Having a criminal record can make international travel and migration difficult. This is no less true in the context of Canadian immigration. For those applying to enter Canada on a temporary or permanent basis, having a criminal record can potentially result in criminal inadmissibility as well as an unsuccessful application. Additionally, for individuals already in Canada with temporary or permanent resident status, being convicted of a crime in Canada can result in status revocation and removal from the country. If this occurs, the individual will be unable to return until the convictions have been removed from their record or a temporary resident permit is obtained.
Article 36 of the Immigration and Refugee Protection Act (the Act) sets out the circumstances in which a foreign national or permanent resident would be considered inadmissible, whether convicted inside or outside of Canada. It also addresses situations of possible consideration to overcome criminal inadmissibility, inclusive of: being deemed rehabilitated, applying for rehabilitation to Citizenship and Immigration Canada, and obtaining a pardon or record suspension.
With respect to convictions that occur inside of Canada (according to the Act), there is no option to be deemed rehabilitated or to apply for rehabilitation. In most cases, the sole recourse is to obtain a record suspension (formerly referred to as a pardon) from the Parole Board of Canada (PBC).
Prior to 2012, getting a record suspension from the PBC was relatively easy and inexpensive. However, in 2012, changes to the Criminal Records Act came into force, making obtaining a record suspension in Canada more difficult. Among the more significant changes were quadrupling application fees (from $150 to $631, even for less serious offences) and a considerable increase in the waiting period before a person would be eligible to apply for a record suspension after completing their sentence.
Unsurprisingly, these changes resulted in a staggering drop in the amount of record suspension applications received by the PBC. Compared to 2011-2012 levels, the amount of applications received last year dropped by over fifty percent.
Many critics have called these changes punitive and disproportionate because the old system was generally considered to be working fine. To wit, the recidivism rate for individuals who obtain record suspensions was last measured to be less than 1 percent.
However, good news may be on the way for those people (including foreign nationals and permanent residents) with Canadian criminal records seeking a second chance through obtaining a record suspension as the changes made in 2012 may soon be reversed.
It remains to be seen what changes will be implemented by the new government and when these changes will occur; a reduction in fees and waiting times is expected, along with a return to the term “pardon”.
For more information on Criminal Inadmissibility, please click here.
Should a critical employee be deemed inadmissible and denied entry/removed from Canada, our team at Bellissimo Immigration Law Group can help you. We have extensive experience with criminal cases. We are familiar with the legal processes that would allow your employee to overcome this inadmissibility.
A foreign national or permanent resident is deemed criminally inadmissible after being convicted under any Act of Parliament, with the most prevalent being the Criminal Code of Canada (CCC) andthe Controlled Drugs and Substances Act.
For more information on how Bellissimo Immigration Law Group PC can assistwith your criminal inadmissibility, please select one of the following:
Mario D. Bellissimo is the Co-Author of a publication which provides a comprehensive analysis of the legislative framework and the jurisprudence in the areas of immigration and criminal law, and their intersection.
I have been told by a lawyer that I could get a work permit for my type of job. It is in high demand. I do not have any papers and cannot afford the process right now more in terms of time and also cost. I am working and doing okay so how long can I wait? If you publish this question please do not list my name or my job. Thank you.
Your question reminds me of people in the United States who for reasons of accessibility – cost, time – do not get the medical attention they need and conditions that are minor become very serious, if not fatal. The same holds true in your case. You are here without status but it appears you would qualify for a work permit and make a welcome addition to Canada. If you wait though, your chances of becoming inadmissible to Canada and subject to enforcement (removal) by the Canada Border Services Agency becomes very high. If being in Canada is important to you make the time to do things right. Most reputable lawyers have payment plans and will work with you to ensure your case receives the immediate attention it deserves. Do not become one of those bad immigration stories where people wonder how someone who can make an important contribution is being deported. I cannot tell you how many times in my career I have been saddened by good people in major trouble who I wished came in to see me a few months before. I would imagine that is also how doctors feel from time to time. Good luck!
Although a Canadian citizen I am very interested in immigration law and the flow of people to our country. I read your column with much interest. What do you make of these 41,000 missing illegal immigrants listed in the Auditor General’s Report? How many of these people have criminal backgrounds?
