Can I Become a Canadian Citizen if I Have a Criminal Record?
Have you ever wondered: Can I become a Canadian Citizen if I have a Criminal Record? Getting your Canadian citizenship is a vital path to happiness. It brings not only a sense of belonging but real legal benefits and stability. If you've got a criminal record though, citizenship might feel like a distant dream.
Unfortunately, finding a way forward can be a tall order. If you've never dealt with the process, it isn't obvious where to begin — or even whether you should try. Here's our definitive guide to clear things up so that you can start off right.
Yes, you can become a Canadian citizen if you have a criminal record. However, the path will be more complicated. The Government of Canada takes note of convictions both inside the country and outside. If you were convicted of an indictable offence either at home or abroad in the four years before you apply, your citizenship application will not be approved.
In addition, certain offences committed while you were a permanent resident, whenever they took place, can also stop you from becoming a Canadian citizen. If your court case is currently under appeal, you might also have to wait before engaging in the citizenship process.
To make the road to citizenship easier, and to increase the chances that you can become a productive member of Canadian society, you should apply for a Record Suspension for offences committed within Canada. This will remove an additional barrier you may have for obtaining employment or running a business in the country by sealing your Canada criminal record.
If you committed an offence outside of Canada, you can apply for criminal rehabilitation. This allows you to overcome criminal inadmissibility and open a new path towards citizenship in Canada. The Canadian government may already consider you rehabilitated if it’s been at least 10 years since you completed your sentence. If it’s been less time, you should go through the criminal rehabilitation application process.
Regardless of your situation, there are resources to help you get back on track. If you are ready to start a new life in Canada, learn more about your options to move on from past infractions through criminal rehabilitation or Record Suspension.
Becoming a Canadian Citizen With a Criminal Record
Long story short, having a criminal record isn't always a bar to becoming a citizen. It's just that there are a lot of catches and caveats to be aware of. A Canadian Entry Waiver may be just what you need to become a citizen with a criminal record.
General Disqualifying Crimes
Certain types of criminal offenses outright prohibit you from gaining citizenship. For instance, if you're under investigation, on trial, or charged with war crimes or crimes against humanity, you can't become a citizen. The same goes for those convicted of or appealing convictions for such crimes.
What if your crime was less severe? The situation varies, but there are a few universal rules to remember.
Citizenship applicants must not be serving sentences outside Canada. They also can't be serving prison terms, probation, or parole in Canada.
For many applicants, the determining factor is whether the charge involved indictable offenses. Offenses include all violations of Canadian laws and acts. For the offense to be deemed indictable, it has to be on the serious side. This definition applies to infractions like breaking and entering, theft worth over $5,000, and violent crimes.
With indictable offenses, location doesn't make a huge difference. Whether the violation happened on Canadian soil or elsewhere, it's all about the specifics. If your conviction in another country would be an indictable offense under Canadian law, you can count on not getting citizenship.
Citizenship-related Crimes
If you're facing charges for low-level (summary) offenses, this isn't an outright block. However, it's worth noting that the nature of your history plays a role.
Criminal offenses can also block you if they fall under the Citizenship Act , which defines a range of crimes that aren't covered in other areas of Canadian law. For example, it's a crime to make a false or fraudulent statement to an immigration official. It's also illegal to hide information about your current citizenship from immigration personnel.
As with indictable offenses and war crimes, convictions aren't the only situations you need to worry about. Being charged, standing trial, or appealing a prior conviction are all disqualifying.
The Timing Matters
One tricky area for many applicants involves timing. It all boils down to the big question: If you were involved in a crime in the past, can you still become a citizen?
The timeframe to remember is four years. If your indictable offense or Citizenship Act offense is more than four years old, it's no longer considered disqualifying.
This general rule also applies to offenses for which you later received a pardon (record suspension). If you were pardoned for a disqualifying crime, you'll need to wait at least four years to apply for citizenship. For other crimes, the time limit varies — certain offenses are held to be especially unacceptable for citizenship seekers.
Misrepresenting your status on a previous citizenship application within the past five years will stop you in your tracks. This contrasts with many other refusals, such as those related to simple errors, which aren't necessarily disqualifying.
You can also lose future citizenship rights if you were a citizen but lost your status. This can happen if your citizenship was revoked on fraud charges within the past ten years.
