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

In many cases, yes, but you must pass two checks. IRCC assesses whether you qualify for the work permit and, separately, whether your record makes you inadmissible under IRPA s.36. A job offer or positive LMIA does not waive that. A Temporary Resident Permit, or Criminal Rehabilitation 5 years after your sentence ends, can resolve it. An officer decides.

See which IRPA sections apply with the Admissibility Explorer

Last verified: November 2026

$246.25
IRCC’s Temporary Resident Permit fee, per applicant
$155
IRCC’s work permit fee
$246.25
Criminal Rehabilitation fee for non-serious criminality
$1,231
Criminal Rehabilitation fee for serious criminality

Fees change, so confirm the current fee on IRCC before you pay. The Fee Calculator shows them.

What two checks does a work permit application face?

With a criminal record, you generally have to pass a second, separate test 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.

Work permit eligibility: Does the applicant qualify for the work permit category (LMIA-required, LMIA-exempt, IEC and others)? Is there a valid job offer? Are the employer and applicant eligible?
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, because IRCC officers are required to assess both independently.

The rule

A foreign national who is criminally inadmissible generally cannot be issued a work permit unless the inadmissibility is first addressed.

IRPA s.36Verify on justice.gc.ca

Does the type of work permit change the check?

Employer-specific work permits: They tie you to a named employer, occupation and location, and many require an LMIA. 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: CUSMA/USMCA for US and Mexican professionals, Intra-Company Transfers, IEC Working Holiday and others skip the labour market review. Every LMIA-exempt applicant must still clear the criminal inadmissibility assessment at IRCC or at the port of entry.
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.

Does a positive LMIA waive inadmissibility?

No. The LMIA process and the inadmissibility process are administered by separate government departments.

Which department assesses what
Process	Administered by	Assesses criminal record?
Labour Market Impact Assessment (LMIA)	ESDC (Employment and Social Development Canada)	No
Work permit application and admissibility	IRCC (Immigration, Refugees and Citizenship Canada)	Yes, under IRPA s.36

An employer may receive a positive LMIA, and the employee may still be refused a work permit due to criminal inadmissibility. The work permit may be delayed or refused, even with a valid LMIA in hand.

How does a TRP work 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.

Apply for a TRP that identifies the purpose as work in Canada, with the named employer and duration.
IRCC says a foreign national issued a TRP valid for at least 6 months can apply in Canada for a work permit.
If the TRP is approved, the officer sets how long it is valid, three years at most (IRPR s.63).
The TRP fee is $246.25 per applicant. It is separate from the $155 work permit fee and, where required, the $85 biometrics fee.
TRP approval is not guaranteed. IRCC says your need to enter or stay in Canada must outweigh the health or safety risks to Canadian society, as determined by the officer.
IRCC issues TRPs only for compelling reasons. Even when the reason for inadmissibility seems minor, the applicant must show a compelling reason for the visit.

What are the steps, in order?

Check which IRPA sections apply
The free Admissibility Explorer shows which IRPA sections your answers touch (s.36(1) serious criminality or s.36(2) criminality) and the published deemed rehabilitation criteria under IRPA s.36(3)(c). The tier sets which pathways the law provides.
Check whether deemed rehabilitation applies
Deemed rehabilitation under IRPA s.36(3)(c), operationalized through IRPR s.18, needs no application but covers only set cases, such as a single non-serious offence after 10 years. It never covers serious criminality, such as a DUI committed since December 18, 2018. Where it does apply, an officer still assesses the facts.
Confirm the work permit category
Confirm with your employer or IRCC whether an LMIA is required, or whether an LMIA-exempt category applies (CUSMA, IEC and others). The Global Talent Stream is an LMIA stream run by ESDC. The work permit category does not change the admissibility test.
Apply for a TRP with the work permit
If you are inadmissible, apply for a TRP that covers your work purpose. A TRP can be requested before travel, within a visa or permit application or through IRCC’s web form, or at a port of entry, and an officer decides in either case.
TRP $246.25
Apply for Criminal Rehabilitation once eligible
Once at least 5 years have passed since you completed all sentence conditions (custody, probation, fines and any driving prohibition), you can apply for Criminal Rehabilitation. Approved rehabilitation removes that ground of inadmissibility (IRPA s.36(3)(c)), so the TRP is no longer needed for it.
$246.25 or $1,231

Which free tool checks your own case?