Illegal documented immigrants include rejected refugee claimants or Humanitarian and Compassionate (H&C) applicants or those who hold an expired work, study or visitor permit but have remained in Canada and gone “underground”. Undocumented persons are those who do not hold any identity documents, including people who were trafficked illegally into Canada for various purposes. Estimates on the number of undocumented persons range from 10,000 to 200,000 and as high as one million. Recent testimony from the Canada Border Services Agency (CBSA) before the Standing Committee on Immigration indicated that about 8% of those in the working inventory who are ready for removal have criminal backgrounds. So a percentage, but I would suspect a low percentage of these 41,000.00 have criminal backgrounds. The last fiscal year the CBSA spent about $23,433,000 on the removals program. For more info visit my website, under my blog Ask A Specialist. Thank you for your question.
I applied for permanent residency from within Canada, and my teenager son was part of my application. We were found to be inadmissible, because my son had a conviction for “theft under $5000”. We were devastated, as we made Canada our home, all our relatives are here, we bought assets here, etc. We applied for and were granted leave at the Federal Court of Canada. At the judicial review in Court, our case was sent back to the visa office for re-determination. Meanwhile, our son was sent back home, to our country of origin, because of his conviction. At the re-determination, our case was refused again. I applied again for leave and I was told that my file will be sent back for re-determination, on a priority basis. How long does it take for re-determination and how can my son return to Canada?
There is no set time period for a re-determination as it depends on the number of applications, staff at the respective visa office, priority of the case, etc. But, I would assume it will take a couple of months to have your case re-assessed, analyzed and re-determined. I assume that your son is still dependent on you (financially – in school), and therefore, you most likely will have to request a TRP (temporary resident permit), including your son in the application as well. After a certain period of time after his sentence is completed, he may apply for a pardon of his conviction in Canada. It is not an easy or fast procedure. Once the pardon is granted and his record is clean, you then have to apply for permanent residency. Until then, you will all be inadmissible and require TRPs to remain in Canada. As your case is not simple, I would suggest that you seek the advice of a counsel.
Very professional, fast response time.
Excellent service
Mark Rasmussen
1 month ago
I recently needed a consultation only with Bellissimo Immigration Law Group.
They were punctual and quite insightful as to my situation and thorough. I never felt rushed and also had a second colleague of theirs enter the consultation to confirm everything we had discussed. I will iuse them in the future. Spectacular.
Canadian Greeb
4 months ago
Nice law firm
Very nice staff
Slowly but surely
Carol
4 months ago
I had a truly excellent experience with Bellissimo Immigration Law Group. Keely is knowledgeable, warm, and incredibly detail-oriented, and Mario brings a wealth of experience and insight.
I was helping my son’s nanny navigate a very complex immigration situation. She had been living with us in Canada for three years when we began her permanent residency application. During the process, we discovered an issue with her original work permit application. While it was an honest mistake, we knew it could have serious implications and wanted to handle it carefully.
We consulted several immigration lawyers, and most advised that it would be a difficult case. Many suggested submitting an explanation and hoping for the best. The Bellissimo team also acknowledged the challenges but recommended a different approach — applying on Humanitarian and Compassionate (H&C) grounds. Mario had experience with this path and believed it would give us a stronger chance of success.
The application process was thorough and required a significant amount of work. Keely guided us every step of the way. In total, we submitted over 80 supporting documents, many beyond the basic requirements, to fully demonstrate our nanny’s life in Canada and her contributions to our family and community. Keely and Mario also prepared a comprehensive submission that tied everything together clearly and persuasively.
Due to COVID backlogs and changes in immigration policies, the process took several years. Throughout that time, the Bellissimo team continued to check in and monitor our file — they truly don’t just submit and walk away, which we really appreciated.
We are so happy to share that our nanny has now received her permanent residency. Looking back, I am convinced that their strategy, attention to detail, and dedication made all the difference.
I would highly recommend Bellissimo Immigration Law Group, especially for anyone dealing with complex or non-straightforward immigration cases.
Amanda Suckra
6 months ago
"When our spousal sponsorship was denied due to a large age gap, we felt judged and defeated. Bellissimo Law Group changed everything. Alexandra Goncharova and her team are absolute experts in these sensitive cases; they didn't just provide legal advice—they gave us our future back.
