If you’re planning to immigrate to Canada, you will need to obtain a police certificate confirming the absence of a criminal past, and if you have a criminal record, you must apply for rehabilitation.
Canada is the safest country on both American continents. With a huge flow of immigrants from around the world, it is difficult to maintain this state of safety. Therefore, all people arriving in Canada are thoroughly checked, and those with a criminal record may be denied entry.
Criminal and Security Check
Canadian immigration officers run a criminal and security checks of those who enter the country and those who apply for a residence permit in Canada. Applicants should provide a police certificate, which confirms that there is no criminal record or contains a list of criminal records.
Who Needs a Police Certificate
You and your family members may need to provide a police certificate if you are applying for Canadian citizenship or residence permit. The authorities may also request this certificate if you are traveling as a tourist, student or temporary worker.
All family members who are over 18 years old must provide a police certificate. If the document is in another language than English or French, it must be translated by a certified translator.
When to Get a Police Certificate
If you need to provide a police certificate from the country where you currently live, the certificate must be issued no later than 6 months before you apply for a residence permit or visa. If you have lived in the country in the past, this certificate should be issued after the last time you lived there.
When you need a police certificate also depends on the immigration program through which you apply for Canadian residence.
Express Entry
If you have applied through the Express Entry system and received an invitation to apply (ITA) for a permanent residence, you need to attach a colour copy of the original police certificate to your Electronic Application for Permanent Residence (e-APR) within 90 days.
If in your country the process of getting a police certificate takes more than 90 days, you may skip waiting for an ITA and apply for a police certificate in advance. If you do not have time to get the certificate by the deadline, attach an explanation to your e-APR along with a payment receipt, delivery notification or tracking number.
International Experience Canada
If you have applied through the International Experience Canada Program, in most cases, you need to provide a police certificate when applying for a work permit. This document should not be older than 6 months at the time of application.
Where to Get a Police Certificate
You may need to obtain a police certificate in every country where you spent 6 or more consecutive months since the age of 18.
To get a police certificate, you need to contact an official body, provide personal information, documents, photographs, addresses, and in some cases give fingerprints and pay a fee.
If you cannot get a police certificate in a country because you left it as a refugee or for another reason, write an explanatory note and attach it to your e-APR along with other documents.
You can use the official online tool to select a country from the list and find out how and where to get a police certificate.
China
If you are a citizen or permanent resident of China, you can apply for a police certificate in person or with the help of a representative at the Notary Public Office or at the local police station in the city where you live. Different cities have different ways to apply.
In general, you will need the following documents:
- Your original national ID card
- Your original Permanent Residence Registration (Hukou) booklet
- The original request document from the Notary Public Office
- Completed application form with information on education and employment experience
India
If you are a citizen or permanent resident of India, you can apply for a police certificate in one of the following organizations:
- Passport office on the Passport India website
- Local police station
- Online on the Delhi Police website
Each district police station may need different information and documents.
Philippines
If you are a citizen or permanent resident of the Philippines, you can apply for a police certificate online or in person at one of the National Bureau of Investigation (NBI) offices.
You will need the following documents:
- Completed application
- Any two of the following valid original IDs: valid passport, voter’s ID, driver’s license, PRC license, Tax Identification Number (TIN) ID, NSO Authenticated Birth Certificate, Alien Certificate of Registration, Senior Citizen card, previous copy of NBI Clearance or any other ID issued by official authorities
If you apply online, you must still go to an NBI office and present your printed online registration code to the NBI Clearance Centre for processing. Fingerprints and photographs will be taken when you go to the NBI office in person.
UK
If you are a citizen or permanent resident of the UK, you can apply for a police certificate at the Association of Chief Police Officers (ACPO) Criminal Records Office (ACRO). You can apply online, but police certificates will only be provided in a physical format.
You will need the following documents:
- Proof of your current address
- Passport-style colour photograph
- Colour copies of your passport or travel document or official ID containing a photo
- Your address history
- UK National Insurance and Driving Licence numbers (if applicable)
Criminal Rehabilitation
If you have committed a minor offense, this will not be an obstacle to immigrating to Canada. However, if you had a criminal record and the crime was a serious offence, you need to undergo criminal rehabilitation to be able to move to this country.
How to Enter Canada with a Criminal Record
If you have a criminal record, most likely your case will be refused and you may even become inadmissible to Canada meaning you may be denied entry to Canada.
The real case: a person applied for immigration under one of the Quebec programs, received a certificate of selection, and after that, he got into an accident and hit a pedestrian in his home country. When he sent his police certificate to Canada, he was immediately refused.
The applicant is considered inadmissible if he or she:
- Has been convicted of a crime in Canada
- Has been convicted of a criminal act outside of Canada that is considered a crime in Canada or in the country in which it was committed
Even if one family member has a criminal record, the whole family becomes inadmissible. To prevent this situation, a family member with a criminal record needs to undergo rehabilitation.
A person who has not undergone rehabilitation may be denied immigration if he has committed one or more crimes of the following types:
- Theft
- Assault
- Manslaughter
- Dangerous driving
- Driving while under the influence of drugs or alcohol
- Possession of or trafficking in drugs or controlled substances
A full list of felonies can be found in the Canadian Criminal Code and the Controlled Drugs and Substances Act.
