Criminal Inadmissibility to Canada
If you’ve been charged or convicted of a crime, you may be criminally inadmissible to Canada. Learn what criminal inadmissibility means and how Ayodele Law can help you apply for a TRP, Criminal Rehabilitation, or appeal your case to re-enter Canada legally.
Criminal Inadmissibility to Canada: What It Means and How to Overcome It
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, and
possession of or trafficking in drugs or controlled substances.
What Is Criminal Inadmissibility?
Criminal inadmissibility means that a person is not allowed to enter or remain in Canada because they have been charged with or convicted of a criminal offence.
Under Canada’s Immigration and Refugee Protection Act (IRPA), certain offences make a person inadmissible — whether the crime was committed inside or outside Canada.
Both temporary residents (visitors, students, workers) and permanent residents can be affected.
Who Can Be Found Criminally Inadmissible?
Temporary Residents
If you’re applying for a visa, study permit, work permit, or Electronic Travel Authorization (eTA), you may be refused entry if you have a criminal record or pending charges that are equivalent to an offence in Canada.
Even a single DUI (driving under the influence of alcohol or drugs) can result in inadmissibility, as impaired driving is considered serious criminality under Canadian law.
Permanent Residents
Permanent residents of Canada can also be found inadmissible if they commit an offence that:
Is punishable by a maximum term of imprisonment of 10 years or more, or
Results in an actual sentence of more than 6 months in jail
If this happens, a report may be issued under section 44 of the IRPA, which can lead to loss of status and removal from Canada.
| Types of Criminal Inadmissibility |
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1. Criminality (Less Serious Offences) You may be found inadmissible for criminality if you: •Were convicted outside Canada of an act that would be an indictable offence in Canada, or •Committed an act outside Canada that would be an offence if committed here. Examples include petty theft, minor assault, or fraud under $5,000. |
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2. Serious Criminality You may be inadmissible for serious criminality if you: •Were convicted of an offence punishable by 10 years or more under the Criminal Code, or •Received an actual jail sentence of 6 months or longer. Examples include impaired driving (DUI), aggravated assault, drug trafficking, or domestic violence. For serious criminality, entry to Canada is much more difficult — even for one-time offences. |
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3. Hybrid Offences Many Canadian offences (such as DUI or assault causing bodily harm) are hybrid, meaning they can be prosecuted summarily or by indictment. Even if prosecuted summarily abroad, Canada treats these as indictable for immigration purposes, making you criminally inadmissible. |
Section 44 Report and Removal Proceedings
If a Canada Border Services Agency (CBSA) or IRCC officer believes you are inadmissible for criminality, they may prepare a Section 44 Report under the Immigration and Refugee Protection Act (IRPA).
What Is a Section 44 Report?
A Section 44 Report is a formal document outlining the reasons the officer believes you are inadmissible.
What Happens Next
The report is forwarded to a Minister’s Delegate for review.
The Delegate may issue a Removal Order, or refer the case to the Immigration Division (ID) of the Immigration and Refugee Board (IRB) for a hearing.
If a Removal Order is issued and becomes enforceable, you could lose your temporary status or permanent residency and be removed from Canada.
Having a lawyer present at this stage is critical—you may have an opportunity to argue for relief or submit mitigating evidence before a decision is made.
| How to Overcome Criminal Inadmissibility |
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| There are several legal pathways to overcome or avoid criminal inadmissibility, depending on your circumstances. |
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1. Temporary Resident Permit (TRP) A TRP allows an inadmissible person to enter or stay temporarily in Canada if their reason for travel is justified and the risk to Canadian society is minimal. •Valid for up to 3 years •Must demonstrate a compelling reason (e.g., family, business, humanitarian) •Processing fee: CAD $239.75 •Approval is discretionary and not guaranteed |
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2. Criminal Rehabilitation If enough time has passed since the completion of your sentence, you may apply for Criminal Rehabilitation to permanently remove your inadmissibility. To qualify: •At least 5 years must have passed since completing all parts of your sentence (jail, fines, probation). •You must show that you are rehabilitated and pose no further risk. •Once approved, you are no longer inadmissible for that offence. |
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3. Deemed Rehabilitation If your offence was minor and occurred more than 10 years ago (and you’ve had no further convictions), you may be deemed rehabilitated at the port of entry. |
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4. Record Suspension (Pardon) If your conviction occurred in Canada, you may apply to the Parole Board of Canada for a record suspension. A record suspension effectively removes the conviction from the Canadian Police Information Centre (CPIC) database, eliminating inadmissibility for that offence. |
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5. Legal Appeals and Judicial Review If you receive a Removal Order or Section 44 decision, you may have options to appeal to the Immigration Appeal Division (IAD) or seek Judicial Review at the Federal Court of Canada. Strict deadlines apply—typically 15–30 days from the decision date. |
Can You Be Admissible Again?
Yes. Many individuals with past convictions successfully re-enter or remain in Canada through rehabilitation, TRP approvals, or appeals.
Each case is unique, and a carefully prepared submission can make a significant difference.
How Ayodele Law Can Help
At Ayodele Law, we help clients across Canada and abroad overcome criminal inadmissibility and regain their right to enter or remain in Canada.
We provide:
- Detailed assessment of your charges or convictions
- Preparation of Temporary Resident Permit (TRP) and Criminal Rehabilitation applications
- Representation in Section 44 and removal proceedings
- Strategic appeals and Judicial Review applications before the Federal Court
Contact Ayodele Law today to book a consultation and find out how we can help you overcome criminal inadmissibility and move forward with confidence in your immigration journey.