Canadian immigration, immigrating to Canada with a criminal record

One of the general requirements for entry into Canada as a migrant seeking a temporary or permanent home is a clean police record.

What is criminal inadmissibility?

Part of the application for permanent residency requires a background check, and applicants should not have a criminal record. There are, however, special procedures and provisions whereby those with criminal records may still be able to enter Canada under certain circumstances.

Any applicant with a criminal background must have completed his or her sentence to the satisfaction of the proper authority. Additionally, five years must have lapsed since the end of the sentence. For applicants who have been convicted of a crime who hope to immigrate to Canada, the option of rehabilitation exists.

What is expected?

Potential migrants with criminal records must complete the application for criminal rehabilitation, detailing the applicant’s criminal convictions and personal information. Immigration officials require information on type of offence, its statute number, when and where it occurred, and the sentence served.

You will be expected to explain why you want to immigrate to Canada, and why you will not pose a risk to Canadian society. Your addresses and employment information for the preceding ten years must also be furnished.

You must attach to your application items such as passports, driver’s licenses, court judgments, texts of non-Canadian statutes, police certificates, and all documentation concerning sentences, paroles, probations, fines or pardons. Your application must be made to a visa office outside of Canada.

What will it cost?

Fees range from CA$200 to CA$1000, depending on the severity of the criminal act or conviction. A payment of $200 must be submitted with your application. If your case requires authority from the Minister, you will receive notice that a further $800 is due. Processing fees are non-refundable.

How long will it take?

It can take more than a year for an application for criminal rehabilitation to be processed.

What if I need help?

You may have a representative guide you through the process of application for criminal rehabilitation for the purpose of Canadian immigration.

When you choose a representative, he or she is authorised to do business on your behalf with Canadian immigration officials. According to the form that is to be filled out for this appointment, your representative can be a relative or friend, a member of a non-governmental or religious organisation, or any member of the Canadian Society of Immigration Consultants, a Canadian provincial or territorial law society, or the Chambre des notaries du Québec. Membership ID numbers are required.