Entering Canada With a Felony
If you attempt to enter Canada with a felony conviction on your record, you may be considered “criminally inadmissible to Canada,” which could result in being denied entry at the border.
Fortunately, the Canadian government provides ways to address criminal inadmissibility, including the Temporary Resident Permit (TRP) and the criminal rehabilitation process.
The Millennium Immigration can assist you in resolving such issues. Simply fill out our contact form, and one of our specialists will contact you to arrange a free consultation.
Table of Contents
- Overview
- Temporary Resident Permit (TRP) Applications
- Criminal RehabilitationÂ
- Frequently Asked Questions
Overview
Any U.S. citizen or permanent resident with a felony conviction may be deemed inadmissible to Canada, whether they are seeking to immigrate or simply visit.
In some cases, individuals with felony convictions may never be allowed entry into Canada, even if the conviction occurred decades ago. Canadian immigration officers have access to U.S. criminal databases, making it highly likely that anyone with a felony will be flagged and stopped at the border. Those with recent offenses or who are still serving a sentence are likely to face even more significant challenges when trying to enter.
However, there are two potential pathways: a Temporary Resident Permit (TRP) or Criminal Rehabilitation.
Temporary Resident Permit (TRP) Applications
A Temporary Resident Permit (TRP) allows individuals who are otherwise inadmissible to Canada due to a criminal conviction to enter or stay in the country under compelling circumstances.
A Canadian TRP grants legal entry for a specific duration and can be applied for at any time, even if the applicant is still serving part of their sentence. This differs from criminal rehabilitation, which requires a certain amount of time to have passed since the sentence was completed.
However, individuals with serious convictions, such as felonies, may find it more challenging to obtain a TRP, particularly if they are still serving their sentence. To apply, you must submit an application detailing the reason for your inadmissibility and why your entry into Canada is justified. In cases of serious offenses, additional documentation may be required to satisfy immigration authorities.
Once the required documents are gathered, the TRP application can be submitted to the Canadian government for review.
Application Methods:
1. Canadian Consulate Applications:
Applying through a consulate takes longer (3-6 months) but is generally the most reliable method. The application is reviewed by an experienced immigration officer, ensuring thorough consideration of your justification for entry.
2. Port of Entry Applications:
For those with last-minute travel plans, you can apply for a TRP at any Canadian port of entry (airport, land crossing, sea entry). These applications are processed immediately, but there is no guarantee of approval. If denied, you will not be permitted to enter Canada until a consulate grants approval.
A border officer will assess whether the applicant’s need to enter Canada outweighs any health or security risks they may pose.
Government Fee:
Each TRP application requires a fee of $229.77 CAD.
If you’re from a visa-exempt country, be sure to follow the specific guidelines of your nation, as the application form may differ.
Criminal Rehabilitation
Aside from the Temporary Resident Permit (TRP), individuals who are inadmissible to Canada due to a past conviction can apply for criminal rehabilitation. This option permanently removes the inadmissibility and ensures no future denials at the border. A Canadian customs agent may recommend this route if you’ve previously been denied entry.
To qualify for criminal rehabilitation, at least five years must have passed since the completion of your sentence for a felony conviction in a foreign country. If successful, you will be issued a certificate of rehabilitation, granting you permanent freedom to enter Canada. Once you have been deemed rehabilitated, there is no need to apply for a TRP for future visits.
A key component of the application process is determining the equivalent offense under Canadian law. The Canadian government differentiates between convictions with a sentence of less than 10 years (non-serious criminality) and those exceeding 10 years (serious criminality).
Criminal Rehabilitation with a Felony Conviction:
Felony convictions are subject to more rigorous review, and the processing fees can be higher. Offenses classified as serious criminality—those that would lead to a sentence of 10 or more years in Canada require mandatory rehabilitation for entry, regardless of the time elapsed since the sentence was completed. The decision to grant rehabilitation is left to the discretion of Canadian immigration officers.
Processing Time:
The processing time for criminal rehabilitation applications typically ranges from 6 to 12 months
Government Fees:
Non-serious criminality (e.g., misdemeanors): $229.77 CAD
Serious criminality (e.g., felonies): $1,148.87 CAD
About THE MILLENNIUM IMMIGRATION
THE MILLENNIUM IMMIGRATION is a leading Canadian immigration law firm with over 11 years of experience, featuring a dedicated team of over 60 immigration attorneys, paralegals, and professionals.
Our firm uses its extensive expertise to assist clients in overcoming inadmissibility issues, helping them navigate the complexities of Canadian immigration. THE MILLENNIUM IMMIGRATION team of specialists will thoroughly review your case and work to submit the strongest possible application to Canadian authorities.
Founded in 2013, themillenniumimmigration.com has since become a trusted global resource for Canadian immigration information. Reach out to us today, and let us support your inadmissibility needs.