Permanent Residents
Permanent residents are those who've immigrated to Canada but haven't yet gained their citizenship. These individuals have the best odds of becoming citizens, but it's not foolproof.
Be careful about the things you do on behalf of other countries. Permanent residents found guilty of certain offenses lose their path to citizenship. Disqualifying violations include any convictions for espionage (spying), terrorism, high treason, or treason.
Other prohibited activities as a permanent resident might not involve criminal convictions or charges, but they're still disqualifying. For instance, if you were a member of an armed force of a country engaged in violent conflict with Canada, you wouldn't be eligible to become a citizen. This also applies to membership in armed groups like militias and paramilitary organizations.
What Your Criminal Record Means for Your Path to Canadian Citizenship
As you may have noticed, citizenship and criminal records aren't always straightforward. In almost all situations, the nature, timing, and status of your offense matter. All these factors figure into whether you'll become a citizen and how easy the process will be.
There are a couple of smart ways to hurry your citizenship petition along. One is to use the government's official online tool to check whether you're eligible. The system will ask you a series of easy questions to figure out if you meet the residency requirements. It'll also ask whether you're subject to any disqualifying conditions.
With this information, you can better prepare your real application.
Talking to an immigration expert is the other choice. Even if your situation seems like a no-go for citizenship, there are always options. Whether that means waiting out the four years or taking action to advance your case, it's critical to get educated.
Despite the law being very clear on specific offenses and prohibited crimes, everyone's situation is unique. For example, you might not have been convicted but are under investigation for an offense that makes an immigration officer take notice. Or you might have completed a sentence so long ago that the government already deems you rehabilitated.
In short, the process is complicated, so you need to talk to someone who understands your circumstances. This means finding an immigration consultant who not only comprehends the law but also takes the time to learn about your case and history.
Securing a Lifeline: The Rehabilitation and Pardons Process
Rehabilitation is a process designed to help those who've been deemed inadmissible because of their criminal histories. Applying might be right for you if you were convicted of a crime and completed your criminal sentence more than five years ago.
With the criminal rehabilitation process, you'll need to go through a special application. In addition to the information you've already provided in your immigration application, you'll have to share:
- Your employment history since the age of 18, including periods of unemployment, travel, study, detention, and other non-occupational activities
- The reasons why you consider yourself rehabilitated
- The reasons why you don't represent a risk to public safety
- All the offenses that might make you inadmissible to Canada — skipping details here might permanently disqualify you!
- Your current address, marital status, citizenship, and residency status
- The reason you want to stay in or immigrate to Canada
- The places you've lived since the age of 18
You'll also need to provide a series of documents dating back to the age of 18. These include criminal clearances, police letters, or formal state certificates from all countries or US states where you lived for more than six months. Juvenile offenders convicted in countries with separate young offender prisons need letters proving they weren't convicted as adults.
Waiting Periods to Know for Rehabilitation
Being patient is another way to get around criminal inadmissibility. If you completed your sentence at least 10 years ago, you could be deemed rehabilitated. This period drops to five years for people who finished sentences for two or more crimes that would be summary-level offenses in Canada.
What About Crimes Committed in Canada?
If you've been convicted in Canada or were transferred to Canada as a prisoner, you'll have to get a record suspension — which used to be known as a pardon. Before applying for citizenship or refugee status, you should consult the guidelines from the Parole Board of Canada.
The process for getting a record suspension varies depending on the criminal offense. For instance, people with simple possession of cannabis offenses are eligible for fast-tracking unless they were also convicted of other crimes.
To be eligible for a record suspension, you need to have completed your sentences in full. This includes paying fines, surcharges, restitution, and compensation. You'll also need to have finished your parole or probation, prison term, or any other conditional sentence. The exception to this rule is that you can still apply with active weapons or driving prohibition orders.
Waiting Periods to Know for Record Suspensions
After completing your sentence, you'll have to go through a cooldown period. This varies depending on your crime, and the law has evolved over the years. Currently, the waiting period is 10 years for indictable offenses and 5 years for summary offenses. Provide as much information as possible to keep the parole board from assigning you the maximum wait time.
Talk to a Citizenship Specialist Today
Despite the formidable odds, attaining citizenship is a genuine possibility for those with criminal records. But you need to know what you're up against and how to navigate the hurdles.
Ready to discover where a successful citizenship journey might take you? Reach out to one of our helpful citizenship experts.
