Criminal Inadmissibility Lawyer in Canada

If you have been charged or convicted of a criminal offence, you may be found criminally inadmissible to Canada. Ayodele Law is a Canadian immigration law firm based in Toronto that helps clients across Canada overcome criminal inadmissibility through Temporary Resident Permits (TRPs), Criminal Rehabilitation applications, and appeals. We work with clients both in-person and virtually, no matter where you are located.

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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
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.
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.
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
There are several legal pathways to overcome or avoid criminal inadmissibility, depending on your circumstances.
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
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.
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.
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.
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.

In some situations, individuals may be eligible to apply for a Temporary Resident Permit (TRP), which allows entry to Canada despite criminal inadmissibility when there is a compelling reason to travel.

For those whose offence occurred in the past, Criminal Rehabilitation may be available as a permanent solution to overcome criminal inadmissibility and restore eligibility to enter or remain in Canada.

Depending on the offence and sentence imposed, some permanent residents may have the right to appeal a removal order to the Immigration Appeal Division (IAD).

Working with an experienced Toronto immigration lawyer can be critical when facing criminal inadmissibility, removal proceedings, or enforcement action.

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.

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Frequently Asked Questions

Criminal inadmissibility can have serious consequences for your immigration status and ability to enter Canada. Below are answers to common questions we hear from individuals and families facing criminal inadmissibility, removal proceedings, or border refusals. If your situation is urgent or involves enforcement action, seeking legal advice early is critical.

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  • You may be criminally inadmissible to Canada if you have been charged with or convicted of a crime inside or outside Canada that is equivalent to an offence under Canadian law. This includes both minor and serious offences, such as theft, assault, drug offences, dangerous driving, and impaired driving (DUI).

    Canadian immigration officers assess whether the offence would be punishable under the Immigration and Refugee Protection Act (IRPA) and whether it meets the legal threshold for criminality or serious criminality.

  • Yes. Even one DUI can make you criminally inadmissible to Canada.

    Under Canadian law, impaired driving is treated as serious criminality, particularly for offences committed after changes to the Criminal Code in 2018. This means visitors, students, workers, and even permanent residents may face refusal, removal, or loss of status based on a single impaired driving conviction.

  • Yes. Criminal inadmissibility applies to offences committed anywhere in the world.

    Immigration officers assess whether a foreign offence is equivalent to a Canadian criminal offence. Even if a crime seems minor in another country, it may still result in inadmissibility if it would be considered indictable or serious under Canadian law.

  • Yes. Permanent residents can lose their status and be removed from Canada if they are found criminally inadmissible.

    This typically happens when a permanent resident:

    • Is convicted of an offence punishable by a maximum of 10 years or more, or

    • Receives a sentence of more than six months in jail

    In these cases, a Section 44 Report may be issued, which can lead to removal proceedings. Some permanent residents may have a right to appeal, depending on the sentence and offence.

  • A Section 44 Report is a formal inadmissibility report prepared by CBSA or IRCC when an officer believes someone is inadmissible to Canada.

    If the report is upheld, it can lead to:

    • A removal order

    • Loss of temporary or permanent resident status

    • Immigration hearings or limited appeal rights

    Having an immigration lawyer involved early is critical, as there may be opportunities to submit evidence or argue for relief before the report proceeds.

  • Depending on your situation, options to overcome criminal inadmissibility may include:

    • Applying for a Temporary Resident Permit (TRP)

    • Applying for Criminal Rehabilitation

    • Appealing a removal order (for eligible permanent residents)

    • Seeking judicial review at the Federal Court

    Each option has strict eligibility rules, timelines, and discretionary factors. A lawyer can assess which pathway applies to your case.

  • Criminal inadmissibility cases are complex and often involve equivalency analysis, discretion, and procedural risk. Working with an experienced criminal inadmissibility lawyer in Toronto can significantly improve your chances of success.

    Ayodele Law assists clients across Canada and internationally, working both in-person and virtually to resolve criminal inadmissibility issues, protect status, and help clients re-enter or remain in Canada legally.

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In person or virtual consultations available. Your case is important to us. We will get back to you within 24 hours of your submission.

Office Hours: Monday - Friday | 10am - 5pm
Telephone: 647-937-4330
Fax: 416-486-7747
Email: admin@ayodelelaw.ca