Can I Get a Canada Work Permit with a Criminal Record?

The Core Rule: Criminal Inadmissibility Applies to ALL Work Permit Applications

Under IRPA s.36, a foreign national who is criminally inadmissible cannot obtain any work authorization in Canada — regardless of whether they have a job offer, an LMIA, or an LMIA-exempt category. The work permit application and the inadmissibility assessment are two separate but concurrent reviews:

1. 1

   Work permit eligibility

   Does the applicant qualify for the work permit category (LMIA-required, LMIA-exempt, IEC, etc.)? Is there a valid job offer? Are the employer and applicant eligible?

2. 2

   Admissibility assessment

   Is the applicant admissible to Canada? This includes criminal inadmissibility, medical inadmissibility, security, misrepresentation, and financial reasons. A criminal record triggers inadmissibility review under IRPA s.36.

Employer-Specific vs Open Work Permits — How Criminal Records Affect Each

Employer-Specific Work Permits (LMIA-Required)

An employer-specific work permit ties you to a named employer, occupation, and location. Most require a Labour Market Impact Assessment (LMIA) — a process where Employment and Social Development Canada (ESDC) confirms there are no Canadians available for the role.

A criminal record affects employer-specific permits as follows:

• ! The LMIA process is handled by ESDC and does not assess criminal inadmissibility — that assessment happens at the IRCC work permit stage
• ! An employer may receive a positive LMIA, and the employee may still be refused a work permit due to criminal inadmissibility
• ✓ If you obtain a TRP that covers your work permit purpose, you can receive the employer-specific work permit alongside or following the TRP

LMIA-Exempt Work Permits

LMIA-exempt work permits (CUSMA/USMCA for US/Mexico nationals, Intra-Company Transfers, IEC Working Holiday, Global Talent Stream, etc.) do not require ESDC labour market review — but they are not exempt from inadmissibility review. Every LMIA-exempt applicant must still pass the admissibility assessment at IRCC.

Open Work Permits

Open work permits (IEC, spousal OWP, PGWP, etc.) allow you to work for any employer. They are equally subject to criminal inadmissibility review. A criminal record does not receive special lenience because the permit is "open" rather than employer-specific.

The LMIA Process Does Not Waive Inadmissibility

This is one of the most common misconceptions among workers with criminal records who have secured a Canadian job offer. The LMIA process and the inadmissibility process are administered by separate government departments:

An employer who obtains a positive LMIA should be informed upfront if their prospective employee has a criminal record — the work permit may be delayed or refused, even with a valid LMIA in hand. Full transparency with the employer protects everyone.

TRP Alongside a Work Permit

A Temporary Resident Permit (TRP) under IRPA s.24(1) can be used alongside a work permit to overcome criminal inadmissibility for the purpose of working in Canada. Here is how this works:

• ✓ Apply for a TRP that specifically identifies the purpose as "work in Canada" with the named employer and duration
• ✓ The TRP and work permit applications can be submitted simultaneously to the same IRCC visa office
• ✓ If the TRP is approved, the work permit can be issued for the same period
• ✓ TRP for work purposes: government fee of $200 CAD per TRP + work permit fee
• ! TRP approval is not guaranteed — the officer must be satisfied that the need to work in Canada outweighs the risk posed by the criminal record
• ! Compelling factors: specialized skills unavailable in Canada, time-sensitive project, long-standing employment relationship, strong rehabilitation evidence

Practical Steps — Work Permit with a Criminal Record

1. 1

   Screen your admissibility

   Use the free Admissibility Screener to determine your exact inadmissibility tier (IRPA s.36(1) serious criminality or s.36(2) criminality) and whether deemed rehabilitation applies. This determines your pathway.

2. 2

   Check if deemed rehabilitation applies

   If 10+ years have passed since completing a single, non-serious criminality sentence, deemed rehabilitation may resolve your inadmissibility automatically — no TRP needed.

3. 3

   Secure the work permit category first

   Confirm with your employer or IRCC whether an LMIA is required, or whether an LMIA-exempt category applies (CUSMA, IEC, Global Talent Stream, etc.). The work permit category does not affect your inadmissibility strategy.

4. 4

   Apply for TRP alongside work permit application

   If you are inadmissible, apply for a TRP that covers your work purpose. Pre-approval from a Canadian visa office is strongly preferred over requesting at the border — especially for employment-related entries.

5. 5

   Apply for Criminal Rehabilitation if eligible

   If 5+ years have passed since completing all sentence conditions, apply for Criminal Rehabilitation ($200–$1,000 CAD depending on severity). Once approved, you are permanently resolved — no TRP needed for future work permit applications.

6. 6

   Inform your employer early

   Your employer needs to understand that the work permit process may take longer than standard due to the inadmissibility review. This avoids misunderstandings about start dates and project timelines.

Frequently Asked Questions