Free, with no account. What you enter in a tool stays in your browser.

What do people ask?

Are you allowed in Canada with a criminal record?

Sometimes. A criminal record does not bar you automatically, but it can make you inadmissible under IRPA s.36, depending on the Canadian offence your record matches and its maximum penalty. Deemed rehabilitation, a Temporary Resident Permit or approved Criminal Rehabilitation can resolve the inadmissibility. The same test applies to visitors and workers. The Admissibility Explorer shows which IRPA sections your record touches.

My employer got a positive LMIA. Does that mean I can get a work permit?

Not automatically. A positive LMIA confirms the labour market justifies hiring a foreign worker. It says nothing about your admissibility. ESDC runs the LMIA and does not look at criminal records, while IRCC checks your record under IRPA s.36 at the work permit stage. If you are inadmissible, you may need a TRP or Criminal Rehabilitation alongside the permit. Our LMIA guide explains what the assessment covers.

I have CUSMA/USMCA work authorization as a US citizen. Does my criminal record still matter?

Yes. CUSMA/USMCA exempts many US professionals from the LMIA, but it creates no exemption from IRPA admissibility rules. US citizens with criminal records face the same inadmissibility assessment as any other foreign national at a port of entry or visa office. A TRP or Criminal Rehabilitation is still the route when a record makes you inadmissible. Our CUSMA/USMCA Work Permit guide covers the professions and fees.

Can I get a Canadian working holiday permit (IEC) with a DUI?

Only after the inadmissibility is resolved, because IEC permits get the same criminal review. A DUI committed on or after December 18, 2018 is serious criminality under IRPA s.36(1), so you would need a TRP, or Criminal Rehabilitation once 5 years have passed since the sentence ended. Apply for the TRP alongside your IEC work permit. Our DUI guide explains both routes and the date rule.

How long does a TRP for work purposes take to process?

IRCC publishes no processing time for TRPs, so this guide gives none. A TRP can be requested before travel, within a visa or permit application or through IRCC's web form, or at a port of entry, and a request decided before travel is settled before the start date. An officer decides in either place. Our Temporary Resident Permit page explains how the permit works.

Do I have to disclose a criminal record on a work permit application?

Yes. You must answer the background and criminal history questions truthfully. Leaving a conviction off can be misrepresentation under IRPA s.40, which carries its own 5-year inadmissibility that Criminal Rehabilitation does not cure. IRPA s.16(1) requires a truthful answer to every question on an application. Our Criminal Inadmissibility guide explains how IRPA s.36 and s.40 interact.

I had a DUI years ago. Can deemed rehabilitation clear it for my work permit?

It depends on the date. A DUI committed on or after December 18, 2018 carries a 10-year maximum (Criminal Code s.320.19), which is serious criminality, and deemed rehabilitation never covers it. For an older offence, IRCC applies the penalties in force at the time, so it may be criminality, where deemed rehabilitation can apply 10 years after one sentence ends. Our Deemed Rehabilitation guide explains the 10-year rule.

My record was pardoned or expunged in my home country. Does Canada ignore it?

Not automatically. Canada assesses your history under Canadian law and equivalency, so a foreign pardon or expungement does not, on its own, remove inadmissibility. IRCC says a person pardoned or discharged in another country may still be inadmissible, and the visa office for the region tells you whether the pardon is valid in Canada. Our Expunged Record guide explains the test.

Part of:Criminal record

Official sources

This page is based on law and policy published by the Government of Canada.

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

What two checks does a work permit application face?

Does the type of work permit change the check?

Does a positive LMIA waive inadmissibility?

How does a TRP work alongside a work permit?

What are the steps, in order?

Check which IRPA sections apply

Check whether deemed rehabilitation applies

Confirm the work permit category

Apply for a TRP with the work permit

Apply for Criminal Rehabilitation once eligible