If you have a criminal conviction in Canada, you must seek a record suspension (formerly a pardon). Under Canada’s immigration law, if you have committed or been convicted of a crime, you may not be allowed into Canada. In other words, you may be “criminally inadmissible.” This includes both minor and serious crimes, such as:
- Theft
- Assault
- Manslaughter
- Dangerous Driving
- Driving while under the influence of drugs or alcohol
- Possession of or trafficking in drugs or controlled substances
If you were convicted of a crime when you were under the age of 18, you may still be able to enter Canada. Depending on the crime and length of time you may need the following for admissibility:
- A rehabilitation request
- A record suspension
- A TRP
Overcoming Criminal Inadmissibility
Criminal Rehabilitation
Overcoming criminal inadmissibility, convictions, offences outside Canada. If you were convicted of or committed a criminal offence outside Canada, you may overcome this criminal inadmissibility by applying for rehabilitation, or TRP.
You may be deemed to have been rehabilitated if at least ten years have passed since you completed the sentence imposed upon you, or since you committed the offence, if the offence is one that would, in Canada, be an indictable offence punishable by a maximum term of imprisonment of less than ten years.
If the offence is one that would, in Canada, be prosecuted summarily, and if you were convicted for two (2) or more such offences, the period for rehabilitation is at least five (5) years after the sentences imposed were served or are to be served.
TRP
Temporary Residence Permit
If you are otherwise inadmissible but have a reason to travel to Canada that is justified in the circumstances, you may be issued a temporary resident permit.
To be eligible for a temporary resident permit, your need to enter or stay in Canada must outweigh the health or safety risks to Canadian society, as determined by an immigration or a border services officer. Even if the reason you are inadmissible seems minor, you must demonstrate that your visit is justified.
There is no guarantee that you will be issued a temporary resident permit. If you would like to receive a permit, you will have to pay a processing fee, which is not refundable.
A permit is usually issued for the length of your visit to Canada.
Have you been convicted in Canada and want to apply for a record suspension or formerly known as a pardon?
Pardons & Waivers in Canada
Making an Appeal Before the IRB
IAD Appeals
If you have a criminal conviction in Canada, you must seek a record suspension (formerly a pardon). Under Canada’s immigration law, if you have committed or been convicted of a crime, you may not be allowed into Canada. In other words, you may be “criminally inadmissible.” This includes both minor and serious crimes, such as:
Sponsorship Appeals
If Citizenship and Immigration Canada has refused the application of a Canadian citizen or a permanent resident to sponsor the immigration of a close family member to Canada, the sponsor may appeal to the IAD.
Removal Order Appeals
A permanent resident of Canada, a refugee, or a foreign national with a permanent resident visa who has been ordered removed from Canada, may also appeal to the IAD.
Residency Obligation Appeals
The law requires permanent residents to be physically present in Canada for at least 730 days out of every five years. If a permanent resident is outside Canada and a visa officer with Citizenship and Immigration Canada (CIC) finds that he or she has not met this residency obligation, the person may lose permanent resident status. The permanent resident may appeal the CIC decision.