Short answer: in many cases yes, but a criminal record does not give you a free pass and it does not automatically bar you either. You generally have to clear a second, separate hurdle on top of the normal work permit requirements. Criminal inadmissibility under section 36 of the Immigration and Refugee Protection Act (IRPA) applies to every Canadian immigration application, including every category of work permit. A positive Labour Market Impact Assessment (LMIA), a compelling job offer, or years of prior legitimate visits to Canada do not override or waive inadmissibility. Depending on the offence and how much time has passed, your path to a work permit usually runs through one of three options: deemed rehabilitation under IRPA s.36(3)(c) (operationalized through IRPR s.18, which can apply automatically over time but only to a single, non-serious offence and not to serious criminality such as most recent DUIs), a Temporary Resident Permit (a temporary, purpose-specific entry document), or Criminal Rehabilitation (a permanent fix). This guide explains, in plain language, how a criminal record affects each type of work permit, why the LMIA does not solve the problem, and what the realistic steps are. It is educational information, not legal advice, and a visa or border officer always retains discretion over the final decision.
The Core Rule: Criminal Inadmissibility Applies to ALL Work Permit Applications
Under IRPA s.36, a foreign national who is criminally inadmissible generally cannot be issued a work permit unless the inadmissibility is first addressed (for example through a Temporary Resident Permit or approved rehabilitation), 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
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
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.
Both reviews must pass. Passing the work permit eligibility review but failing the admissibility review results in a refused application. A positive LMIA or a highly skilled job offer does not provide any "pass" on inadmissibility: IRCC officers are required to assess both independently.
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 and Mexican professionals, Intra-Company Transfers, IEC Working Holiday, the Global Talent Stream, and others) skip the ESDC labour market review, but "LMIA-exempt" does not mean "admissibility-exempt." Every LMIA-exempt applicant must still clear the criminal inadmissibility assessment at IRCC or at the port of entry. What this means in practice: a US engineer who qualifies for a CUSMA work permit and a backpacker who wins an IEC Working Holiday spot are both assessed for criminal inadmissibility in exactly the same way as someone applying through the LMIA stream. The faster, simpler work permit category does not buy any leniency on the criminal side.
Open Work Permits
Open work permits (IEC, spousal or common-law partner open permits, the Post-Graduation Work Permit, and others) let you work for almost any employer in Canada. They are equally subject to criminal inadmissibility review. A criminal record does not receive special lenience because the permit is "open" rather than tied to a single employer. For example, the spouse of a Canadian study or work permit holder who applies for an open work permit, and a graduate applying for a Post-Graduation Work Permit, are both screened for criminal inadmissibility. If an unresolved record surfaces, the open permit can be refused regardless of who the sponsoring family member or institution is. In short, every work permit route, employer-specific, LMIA-exempt, or open, runs through the same IRPA section 36 check.
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:
| Process | Administered By | Assesses Criminal Record? |
|---|---|---|
| Labour Market Impact Assessment (LMIA) | ESDC (Employment and Social Development Canada) | No |
| Work Permit Application & Admissibility | IRCC (Immigration, Refugees and Citizenship Canada) | Yes, under IRPA s.36 |
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 carries a government processing fee of $246.25 CAD per applicant as of December 1, 2025 (confirm the current fee on IRCC, as fees change), and this is separate from the work permit fee of $155 CAD and, where required, the biometrics fee of $85 CAD
- !TRP approval is not guaranteed, the officer must be satisfied that your need to work in Canada outweighs the risk your criminal record is judged to present. The officer retains full discretion and decides each case on its own facts
- !Factors that generally strengthen a work-purpose TRP: specialized skills genuinely unavailable in the Canadian labour market, a time-sensitive project or contract, a long-standing employment relationship, evidence of rehabilitation, and a single, dated, lower-end offence rather than recent or repeated convictions
Practical Steps: Work Permit with a Criminal Record
- 1
Explore your admissibility
Use the free Admissibility Explorer to determine your exact inadmissibility tier (IRPA s.36(1) serious criminality or s.36(2) criminality) and whether deemed rehabilitation under IRPA s.36(3)(c) applies. This determines your pathway.
- 2
Check if deemed rehabilitation applies
Deemed rehabilitation under IRPA s.36(3)(c), operationalized through IRPR s.18, can apply where 10+ years have passed since completing the sentence for a single, non-serious offence. It does not apply to serious criminality (s.36(1)), which covers most recent DUIs. Where it does apply, it may resolve inadmissibility without a TRP, but an officer still assesses the facts.
