Inadmissibility: How to transit through Canada

Julia Hornstein
Published: September 20, 2022

If you are a foreign national who has been arrested or convicted of a criminal offence, you may be considered criminally inadmissible to Canada. Even if you are only in transit through Canada and not plan to stay in the country, being criminally inadmissible can pose problems to travelers.

Schedule a Free Legal Consultation with the Cohen Immigration Law Firm

If a traveller is flying through Canada and taking a connecting flight, they are often still required to go through Canadian customs. In the eyes of the Canadian border authorities, there is no difference between entering Canada to stay and entering Canada to transit through to another country. Therefore, being criminally inadmissible to Canada can be problematic either or not you are staying in Canada.

Ways to overcome inadmissibility for the purpose of transit through Canada

Fortunately, there are solutions available to you as long as you prepare in advance of your trip.

There are three main ways for those who will be in transit through Canada to overcome criminal inadmissibility:

  • Submit a Temporary Resident Permit application
  • Submit a Criminal Rehabilitation application
  • Legal Opinion Letter

Temporary Resident Permit Application

A Temporary Resident Permit (TRP) is an option for an individual considered criminally inadmissible as it grants temporary access to Canada for a certain period of time. A TRP is used in situations where a traveler has a valid reason for entering into Canada and the benefits of their entry outweigh any risks to Canadian society.

A TRP application can be granted for up to three years, depending on the reason of entry. A person can apply for a TRP at any point and does not require the completion of a criminal sentence.

Criminal Rehabilitation Application

The Canadian Government offers the opportunity to submit a criminal rehabilitation application to permanently clear your past criminal history for the purposes of entering Canada. The criminal rehabilitation application is a one-time solution that does not require renewal. Upon receiving approval for criminal rehabilitation, an individual is no longer considered inadmissible and would not require a TRP for entry into Canada.

In order be eligible for criminal rehabilitation, you must meet the following criteria:

  • must have committed an act outside of Canada that would be equivalent to an offence under the Canadian Criminal Code,
  • must have been convicted of or admitted to committing the act, and
  • five years must have passed since the sentence has been completed. This includes jail time, fines, community service or probation.

The most critical requirement is determining and understanding the equivalent offence in Canada. Per Canada’s Criminal Code, the nature and the gravity of the offense is important, as Canadian immigration authorities characterize offences based on serious versus non-serious criminality.

Legal Opinion Letter

The legal opinion letter will explain the consequences of a conviction for the Canadian immigration purposes, including a legal analysis of your case and how it fits into the context of Canadian law. The letter cannot override criminal inadmissibility, but it can explain why you are not inadmissible in the first place.

The letter can be submitted along with a TRP application or a criminal rehabilitation application. It can also be submitted if you have been convicted of a crime but charges are still pending.

Schedule a Free Legal Consultation with the Cohen Immigration Law Firm

© CIC News All Rights Reserved. Discover your Canadian immigration options at CanadaVisa.com.

Share this article
Share your voice
Did you find this article helpful?
Thank you for your feedback.
Subscribe to our newsletter
Did you find this article helpful?
Please provide a response
Thank you for your helpful feedback
Please contact us if you would like to share additional feedback, have a question, or would like Canadian immigration assistance.
  • Do you need Canadian immigration assistance? Contact the Contact Cohen Immigration Law firm by completing our form
  • Send us your feedback or your non-legal assistance questions by emailing us at media@canadavisa.com
Related articles
Attending the A.A. International Convention 2025? What to know about entering Canada with your past DUI
A cityscape of Vancouver.
Can I travel to Canada with a criminal record? A guide to understanding criminal inadmissibility
Woman's arm holds suitcase as she stares at a screen depicting flight timings.
Am I eligible for IRCC settlement services as a temporary resident?
Group of young people sitting at table reading books.
Canadian Immigration Lawyers Association recommends IRPA legislation reform
A young family at home having fun on sofa.
Top Stories
Why skilled workers and international graduates in Quebec should consider Express Entry
How to move to Canada from the US
Attending the A.A. International Convention 2025? What to know about entering Canada with your past DUI
Join our free newsletter. Get Canada's top immigration stories delivered to your inbox.
Subscribe
More in Visit
Attending the A.A. International Convention 2025? What to know about entering Canada with your past DUI
A cityscape of Vancouver.
Have a DUI? Here are your options for entering Canada
A "Canada Arrivals" sign.
Frequently asked questions about visas for students, workers and tourists coming to Canada
A picture of the Toronto Skyline at night
10 frequently asked questions by visitors to Canada
View of Skylon Tower and abandond Ontario Power Comany Generating Station at river level seeing from a boat tour
Link copied to clipboard