously – from smoking in a prohibited area or minor hooliganism to armed robbery as part of an organised group. Their impact on the ability to enter Canada will differ just as widely.
How Entry Eligibility Is Assessed
To determine whether a criminal record (or, more precisely, the specific offence) prevents entry to Canada, immigration authorities consider the following key factors:
- The nature, circumstances, and how long ago the offence was committed
- Whether the imposed sentence has been fully served
These details are used to assess the penalty that Canadian law would impose for the same offence. In other words, the critical question is:
If this offence had been committed in Canada, what would the maximum possible punishment be?
The answer, together with the circumstances of the offence, determines which category of inadmissibility applies:
- Criminality
- Serious criminality
- Organized criminality
All three categories equally prohibit entry to Canada. The difference lies in how long the ban lasts (or lasted) and what measures can be taken to have it lifted.
How the Entry Ban Works
If an applicant is found inadmissible under any of the three categories above, the consequences are as follows:
- Entry to Canada is prohibited regardless of the immigration program or visa type
- In the case of a permanent residence application, the ban extends to all family members included in the application
Should You Apply If You Have a Record?
It would be extremely frustrating to invest significant effort in preparing and submitting a visa application only to receive a refusal because of a past offence. For this reason, any visa process is best preceded by an assessment of how the offence will affect entry to Canada.
Such an assessment can be performed either by immigration authorities during the processing of an application, or separately and in advance by a qualified immigration professional. Based on the facts and documents related to the conviction, a legal analysis is conducted and a conclusion is reached as to whether the offence prevents entry to Canada, and what steps can be taken to lift the ban.
You can contact us for this assessment. It will require all available materials related to the offence and conviction: court judgments, sentencing orders, appeal decisions, records of expungement or pardon, suspended sentences, and any other relevant documents.
You will receive a written legal opinion citing the specific provisions of Canadian law, explaining the impact of the offence on your ability to enter Canada. The information in this opinion will be sufficient to make an informed decision about whether the ban can be lifted (if one is in effect) and whether it makes sense to proceed with a visa application.
Book a consultation to discuss your situation
Can You Omit Your Record from the Application?
That is your choice to make.
However, the consequences of concealing a criminal record in an immigration application – whether immediately or down the road – can be severe. There are also at least two straightforward ways Canadian authorities can learn about a conviction even if it is not disclosed.
Wherever a criminal record is asked about in an immigration context, the question is phrased as: "Have you ever been convicted of a criminal offence?" This automatically requires an answer of "yes" regardless of whether the conviction has been expunged or pardoned, whether it appears on a police clearance certificate or not, or whether it occurred one year ago or forty years ago.
As noted at the outset, it is the offence that affects entry to Canada, not the conviction. Expungement, pardon, or any other form of clearing the record does not change this – the offence remains an offence regardless. A conviction can be removed from official records, but the offence cannot be removed from a person's history.
What If There Is an Entry Ban?
If an offence has resulted in a ban on entry to Canada, the options for having it lifted depend primarily on which category of inadmissibility applies and on how much time has passed since the offence was committed and the sentence completed.
A minor offence committed many years ago may have triggered a ban that lasted several years – and in many cases that ban has since expired on its own.
If a ban for a lesser offence is still in effect, Canadian immigration law may provide a path to criminal rehabilitation through a separate application process.
In more serious cases where rehabilitation is not available under the legislation, it may still be possible to apply for a Temporary Resident Permit (TRP) – a discretionary permit that, if approved, allows entry despite the ban.
The most severe cases, while still leaving open the possibility of requesting a TRP, carry significantly lower chances of approval. In such situations, the entry ban may remain in effect for life.
The answer to which remedies are available in any given case is provided in the written legal opinion that our team prepares as part of the criminal record assessment. This opinion is delivered in writing; it typically runs several pages and is completed within two to four weeks, depending on the volume of materials related to the conviction.
The Legal Framework
It is important to note that everything related to entry to Canada – including entry bans on various grounds – is governed exclusively by Canadian law.
This means that interpretations based on the criminal law of the country where the conviction occurred – such as expungement, early discharge, rehabilitation under local statutes, and similar provisions – have no bearing on the Canadian assessment. Only the provisions of Canadian legislation apply.
A criminal record does not have to be a dead end for your plans to visit or immigrate to Canada. The key is to understand its impact before you apply. Lawpoint Immigration has over fifteen years of experience with Canadian immigration law, including criminal inadmissibility assessments and the remedies available under Canadian legislation.