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Ontario|Criminal Law
  • Criminal Records

    796 How criminal records affect Immigration

    A criminal record will negatively affect your ability to immigrate to, or remain in Canada. Criminal records will have different effects depending on whether the individual is a visitor, a refugee, or a permanent resident.

    It is illegal to visit Canada if you have a criminal record, unless you have proper immigration status, such as being a Canadian citizen, or you have acquired special permission from Citizenship and Immigration Canada. If you have a Canadian criminal record, it is best to have it pardoned or destroyed before attempting to enter Canada again. If you have a criminal record from a country other than Canada, you will need to apply for a Minister's Permit or submit an Application for Rehabilitation.

    People who were granted Minister's Permits or Work Authorizations before they were charged with criminal offences, may have their status removed and be deported from Canada.

    Refugees with a criminal record may have their status removed and may be deported from Canada. If you have applied to be landed, your application can be denied. At the very least, the discovery of any kind of criminal record, even where there was no finding of guilt, will result in complications with the immigration application. If your application is part of a 'family' application for landing, the discovery of your record may put every family member's application on hold, and may result in the entire family being deported.

    If you are a permanent resident, a criminal record can result in your landing status being removed and you being deported. If you have applied for Canadian citizenship, your application can be denied or put on hold. At the very least, discovery of a criminal record, will result in complications with your citizenship application.

    If you wish to apply for landed status or Canadian citizenship, it is best to have your criminal record removed before you submit your application. For information about having your criminal record removed, you may call the Pardons Canada telephone support line, listed on the Legal Line Guide and website, and in your telephone book. For advice and assistance with your immigration application, contact a lawyer.