Entering Canada with a Domestic Violence Conviction
A domestic violence conviction—even a misdemeanor—can create significant barriers to entering Canada. Unlike some other offenses that may eventually qualify for automatic “deemed rehabilitation” after 10 years, domestic violence convictions involving physical harm can result in lifetime inadmissibility unless you take specific legal action.
Quick Answer
Yes, you can enter Canada with a DV conviction, but only through:
• Temporary Resident Permit (TRP): Available immediately, requires compelling reason
• Criminal Rehabilitation: Available 5 years after sentence completion; permanent solution
Important: Deemed Rehabilitation generally does NOT apply to domestic violence convictions because they involve physical harm to another person.
Why Domestic Violence Makes You Inadmissible
Canada’s Immigration and Refugee Protection Act renders foreign nationals inadmissible if they’ve been convicted of an offense equivalent to a Canadian crime. DV offenses typically equate to assault-related offenses in Canada.
The Physical Harm Exclusion: Offenses involving physical harm are excluded from automatic deemed rehabilitation. Even if your conviction was 15, 20, or 30 years ago, you cannot simply wait out the clock.
Types of Offenses Causing Inadmissibility
- Domestic assault or battery
- Spousal abuse / Intimate partner violence
- Assault causing bodily harm
- Criminal threatening in domestic context
- Violation of protective/restraining orders
- Strangulation or choking offenses
Your Options
Option 1 – TRP: Apply immediately, even while on probation. Requires compelling reason (work, family emergency). Processing: 3-6 months through consulate.
Option 2 – Criminal Rehabilitation: Permanent solution. Eligibility: 5 years after completing ALL sentencing requirements. Processing: 6-18 months.
Frequently Asked Questions
My conviction was 15 years ago. Am I automatically admissible? No. DV convictions involving physical harm are excluded from automatic deemed rehabilitation.
Will completing a domestic violence program help? Yes, for CR applications. Completion of programs demonstrates rehabilitation and strengthens your application.
How Dogen Law Can Help
We understand the additional scrutiny DV cases receive. Services include assessment, CR applications, TRP applications, and guidance on gathering evidence.
Complete our free eligibility assessment to explore your options.
