Maple News reports that individuals with a criminal record—whether they’re looking to immigrate, work, study, or visit Canada—may be deemed inadmissible to enter the country. Even minor criminal offences could negatively impact your eligibility, depending on how Canadian authorities interpret the legal equivalent of your offence under domestic law.
Canadian immigration law categorizes crimes into ‘summary’ and ‘indictable’ offences. Summary offences are generally considered less serious, akin to misdemeanors in the U.S., while indictable offences are treated more severely, similar to felonies. Although a single summary offence may be overlooked, multiple summary offences or any indictable conviction can render someone inadmissible. Hybrid offences, which can be pursued as either summary or indictable under Canadian law, are always treated as indictable in immigration matters.
So how do you know where you stand? A legal professional can review Canada’s Criminal Code to evaluate the Canadian equivalent of your foreign offence. This step is crucial, as it determines whether you’ll face entry issues—and what options you have if you do.
Fortunately, there are pathways to overcome inadmissibility. One such route is the Temporary Resident Permit (TRP), which grants limited entry to individuals whose reasons for entering are deemed to outweigh potential risks. For those seeking long-term resolution, criminal rehabilitation is available. Individuals may apply for this if at least five years have elapsed since completing their sentence.
If you’ve recently been arrested but not yet convicted—particularly in the United States—there may still be time to prevent inadmissibility. In such cases, a Canadian immigration lawyer can issue a legal opinion letter to explain the context of your situation and argue for your admissibility under Canadian law.
It’s important to understand that border officials can access U.S. criminal history directly through systems linked to passports. This means that even decades-old convictions, such as a DUI, may flag you at the border. Past infractions do not simply vanish with time when it comes to Canadian entry.
Hiring an immigration lawyer is not legally required, but it can be enormously beneficial. Legal experts can interpret the nuances of Canadian law and guide you through complex procedures. While no lawyer can guarantee entry, they can clarify your legal standing and help identify the right strategies to move forward.
Maple News encourages anyone with a criminal record considering travel to Canada to research their status thoroughly and consult professionals when needed. With proper guidance and legal routes like rehabilitation or a TRP, overcoming inadmissibility is often possible.