Every Canadian immigration visa applicant aged 18 or over undergoes security and criminal record checks to establish that they are not inadmissible on criminal grounds.
Contents
Overview
Police certificates can usually be obtained through law enforcement offices or other government bodies. In exceptional cases, the Canadian immigration visa office waives the requirement to submit a police certificate.
In general, applicants and all family members aged 18 or over need to obtain a police certificate. These certificates must be obtained from each country or territory in which the individual has lived continuously for 6 months or more since the age of 18.
For the country in which the individual currently lives, the police certificate must have been issued no more than 6 months before the applicant applies.
For countries in which the individual has lived for 6 months or more, the police certificate must have been issued after the applicant last lived in that country.
If an applicant’s police certificate is in a language other than English or French, it must be submitted together with an original copy of a translation carried out by a certified translator.
All Canadian immigration applicants also undergo background checks to screen out those who have been, or are, involved in espionage, subversion or terrorism. This is to ensure that the safety and order of Canadian society are maintained and protected.
Such security screening decisions are made on the basis of information from every available source, which is then weighed carefully to establish whether the applicant is likely to threaten Canada’s internal security. Where there are indications of a security concern, an interview is arranged to discuss those findings with the applicant. Anyone posing such a threat must be prevented from entering Canada.
Please note that there is a clear distinction between the police certificate, which applicants are required to obtain, and the background check, in which applicants are largely not actively involved.
See how to obtain a police certificate for each country on the Government of Canada website athere.
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Frequently asked questions (FAQ) on police certificates for immigration to Canada
All Canadian immigration visa applicants aged 18 or over may need to submit a police certificate from each country in which they have resided, as part of the security screening process. Police certificates may go by different names in different countries.
They are official documents indicating any previous criminal activity in the country issuing the document. If officials in a particular country refuse to issue a police certificate, it helps if the applicant can obtain a written statement from them confirming that they have refused to issue the certificate.
This depends on the Canadian immigration category the applicant is applying to and the Canadian immigration visa office at which the application is submitted. Police certificates are valid for a limited period only. For more detailed information, applicants should seek professional advice or obtain guidance from the Canadian immigration visa office at which they will apply.
This depends on the country from which the applicant needs the police certificate. See detailed guidance on how to obtain a police certificate from each country athere.
Where a police certificate cannot be obtained from a particular country, a written statement from that country’s police officials confirming their refusal to issue the certificate may be required.Immigration, Refugees and Citizenship Canada (IRCC)may even waive this requirement entirely where a clear obstacle can be demonstrated. Applicants should assume that certificates must be obtained.
A background check identifies applicants who are, or have been, involved in espionage, subversion or terrorism. It is separate from, and additional to, the police certificate. Background checks are carried out by the Canadian government without the applicant’s involvement.
Individuals wishing to enter Canada, whether permanently or temporarily as visitors, foreign workers or international students, may be refused entry if they or their dependants are found criminally inadmissible.
A person may be found inadmissible on the following grounds:
Trong Canada:
- Being convicted of an indictable offence carrying a sentence of less than 10 years.
- Being convicted of 2 or more summary offences.
Outside Canada:
- Committing an act that, if committed in Canada, would be equivalent to an indictable offence carrying a sentence of less than 10 years.
- Being convicted of an act that, if committed in Canada, would be equivalent to an indictable offence carrying a sentence of less than 10 years.
- Being convicted of 2 or more acts that, if committed in Canada, would be equivalent to summary offences.
- Being convicted of an act that, if committed in Canada, would be equivalent to a hybrid offence carrying a sentence of less than 10 years; or
Trong Canada:
- Being convicted of an act punishable by a maximum sentence of at least 10 years.
- Being convicted and receiving a term of imprisonment of at least 6 months.
Outside Canada:
- Committing an act that, if committed in Canada, would be equivalent to an indictable offence carrying a maximum sentence of at least 10 years.
- Being convicted of an act that, if committed in Canada, would be equivalent to an indictable offence carrying a maximum sentence of at least 10 years; or
- Being convicted of an act that, if committed in Canada, would be equivalent to a hybrid offence carrying a maximum sentence of at least 10 years; or
A hybrid offence is an offence that may be prosecuted in Canada either by indictment or by summary conviction. A conviction for an act outside Canada equivalent to a hybrid offence in Canada is treated as an indictable offence for Canadian immigration purposes.
Even where the conviction was a summary conviction in the place it occurred, it is still treated as an indictable offence byImmigration, Refugees and Citizenship Canada (IRCC)provided the act is equivalent to a hybrid offence in Canada.
If an applicant is otherwise eligible but criminally inadmissible, they may be permitted to enter Canada if IRCC considers them criminally rehabilitated in one of 2 ways:
Those inadmissible on grounds of criminality may still be permitted to enter Canada if they qualify fordeemed rehabilitation.
Individuals qualify for deemed rehabilitation if they:
- Were convicted outside Canada of an act that, if committed in Canada, would be equivalent to an indictable offence carrying a sentence of less than 10 years, and they meet the following requirements:
- 10 years have passed since they completed their sentence.
- They have not been convicted of any indictable or summary offence in Canada in the past 10 years, or of more than one summary conviction in the preceding 10 years.
- They have not been convicted outside Canada in the past 10 years of an act that, if committed in Canada, would constitute an indictable offence, or of more than one summary conviction in the preceding 10 years.
- Were convicted outside Canada of 2 or more acts that, if committed in Canada, would be equivalent to summary offences, and they meet the following requirements:
- 5 years have passed since they completed their sentences.
- They have not been convicted of any indictable or summary offence in Canada in the past 5 years, or of more than one summary conviction in the preceding 5 years.
- They have not been convicted outside Canada in the past 5 years of an act that, if committed in Canada, would constitute an indictable offence, or of more than one summary conviction in the preceding 5 years.
- Committed an act outside Canada that, if committed in Canada, would be equivalent to an indictable offence carrying a sentence of less than 10 years, and they meet the following requirements:
- 10 years have passed since they completed their sentence.
- They have not been convicted of any indictable or summary offence in Canada in the past 10 years, or of more than one summary conviction in the preceding 10 years.
- They have not been convicted outside Canada in the past 10 years of an act that, if committed in Canada, would constitute an indictable offence, or of more than one summary conviction in the preceding 10 years.
Those inadmissible on grounds of serious criminality cannot qualify for deemed rehabilitation — that is, the mere passage of time after completing their sentence is not enough for them to be considered rehabilitated.
Those in the serious criminality category, however, as well as others who do not qualify for deemed rehabilitation, may still be eligible under the individual rehabilitation category.
To qualify for individual rehabilitation, a person must:
- Wait 5 years after completing their sentence before applying.
- Demonstrate that they have been rehabilitated and no longer pose a risk of criminal activity. This may require demonstrating:
- A stable lifestyle
- Community ties
- Social and professional skills
- That the criminal conduct was an isolated event
Yes. Where the applicable rehabilitation requirements have not been met, but a criminally inadmissible person has a pressing need to enter Canada, aTemporary Resident Permit (TRP)may be issued.
A TRP is issued only where the risk to the Canadian public is outweighed by the inadmissible person’s need to be in Canada. Both the seriousness of the person’s previous offence and the legitimate urgency of their need to enter Canada (such as visiting a dying relative) are therefore taken into account in the decision.
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