If you have a DUI or other convictions on your criminal record, visiting Canada for work or business can become a little more complicated and costly. It also means you might need to plan for your travel and visa arrangements further in advance.
Read on to find out more about how a previous conviction for offenses like DUIs, drug possession, theft, assault, or fraud could impact your application for a business or work visa, as well as how you can get around these rules by applying for special permissions to enter Canada.
What Determines Criminal Inadmissibility?
The rules that determine what makes someone criminally inadmissible to Canada are set out in the Immigration and Refugee Protection Act (IRPA):
- Inadmissibility on the grounds of Serious Criminality – Committing or having been convicted of an act outside of Canada that, if committed in Canada, would be punishable by a maximum term of imprisonment of 10 years or more.
- Inadmissibility on the grounds of Criminality – Committing or having been convicted of an act outside of Canada that, if committed in Canada, would be punishable by way of indictment OR having been convicted outside Canada of any two offenses not arising out of a single occurrence (summary or indictable).
An indictable offense is a more serious offense, similar to a felony in the US, while a summary offense is generally less serious and more like a US misdemeanor. When determining criminal admissibility, Canadian law states that ‘hybrid offenses’ (those that can be treated as either) should always treated as indictable offenses.
Impaired Driving Offences in 2025 and Beyond
If you’re trying to apply for a work or business visa for Canada with a criminal record, the seriousness of your past offenses is judged according to the equivalent Canadian criminal code rather than the laws of the country in which you were convicted. As a result, the changes to impaired driving laws in Canada in December 2018 mean it’s now much harder to get in if you have previous convictions for driving under the influence of alcohol or drugs. Equivalent foreign convictions include DUI, DWI, wet reckless, and reckless driving causing bodily harm.
The maximum sentence for these crimes increased from 5 years to 10 years imprisonment, which moved them into the “serious criminality” category. As a consequence, anyone who has been convicted of them is automatically criminally inadmissible to Canada, and will not be able to secure a work or business visa without first obtaining a Temporary Resident Permit or Criminal Rehabilitation.
If you have a single conviction of this type from before December 2018, there is still a third option available – “grandfathered” Deemed Rehabilitation – which means you will automatically become admissible again once 10 years have passed since the date you completed all sentencing requirements.
Different Types of Work Visa
The application process for all of the visas below involves a rigorous screening process that includes a criminal background check. You will be required to submit police certificates and other relevant criminal history documents when applying for these visas.
If you think you could be deemed criminally inadmissible to Canada according to the criteria set out above, you should attempt to overcome this before applying for the visa.
The three different routes to overcoming criminal inadmissibility are by obtaining Deemed Rehabilitation, a Temporary Resident Permit (TRP), or Criminal Rehabilitation. More details on each are discussed below.
Application Process
Once you have overcome criminal inadmissibility in one of these three ways, evidence of this should be included along with all of your other documents when you submit your visa application. Depending on the visa, you may also need to enclose a letter that briefly explains your criminal history as well as the steps you have taken to rehabilitate yourself.
Dogen Law is a Canadian law firm that can assist you throughout the various steps of overcoming criminal admissibility to Canada. If you would like to apply for a Canadian work or business visa but have a DUI or other offenses on your criminal record, get in touch today to receive a free impartial assessment of your unique circumstances.
Business Visitor Visa
For short-term business visits to attend meetings, conferences, trade fairs, and similar events. This visa does not permit you to enter the Canadian labor market, and your business activities must primarily benefit a foreign company.
Work Permit
A work permit is usually associated with a particular employer and a specific job role. To be granted one, you usually must have a valid job offer in Canada that is supported by a Labor Market Impact Assessment (LMIA), but there are some exceptions to these rules.
Working Holiday Visa
Working Holiday Visas are available to citizens of a wide range of countries, and allow young people to fund their temporary stay in Canada by getting a job. This visa is an ‘open work permit’ which means those who hold it can work for any employer in any industry.
