Are you inadmissible to Canada?
In general, if you were convicted of an offence in Canada or outside of Canada that is considered a crime in Canada, you are considered to be criminally inadmissible to Canada. Offences involving operation of a motor vehicle while impaired by alcohol or drugs will, with very rare exceptions, render persons criminally inadmissible to Canada.
If you are inadmissible to enter Canada legally for any purpose and length of time, you must apply for one of the following:
Additional information can be found under the Frequently asked questions (FAQ).
Where to Apply
As of January 29, 2013, new applications for a Temporary Resident Permit (TRP), Rehabilitation or Authority to Return to Canada (ARC) made by an applicant who is not also applying for a Temporary Resident Visa (TRV), study permit, work permit or Permanent Resident application should be submitted to the visa office in New York or Los Angeles.
If an inadmissibility issue is identified by the visa office in New York or Los Angeles in the course of processing a TRV, study permit, work permit or Permanent Resident application, the office will continue to process the application and the TRP, Rehabilitation and ARC as necessary.
Approval of Rehabilitation
- If you are granted approval of rehabilitation, it permanently overcomes inadmissibility arising from the offence declared.
- The approval of rehabilitation may be granted if you can show that you have a stable lifestyle and that it is unlikely that you will be involved in any further criminal activity.
- You may apply for rehabilitation if five years have passed since the end of your sentence. Periods of probation are considered to be part of the sentence, as are payment of fines and restitution of a driver's license.
- Open the Approval of Rehabilitation Checklist
- The requirements are listed on the checklist.
- Please complete and place this checklist on top of your application.
- Additional information can be found under the Frequently asked questions (FAQ).
- Note: If you have urgent and compelling reasons for entry to Canada within the next 6 months and are eligible to apply for Approval of Rehabilitation (i.e. beyond the 5 year prohibition), we encourage you to submit your Approval of Rehabilitation and Temporary Resident Permit applications at the same time.
Temporary Resident Permit
A temporary resident permit temporarily overcomes inadmissibility
If you are inadmissible to Canada for criminal, medical or other reasons and there are compelling and urgent reasons to allow you to temporarily enter or remain in Canada, you may apply for a temporary resident permit
- Open the Temporary Resident Permit Checklist
- The requirements are listed on the checklist.
- Please complete and place this checklist on top of your application.
- Additional information can be found under the Frequently asked questions (FAQ)
Authority to Return to Canada
- Use this application if you are seeking authority to re-enter Canada prior to the expiry of an Exclusion Order or you are seeking authority to return to Canada because you are the subject of a Deportation Order.
- Open the Authority to Return to Canada Checklist
- The requirements are listed on the checklist.
- Please complete and place this checklist on top of your application.
- Additional information can be found under the Frequently asked questions (FAQ).
Frequently Asked Questions Re: Criminal Inadmissibility
Q1 How long does it take to process my application?
A1 There can be no precise answer to this question. Each application is different. There are many variables affecting processing times - including the complexity of your case, the nature of your criminal conviction, your ability to provide us all the relevant documentation and information in a timely manner, whether or not a personal interview is needed, and the degree of urgency for your presence in Canada.
We have an inventory of applications, as we receive many more in any given month than we have the resources to handle. As far as possible and practicable, applications are processed on a first in, first out basis. Most take several months to finalize.
Q2 Can I apply at the Canadian border?
A2 It is at the discretion of officials of the Canadian Border Services Agency whether to accept for processing an application to overcome criminal inadmissibility made at a Canadian port-of-entry. This discretion is rarely exercised positively. In most cases, you will be turned back with advice to apply at a Canadian Consulate.
Q3 I have been travelling to Canada for years. I have crossed the border without incident many times. Why is it only on my last trip that I was informed that I am criminally inadmissible to Canada and told that I can only come back with the Canadian Government's written authorization?
A3 The law has not changed. You have been inadmissible since your conviction - it is just that your inadmissibility was not detected. Not everyone is asked at the port-of-entry if they have any criminal convictions, and very few volunteer this information.
It is also true that improved technology has significantly increased officers' access to criminal record databases.
Q4 So, what if I don't apply through the Consulate and just take my chances that I won't get flagged again at the port-of-entry?
A4 Not advised! If your criminal record is again detected at the port-of-entry, you may be declared inadmissible to Canada for up to two years - or even deported. Deportation carries a lifetime ban on entering Canada. You will then be inadmissible to Canada on two grounds - both through your criminal conviction and through the exclusion / deportation order against you.
Q5 If I describe a previous conviction for something like DWI in an e-mail, will you write back and tell me whether or not I am now able to enter Canada?
A5 No. We are unable to make assessments by email, fax or telephone. We will only be able to provide an assessment of your situation if you submit the full application package with the processing fee and all the required documents and information.
Q6 What are the standards you use when assessing eligibility for a Temporary Resident Permit?
A6 Cases are assessed on an individual basis and according to the severity of the offence. In line with Canada’s Federal Tourism Strategy, Citizenship and Immigration Canada and the Canada Border Services Agency may now make it easier for you to enter Canada. Please see www.cic.gc.ca/english/information/faq/inadmissibility/index.asp for more information.
Please note that you must pay the processing fee at the time of your application. If you are eligible for a waiver of the processing fee, your payment will either be returned to you or refunded..
Q7 What are the standards you use when assessing eligibility for Approval of Rehabilitation?
A7 Standards include the nature of the offence committed, the number of convictions, the amount of time that has passed since the convictions occurred, the efforts that the person has made to rehabilitate him/herself, the stability of the person's current lifestyle, the reasons for going to Canada and the unlikelihood of future offenses.
Q8 This is a complicated process. Where can I get help in preparing and presenting my application?
A8 It is not as complicated as it may first appear. It often does require persistence and patience to obtain the documents the officer needs to review to assess the application. However, most applicants are able to obtain these documents and submit a properly completed application without professional help.
If you do feel you need professional assistance, there are many Canadian law firms and immigration consultants available to represent you.
Officers and staff at the Consulate cannot advise or assist you in preparing an application. We must focus our limited resources on processing successfully completed applications as expeditiously as possible.
Q9 I have obtained a Temporary Resident Permit in the past. Since I have been law abiding since the original/last conviction that rendered me inadmissible to Canada, can I use the police certificates from my last/past application for my new application?
A9 You will not be required to submit updated certificates from states where you have resided in the past, but you will have to provide recent (less than 6 months old) certificates from your current state of residence and from the FBI.
Q10 I think I am eligible for deemed rehabilitation. What do I do?
A10 Deemed rehabilitation can be determined at a visa office or at a Canadian port of entry. There is no guarantee that the request will be approved. Should you wish to be considered for deemed rehabilitation, the following documents may be brought to a port of entry during regular business hours (Monday - Friday between 8 am and 5 pm):
- a completed application form,
- United States passport or birth certificate plus photo identification,
- a copy of court documents for each conviction, and proof that all sentences were completed,
- a recent FBI criminal record check,
- recent police certificates from the state where the conviction occurred and from all other states where you have lived for 6 months or longer since reaching the age of 18.
If you are not certain that you are deemed rehabilitated, or would prefer to know whether you are criminally inadmissible before your planned trip to Canada, you may apply for rehabilitation at a visa office and submit a non-refundable processing fee. If you meet the requirements for deemed rehabilitation, you will be issued a letter to that effect. If you do not, your application will be considered as one for approval of rehabilitation.