- 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
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
Apply for Criminal Rehabilitation if eligible
If at least 5 years have passed since you completed all sentence conditions (custody, probation, fines, and any driving prohibition), you may be eligible to apply for Criminal Rehabilitation. The government processing fee is $246.25 CAD for non-serious criminality and $1,231 CAD for serious criminality as of December 1, 2025 (confirm the current fee on IRCC, as fees change). Once approved, your criminal inadmissibility is permanently resolved and no TRP is generally needed for future work permit applications.
- 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.
Explore your admissibility before applying
Know your IRPA section and pathway before your employer starts the LMIA process, saves everyone time and money.
Free Admissibility ExplorerFrequently Asked Questions
My employer got a positive LMIA, does that mean I can get a work permit?+
Not automatically. A positive LMIA confirms that the labour market justifies hiring a foreign worker, it does not affect your admissibility to Canada. You still need to pass IRCC's admissibility review, which includes your criminal record. If you are found inadmissible, you may need a TRP or Criminal Rehabilitation approval alongside your work permit application.
I have a CUSMA/USMCA work authorization as a US citizen, does my criminal record still matter?+
Yes. CUSMA/USMCA exempts many US professionals from the LMIA requirement but does not create any exemption from IRPA admissibility requirements. US citizens with criminal records are subject to the same inadmissibility assessment as any other foreign national at a Canadian port of entry or visa office.
Can I get a Canadian working holiday permit (IEC) with a DUI?+
IEC work permits are also subject to criminal inadmissibility review. A DUI conviction (post-December 18, 2018) maps to serious criminality under IRPA s.36(1) and would require a TRP or Criminal Rehabilitation approval. Apply for the TRP alongside your IEC work permit application.
How long does a TRP for work purposes take to process?+
IRCC does not publish a fixed processing standard for TRPs, and times vary significantly depending on the visa office and the complexity of the case; some take weeks while more complex files take considerably longer. Do not request a TRP for the first time at the border when you are travelling for work, pre-approval from a visa office is strongly recommended to ensure you have authorization before your start date.
Once I have Criminal Rehabilitation approval, do I need anything extra for future work permits?+
No. Criminal Rehabilitation provides permanent resolution of criminal inadmissibility. Once approved, you apply for work permits through the standard process with no additional inadmissibility steps, provided no new convictions arise after approval.
Can my Canadian employer apply for the work permit on my behalf so the criminal record never comes up?+
No. The employer can submit the job offer in the Employer Portal and pay the employer compliance fee, and may pursue an LMIA through ESDC, but the work permit application and the admissibility assessment belong to you, the foreign national. IRCC assesses your criminal inadmissibility under IRPA section 36 no matter who initiates the hiring. There is no version of the process where an employer can have the record set aside. Being upfront with your employer about timing usually prevents problems with start dates.
Do I have to disclose a criminal record on a work permit application, or can I leave it off?+
You must answer the background and criminal-history questions truthfully. Leaving off a conviction, or answering "no" when the truthful answer is "yes," can be treated as misrepresentation under IRPA section 40, which generally carries its own 5-year inadmissibility that is separate from, and not cured by, criminal rehabilitation. Canadian border and immigration officers have access to various databases and information-sharing channels, so an undisclosed record can surface during processing or at the border. Disclosing honestly and resolving the inadmissibility properly is generally the safer path. This is general information, not advice on your specific case.
I had a DUI but it was years ago. Can deemed rehabilitation clear it for my work permit?+
It depends heavily on the date. Impaired operation offences committed on or after December 18, 2018 are punishable in Canada by a maximum of 10 years (Criminal Code section 320.14, with the maximum set by section 320.19), which makes them serious criminality under IRPA s.36(1). Deemed rehabilitation does not apply to serious criminality, so for a recent DUI you would generally need a TRP or approved Criminal Rehabilitation rather than waiting it out. For older impaired-driving offences the position can differ and the retroactivity of the 2018 change is legally unsettled, so confirm your situation with IRCC or a licensed immigration professional.
My record was pardoned or expunged in my home country. Does Canada ignore it for work permit purposes?+
Not automatically. A foreign pardon, expungement, or equivalent is not automatically recognized by Canada. IRCC assesses your history under Canadian law and equivalency, so a foreign discharge does not, on its own, remove inadmissibility. There are limited circumstances in which a foreign record suspension, pardon, or acquittal can be recognized, but this is assessed case by case, and the officer decides. If your record was dealt with abroad, it is worth confirming how Canada would treat it before you rely on it for a work permit.
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This page is based on law and policy published by the Government of Canada.