However, depending on the crime, time limitation, and your behavior, you may be allowed to enter Canada if you:
- Convince the immigration officer that you are deemed rehabilitated and that you do not need to undergo a rehabilitation procedure
- Applied for individual rehabilitation and were rehabilitated
- Prove the record suspension (meaning you were acquitted or the charge was initially false)
- Committed a crime as a minor (under 18) and had a sentence under the Youth Criminal Justice Act
- Have a temporary residence permit in Canada
What to Do If You Have a Criminal Record
If you’re planning to immigrate to Canada with a criminal record and want to go through the rehabilitation process, follow the steps below.
Step 1: Determine the equivalent of a crime
Identify the article under which you were accused or convicted, write down the exact wording and determine the equivalent of a crime under Canadian laws:
Summary offence: less serious offense, which is punishable by imprisonment for up to 6 months and / or a fine of up to C$5,000. The trial of this crime can be processed without the right to a jury trial.
Indictable offence: serious offence. The trial of this crime can only end with an indictment after a preliminary hearing. In trials for these offenses, the accused usually has the right to a jury trial.
Hybrid offence: hybrid violation of the law, which is both a summary offence and an indictable offence. For immigration, this type of offence is considered an indictable offence, even if the punishment was consistent with a summary offence.
Criminality: a criminal act punishable by Canadian law for a period of fewer than 10 years.
Serious criminality: a serious criminal offense punishable by Canadian law for a term of 10 years or more.
Step 2: Make sure if you need rehabilitation
If you have committed only one summary offence, you can enter Canada. If you have committed more than one summary offence or one or more indictable offences, you will need rehabilitation.
There is a concept of being deemed rehabilitated in Canadian law. It means that after a certain period of time a person is considered rehabilitated and there is no need to go through a rehabilitation process and pay for it.
A person is deemed rehabilitated if:
- At least 10 years have passed since the commission of the crime or the completion of the punishment for an indictable offence or hybrid offence, which is not considered serious criminality
- At least 5 years have passed since the completion of the sentence for two or more summary offences
In other cases, you need to undergo individual rehabilitation after 5 years from the date of the crime and the completion of the punishment. Count 5 years as follows:
- Imprisonment with no chance of parole: 5 years from the date of the expiration of the term of imprisonment
- Imprisonment with parole: 5 years after the completion of parole
- Probationary period: 5 years from the date the probationary period ends
- Driving ban: 5 years from the end of the ban
Example 1: You were convicted of a crime on December 13, 2014 and received a 3-month prison sentence. You can apply for rehabilitation 5 years after the expiration of the sentence. If your imprisonment of 3 months has ended on March 13, 2015, you can apply for rehabilitation on March 13, 2020.
Example 2: On June 3, 2013, you were found guilty of drunk driving and deprived of a driver’s license for 3 years. The sentence ended on June 3, 2016. You can apply for rehabilitation on June 3, 2021 (5 years from the date of termination of punishment or the date of restoration of your driver’s license).
Example 3: If you were fined for an indictable offence or hybrid offence, count 5 years from the date of payment of the fine. In case of payment in installments, 5 years must be counted from the date of the last payment.
Step 3: Gather documents for rehabilitation
If you need to undergo rehabilitation, you need to collect the following documents:
- Application for Criminal Rehabilitation (IMM 1444)
- Use of a Representative (IMM 5476) — if you submit documents through a representative
- Copy of the passport page with the name, date, and place of birth
- Copy of the court decision (sentence, ruling, etc.), which contains the description of the charge, article, and verdict
- Copies of articles relevant to the time when you were charged (texts can be taken from the Internet)
- Copies of other documents related to the case (recommendations of the judge, notes of your parole officer, etc.) These documents should have the date of execution of the sentence
- Originals of police certificates from all countries, including Canada, where you lived for 6 months or more since you were 18 years old
- Documents proving that there are special measures for minors in the country where you were convicted — if you were convicted at a minor age
Step 4: Pay the processing fees
To get your rehabilitation case processed, you need to pay the following fees:
- C$200 if the crime is considered a criminality
- C$1,000 if the crime is considered a serious criminality
You can pay online. After having paid, print two copies of the IRCC receipt with a barcode. Do not close the page without printing a receipt. Attach one copy of the receipt to the rehabilitation application. Save the second copy for yourself.
Step 5: submit documents
If you are applying to enter Canada in paper form, you can apply for rehabilitation at the nearest Canadian visa application centre.
If you are applying for entry to Canada online, you must send your rehabilitation application by mail or courier.
Step 6: Wait for a decision
After you send the documents, the immigration officer will check them, give your case a positive or negative recommendation, and send the application to the authority that will approve or reject your rehabilitation application. Later, you will receive an email with the decision.
If the crime you committed is not a serious one, most likely the decision will be made by an employee of a Canadian embassy in your country. In the event of a serious crime, the decision will be made by the Minister of Immigration, Refugees and Canadian Citizenship, you may be called for an interview, and the review of your case may take a year.
Decision on Criminal Rehabilitation
In Canada, offenders are classified into five categories, from the most to the least eligible for rehabilitation (the profiles are contained in the ENF 14 document, section 17 Procedure: Criminal profile description and rehabilitation factors).
A criminal is rehabilitated if he meets mandatory and optional conditions according to his profile.
Mandatory conditions:
- To be aware of the crime
- To assume responsibility for the crime committed
- To regret the crime
- To make amends to the victim (if applicable)
- To not break the law again after the first crime was committed
Optional conditions:
- To receive psychological help or undergo a therapy to get rid of addiction to alcohol or drugs
- To complete a rehabilitation program if the crime was related to drugs, alcohol, assault or sexual assault
- To complete training on life and social skills
- To complete an educational program or an internship
- To have a steady job
- To join new social groups
- To participate in community life and social events
- Be married, to live in a family, have a permanent residence