Global Talent Stream (GTS)
The GTS is part of Canada’s Temporary Foreign Worker Program. It is designed to fast-track work permit applications when highly skilled workers are needed in specific occupations – commonly in the technology industry.
Intra-Company Transfer Visa
This visa allows employees of multinational companies to be transferred to a Canadian branch of that company or to an affiliate that operates within Canada. It is mostly aimed at executives, managers, and other specialized knowledge workers.
Provincial Nominee Program (PNP)
The Provincial Nominee Program was set up to help Canadian provinces and territories meet their specific local labor market needs. They do this through the nomination of skilled immigrants who are then allowed by the federal government to come and work in that province in specific industries such as healthcare, technology, or trades. The program also provides a clear pathway for workers to eventually achieve permanent residency status.
Misrepresentation
Canada has what many would regard as strict rules surrounding criminal inadmissibility. But it’s important not to be tempted to engage in misrepresentation of your criminal history, as it could lead to even worse outcomes.
Anyone caught lying about their criminal record or withholding material facts about it in order to gain an advantage when it comes to securing a work visa could be banned from entering Canada for an additional 5 years.
The chances of hiding past criminal convictions and successfully entering Canada are also extremely low. Information-sharing agreements between Canadian immigration authorities and a wide range of foreign governments mean officials can do extremely thorough background checks on anyone applying for a work permit or business visitor visa.
Routes to Overcoming Inadmissibility
Deemed Rehabilitation
Deemed Rehabilitation is a feature of Canadian immigration law that allows foreign nationals with certain criminal convictions to be considered rehabilitated by the passage of time rather than a more formal application process.
As a result, some people who would have previously been regarded as criminally inadmissible to Canada can become automatically admissible, provided they have the right documentation available to prove their claim of meeting the eligibility requirements.
The amount of time that must pass until you can be deemed rehabilitated is either 5 or 10 years, depending on the nature of your convictions.
On the other hand, if you have serious criminality on your record that would be punishable by imprisonment of a maximum of ten years or more if committed in Canada, you cannot be deemed rehabilitated and would have to pursue other routes to overcome criminal inadmissibility
We have written a full guide to Deemed Rehabilitation that goes over the eligibility requirements in more detail.
Temporary Resident Permit (TRP)
A TRP is more of a temporary fix – it gives you permission to enter Canada for a specific period of time, for a specific (compelling) reason. This could be to go to a certain work event such as a conference, or to attend a family wedding or funeral, for example.
You can apply for a TRP regardless of how much time has passed since your conviction.
Processing Time – Anywhere from a few hours if applying at the border to 8 months if applying in advance.
Processing Fee – The TRP processing fee is $229.77 CAD and is non-refundable, even if your application is unsuccessful.
Criminal Rehabilitation
Criminal Rehabilitation is a much more permanent fix – if granted, your previous criminal history will no longer be a relevant factor when determining your admissibility to Canada (as long as you do not pick up any additional convictions).
5 years must have passed since you completed all the sentencing requirements imposed on you for your last conviction in order to submit a Criminal Rehabilitation application. This includes payment of fines and any probation, parole, or community service requirements.
Processing Time – Anywhere from 6 months to 2 years.
Processing Fee – The Criminal Rehabilitation processing fee is $229.77 CAD for non-serious criminality and $1,148.87 CAD for cases that involve serious criminality (where the equivalent crimes in Canada could be punished by 10 years or more imprisonment).
These fees are non-refundable, even if your application is unsuccessful.
How Dogen Law Can Help
If you would like to apply for a Canadian business or work visa, working with Dogen Law to overcome your criminal inadmissibility means gaining access to experienced and licensed lawyers in both Canada and the United States. We’ll help you assess your situation, gather the correct documentation, complete application forms, and submit your request for a TRP or Criminal Rehabilitation.
With the help of a reputable immigration law firm like Dogen Law, overcoming criminal inadmissibility becomes a smooth process and has a higher chance of success. Get in touch today by completing our online assessment to see if you are eligible.
