Criminal record keeping you out of Canada? There may be a way back in.

We work out whether your record makes you inadmissible, whether time has already solved it, and whether you need rehabilitation, a Temporary Resident Permit or a record suspension.

How can we help?

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What's on your record?

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We'll call you during office hours, 9 am to 5 pm, 7 days a week. If you need to travel in the next few days, call now.

Book a free video meeting now Call (289) 309-3069

Your options

Four ways past a criminal record.

Which one fits depends on where you were convicted, what the offence would be in Canada, and how long ago your sentence ended.

Deemed rehabilitation

Enough time has passed that the law treats you as rehabilitated. There's no application, but you should carry proof when you travel.

Usually fits whenA single, less serious conviction outside Canada with a sentence that ended 10 or more years ago.

Individual criminal rehabilitation

An application to IRCC showing you've been rehabilitated. If approved, the offences it covers no longer make you inadmissible. Government fee: $246.25, or $1,231 for serious criminality.

Usually fits whenAt least 5 years have passed since your sentence ended, but you aren't deemed rehabilitated.

Temporary Resident Permit

Lets you enter Canada for a specific purpose and period while you are still inadmissible. The officer weighs your reason to travel against any risk. Government fee: $246.25.

Usually fits whenYou need to travel soon and it has been less than 5 years, or a rehabilitation decision is still pending.

Record suspension

For convictions in Canada. Ordered by the Parole Board of Canada. Once granted, IRCC can't base inadmissibility on that conviction. Application fee: $50.

Usually fits whenYour conviction was in Canada and the waiting period has passed.

The 5-year and 10-year rules

When time can work in your favour.

The clock starts when your whole sentence is complete, including any probation and fines, not the date of the conviction.

Read the full guide: Entering Canada with a DUI: rehabilitation, permits and the 2018 rule.

  • 5

    years after your sentence ends, you can apply for individual rehabilitation

  • 10

    years for deemed rehabilitation of a single offence

  • Individual rehabilitationAt least 5 years since you completed your sentence, with no later convictions. For an act you committed but weren't convicted of, 5 years from the act. The officer must be satisfied you're rehabilitated.
  • Deemed: one offenceOne conviction outside Canada for an offence with a Canadian maximum of less than 10 years in prison, at least 10 years after the sentence ended, with no other convictions that disqualify you.
  • Deemed: two or more minor offencesTwo or more convictions outside Canada that would be summary offences in Canada, at least 5 years after the sentences ended, with no other convictions that disqualify you.
  • Not deemed: serious criminalityIf the Canadian maximum is 10 years or more, time alone never fixes it. You need individual rehabilitation, or a TRP to travel in the meantime.

Impaired driving and other offences

How we build your application.

Impaired driving is a common example. For offences committed on or after 18 December 2018, most impaired driving counts as serious criminality, because the Canadian maximum rose to 10 years. Deemed rehabilitation is then not available.

Ask about your record
  1. Match your offence to Canadian lawWe compare the foreign offence with its closest Canadian equivalent. That decides whether it's criminality or serious criminality.
  2. Choose the routeDeemed rehabilitation, individual rehabilitation, a TRP, a record suspension, or more than one at once.
  3. Gather the recordsCourt documents, proof that every part of the sentence is complete, and police certificates from the places you've lived.
  4. Make the caseA written submission on why you're rehabilitated, or why your reason to travel justifies a permit, with supporting letters.
  5. Apply and follow upWe file with IRCC and deal with officer requests until there's a decision.

Convicted in Canada

A Canadian record follows different rules.

Rehabilitation through IRCC only covers offences outside Canada. A conviction in Canada is dealt with through a record suspension.

For convictions in Canada

Record suspension

  • Ordered by the Parole Board of Canada, the only federal body that grants them
  • You can apply 5 years after your sentence ends for a summary offence, or 10 years for an indictable one
  • While it's in effect, IRCC can't base inadmissibility on that conviction
  • Application fee: $50
Ask about a record suspension

For permanent residents

When a conviction puts your status at risk

  • A permanent resident can be removed for serious criminality, not for criminality alone
  • In Canada, that means an offence with a maximum of 10 years or more, or a prison term of more than 6 months
  • If the sentence was 6 months or more, there is no appeal to the Immigration Appeal Division
  • Get immigration advice before you plead guilty, not after
Inadmissibility and Removal
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Questions

Criminal records and rehabilitation

Don't see yours? Call (289) 309-3069.

What's the difference between deemed and individual rehabilitation?

Deemed rehabilitation happens automatically once enough time has passed, usually 10 years after a single less serious offence outside Canada, and needs no application. Individual rehabilitation is an application to IRCC, possible 5 years after your sentence ends, where an officer decides whether you've been rehabilitated.

Can I enter Canada with a DUI?

Not automatically. Impaired driving can make you inadmissible. If the offence was on or after 18 December 2018, it's usually serious criminality, so deemed rehabilitation isn't available. You would need individual rehabilitation once 5 years have passed since your sentence ended, or a Temporary Resident Permit to travel before then.

How much does criminal rehabilitation cost in government fees?

IRCC's fee is $246.25 for criminality and $1,231 for serious criminality. A Temporary Resident Permit is $246.25. A Canadian record suspension costs $50 to apply to the Parole Board of Canada. Legal fees are separate: a set amount, paid in stages, that we state upfront.

Does a Canadian record suspension fix immigration inadmissibility?

For that conviction, yes. Inadmissibility can't be based on a Canadian conviction with a record suspension that hasn't been revoked or ceased to have effect. You can apply 5 years after your sentence ends for a summary offence, or 10 years for an indictable offence.

I need to travel soon. What can I do before I'm eligible for rehabilitation?

Apply for a Temporary Resident Permit. An officer weighs your reason to travel against any risk, so the application should explain clearly why the trip matters and show your conduct since the offence.

Is the first meeting free?

Video meetings are free. In-person meetings at First Canadian Place are $100.

Free video meeting

Have a record? Find out where you stand.

By video (free) or in person at First Canadian Place ($100), 7 days a week.

Cohen Murison Law
100 King Street West, Suite 5700
First Canadian Place, Toronto, ON M5X 1C7
Open 7 days, 9 am to 5 pm. Closed on public holidays.
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