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Home   Visas and Immigration IMPORTANT INFORMATION Criminal Inadmissibility
If you have ever been convicted of, or committed a criminal offence in any country, you may be inadmissible to Canada as a result of your criminal activity. Even if you do not ordinarily require a visa to enter Canada, you may still be refused permission to enter Canada if you are a member of an inadmissible class. The visa office in Los Angeles accepts applications for Temporary Resident Permit and Criminal Rehabilitation from current residents of the following states: Arizona, California, Colorado, Hawaii, Kansas, New Mexico, Nevada, Oklahoma, Texas and Utah. It is strongly recommended that residents of other States and Canada send their application to the visa office nearest to their place of residence. Minor offenses (commonly equivalent to misdemeanors in the USA), such as petty theft, simple assault, or simple possession of a controlled substance, would render an individual criminally inadmissible. Also, driving while under the influence (DWI / DUI) is regarded as an indictable offence in Canada, and persons with convictions for this offence are also considered inadmissible to Canada. Although Canada is similar to other countries in preventing the admission of convicted offenders, Canada does make provision to allow people with criminal records into Canada under certain circumstances. If you were convicted of an offence outside Canada and you wish to travel to Canada or apply for any type of visa to Canada, i.e. Work Permit, Study Permit, Permanent Residence etc... you must first apply for Criminal Rehabilitation or a Temporary Resident Permit. | You may be considered to be Deemed Rehabilitated if all of the following applies to you: | - you were convicted of only one minor offence* outside Canada (commonly equivalent to a misdemeanor in the USA); and
| - at least 10 years have passed since: (whichever date is later)
- the date of the conviction
- the date all fines were paid
- the date at the end of the period of suspension of your driver's license
- the date the term of imprisonment was or would have been completed (whether served or suspended)
- the date on which parole ended; and
| - you have had no subsequent convictions in the past 10 years.
| | If all of the above applies, you may be considered Deemed Rehabilitated and would not need to apply for Criminal Rehabilitation or a Temporary Resident Permit before travelling to Canada. However, be prepared to show documented evidence at the Port of Entry that you meet all the above criteria, i.e. FBI police record, State police record, court documents showing date of completion of sentencing etc... | | * For the purposes of defining Criminal Inadmissibility, a minor offence is considered an offence that if committed in Canada would constitute an indictable offence punishable with a maximum penalty of less than 10 years imprisonment. |
| You are eligible to apply for Criminal Rehabilitation if all of the following applies to you: | - you were convicted of one or more offence(s) outside Canada; and
| - the offence(s) would equate to an indictable offence(s) if committed in Canada; and
| - from the most recent conviction at least 5 years have passed since: (whichever date is later)
- the date of the conviction
- the date all fines were paid
- the date at the end of the period of suspension of your driver's license
- the date the term of imprisonment was or would have been completed (whether served or suspended)
- the date on which parole ended; and
| - you have had no convictions for any subsequent offence(s).
| If all of the above applies, you may apply for Criminal Rehabilitation which, if approved, will remove the inadmissibility for the purposes of travelling to Canada as long as you incur no future convictions.
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Processing time: Applications for Criminal Rehabilitation can take up to 18 months to process depending on the nature and severity of your offence(s).
If you are not eligible to apply for Criminal Rehabilitation, or if you have an urgent and compelling reason for travel to Canada in the near future, you may apply for a Temporary Resident Permit to overcome the criminal inadmissibility. An inadmissible person's need to enter or remain in Canada must be compelling and sufficient to overcome the safety risk to Canadian society. Leisure travel and tourism are not considered compelling reasons to warrant issuance of a Temporary Resident Permit. | You should apply for a Temporary Resident Permit if the following applies: | - you were convicted of one or more offence(s) outside Canada;
| - the offence(s) would equate to an indictable offence(s) if committed in Canada;
| - from the most recent conviction less than 5 years have passed since: (whichever date is later)
- the date of the conviction
- the date all fines were paid
- the date at the end of the period of suspension of your driver's license
- the date the term of imprisonment was or would have been completed (whether served or suspended)
- the date on which parole ended;
| - you are able to demonstrate that you have an urgent and compelling need to travel to Canada and you can demonstrate that the risk of further criminal activity is unlikely. (Leisure travel and tourism are not considered a compelling reason to warrant issuance of a Temporary Resident Permit.)
