A criminal record, whether from Canada or another country, can make you criminally inadmissible to Canada. That can block a visa, an eTA, a study or work permit, or permanent residence. Even offences that feel minor, such as theft, assault, dangerous driving, impaired driving (DUI), or possession of a controlled substance, can be enough. This is one of the most misunderstood areas of immigration law, and one where careful, experienced representation makes a real difference.

Ways to overcome criminal inadmissibility

• Deemed rehabilitation. If enough time has passed since you completed your sentence, you may be deemed rehabilitated by operation of law, generally where the equivalent Canadian offence carries a maximum sentence of less than ten years. No application is filed, but the equivalency assessment is technical.
• Individual (criminal) rehabilitation. You may apply once at least five years have passed since you completed your sentence, including probation, and since the act that made you inadmissible. Approval is permanent. These applications are detailed and can take over a year, so plan ahead.
• Record suspension. Formerly called a pardon, a record suspension from the Parole Board of Canada, for a conviction in Canada, removes the inadmissibility.
• Temporary Resident Permit (TRP). If you need to enter Canada before you are eligible for rehabilitation, or you have a valid and pressing reason, a TRP can authorize a temporary stay.

Immigration opinion letters for criminal cases

When a non-citizen faces criminal charges, the immigration consequences of a conviction or sentence can be as serious as the criminal penalty itself. Crown counsel and criminal defence lawyers often need an immigration-law opinion on how a plea or sentence would affect a person’s status, which the court can weigh at sentencing. We prepare clear, well-founded immigration opinion letters for defence counsel, and work alongside your criminal lawyer.

Why this work is different

Few lawyers, and fewer Chinese-speaking lawyers, take on criminal inadmissibility and do it well. It sits at the intersection of criminal law and immigration law, it demands a precise equivalency analysis between foreign and Canadian offences, and it rewards a carefully built record of rehabilitation. This is exactly the kind of complex, high-stakes matter we focus on.

How we help

• Assess your admissibility and the equivalency of your offence under Canadian law.
• Identify the right route: deemed rehabilitation, individual rehabilitation, record suspension, or a TRP.
• Build and document a persuasive application, and address the officer’s likely concerns.
• Coordinate the strategy with your temporary residence or permanent residence application.