Criminal inadmissibility

Overview

Criminal inadmissibility

Canada assesses foreign conduct by comparing it with Canadian offences, not simply accepting the foreign label. The offence, disposition, sentence, dates, number of events and current immigration status all matter.

Obtain the complete criminal record

Collect statutes, charge and disposition records, sentencing orders, proof of completion and police checks from every jurisdiction. A dismissal, caution, suspended sentence or expungement abroad may not have the assumed Canadian effect.

Driving offences can cause inadmissibility, including impaired driving.

Perform Canadian equivalency

Compare the essential elements and maximum Canadian punishment at the relevant time. Serious criminality and ordinary criminality lead to different consequences and appeal rights.

Multiple convictions can prevent deemed rehabilitation.

Assess rehabilitation and temporary relief

Individual rehabilitation generally depends on prescribed time since completion of all sentences. Deemed rehabilitation is narrower, and a temporary resident permit requires a justified temporary need that outweighs risk.

A record suspension concerns Canadian convictions and has its own process.

Permanent residents face enforcement rules

A PR may be reported and ordered removed after qualifying criminality, with appeal rights limited by sentence and statutory thresholds. Citizenship does not proceed normally while prohibitions apply.

Act before travel, sentencing or an admissibility hearing where possible.