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Processing time: Applications for Temporary Resident Permit may take up to 6 months to process depending on the nature and severity of your offences and the reason for travel to Canada. Please apply well in advance of your expected travel.
If you were convicted of an offence in Canada and you wish to return to Canada, you must first apply for a pardon from Clemency and Pardons Division of the National Parole Board. A pardon will permanently erase your Canadian criminal record, and any consequences of inadmissibility resulting from it. If you are unable to obtain a pardon, you may still apply for a Temporary Resident Permit. For more information on pardons, visit the website of the National Parole Board http://www.npb-cnlc.gc.ca/ or contact them by mail at: National Parole Board
Clemency and Pardons Division
340 Laurier Avenue West
Ottawa, Ontario
Canada, K1A 0R1
In general, applications for Criminal Rehabilitation and Temporary Resident Permit take into consideration the nature of the offenses, the number of offenses, the length of time since the last offence, reports from parole or probation officers, the applicant's standing in the community, and the purpose for which entry is sought to Canada. Documents Required
Incomplete applications will be returned unprocessed. Application form: One fully completed application form IMM 1444E. - Use this form to apply for Criminal Rehabilitation or a Temporary Resident Permit. - Applications cannot be submitted by fax. - The form may also be requested using our Fax Back Service. Processing fee: Click here for the Fee Schedule. - The processing fee is non-refundable. Photo: One recent passport size photograph. Identification: A copy of your driver’s license and birth certificate OR a copy of the data pages of your passport. For Permanent Residents of USA, a copy of your U.S. alien registration card (greencard). FBI police certificate: Click here to find out how to obtain police certificates - The original certificate must be submitted. - The certificate should be dated no more than 6 months prior to the date of submission of your application. State police certificate(s): Click here to find out how to obtain police certificates - The original certificate(s) must be submitted. - You must obtain a certificate from every State in which you have been charged with a criminal offense. - You must obtain a certificate from every State in which you have lived in for more than 6 months since the age of 18. Court Records: Copies of each court document which clearly show the charge, section of the law you violated, the verdict and sentencing.
- Proof of completed sentences if applicable. (e.g. completed terms of incarceration, paid fines, court costs and completed court ordered treatments, etc.)
- Evidence relating to dismissed charges or expunged records (if applicable). Text of Law: Copies of the text(s) of the law(s) describing the offence(s) you committed. The text of each law must be as it read when you were charged with the offence. Law libraries often have texts of old laws. Written Statement: Detailed explanation of the circumstances surrounding the offence(s). Letters of Reference: Three letters of reference from responsible citizens (e.g. parole board, public officials, respectable private citizens, clergymen etc). They can come from personal or professional references but not from family members. The rehabilitation/permit process need not be mentioned in the letters. For Temporary Resident Permit applications: Statement from you explaining why you have an urgent and compelling need for travel to Canada including your tentative travel dates and how often you are likely to travel to Canada. If you are seeking to travel for a family emergency, include a letter from a doctor or hospital including all pertinent information. If you are seeking to travel for business, include a letter from your company explaining the reason for your travel to Canada, service contracts, invitation letter from the company in Canada, etc...
How to submit your application: Send in your application by mail. Do not submit this application in person or by fax. You will be notified by mail if an interview is required, if any additional documents are required, and of the final decision. Case status inquiries: Due to the volume of cases received, we only respond to case status inquiries which are received after the normal processing time of 6 months has elapsed. | 
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