Alexandra was meticulous, fearless, and prepared us so thoroughly that our refusal was successfully overturned. If you are facing a complex appeal where the odds seem stacked against you, Bellissimo is the firm you need, Highest recommendation!"
Kenneth Perry
8 months ago
Bellissimo Immigration Law Group made a complex process feel clear and manageable. Their team was professional, attentive, and genuinely committed to helping me succeed. I always felt informed, supported, and in excellent hands. I’m truly grateful for their work and highly recommend them.
Nasir Khan (Nasikan)
9 months ago
I had an excellent experience working with Alexander on my IAD appeal. She guided us through every step with patience, clarity, and professionalism. The way she prepared us for the interview and handled the hearing was truly impressive. Our appeal was approved, and we’re extremely grateful for her hard work and dedication. Highly recommended!
James Christie
9 months ago
Lisa Fletcher
9 months ago
I am thankful that I was able to use the services of Bellissimo Law Group. Hannah, my immigration attorney, walked me through every step and answered every question I had. The process was made so much easier with her help and we achieved success! I am now a Canadian citizen! Thank you, Hannah and the team at Bellissimo.
Abeer Malik
9 months ago
My mother’s super visa was initially rejected when I applied on my own. However, with the help of lawyer Lijing Cao and immigration consultant Shuai Dong, her visa was successfully approved. They did an amazing job the entire process was seamless, and their communication was always prompt and professional. I highly recommend them 100%!
ARAFAT MUNSHI
10 months ago
Really helped me clarify a lot of things.
Nickeisha Delisser
11 months ago
I am deeply grateful to Bellissimo Immigration Law Group PC for assisting me during one of the most challenging periods in my life. When all seemed lost and there was a very high possibility that I might have to leave Canada, they took on my case with such care, professionalism and expertise. They guided me through the federal appeal process with confidence and compassion and secured approval for my permanent status in Canada.
As I have utilised other legal services before Bellissimo, I can assure you, where others fall short, they deliver.
AK
11 months ago
Very helpful and knowledgeable people. You do have to stay on top of things but overall I found them very supportive and involved in my case.
kala Mulqueeny
11 months ago
Mario Bellissimo and Keely Anderson are outstanding professionals. I couldn’t recommend them more and would give 6 stars if I could. My experience with them demonstrated to me why they are so consistently and highly ranked by their peers. I am a New York Attorney and Australian lawyer myself so can be harder to please with legal related services than perhaps others, but this firm was exceptional.
I was assisting a close friend with a Canadian visa application . From our first call with each of them they drilled down into the details of her case and gave more than the allocated time to truly understand the situation prior to providing advice. It was a complicated case and not unreasonably, they indicated the odds of success / failure of a successful visa application were even. But they assured us they would try their darndest to help ! Their experience was obvious and they imbued confidence in their knowledge of Visa law and procedures as well as how it practically operated within the IRCC.
We had previously contacted three other immigration agents all of whom indicated that without misrepresentating the situation, the odds of my friend getting a visa were very low. A fourth lawyer we had spoken to had recommended an honest pathway to applying, but was very hazy on strategy. We did not feel comfortable with any of them.
Bellísimo recommended we provide the IRCC with full disclosure and an explanation - which is how we proceeded. We then proceeded to comprehensively document the situation and received an extensive supporting legal advice to the IRCC from Bellísimo, which distilled the extensive evidence we were able to gather.
Although we understood there were no guarantees as to success, with Bellísimo lawyers’ guidance we felt rest assured that we ultimately submitted the best possible application and were honest in doing so.
Whilst initially I noted a discrepancy between the fees that the immigration agents charged and those that Bellísimo charged, there is no question that as lawyers, their fees were reasonable and the quality of the work they did was infinitely superior to those of the immigration agents. I definitively believe we got value for money and their fees were reasonable for the work and effort provided.
Ultimately the application was successful. We were thrilled.
We feel indebted to Keely and Mario for their assistance and unreservedly recommend them individually and their firm for outstanding immigration law advice.
Oleksii Yermolenko
11 months ago
Thank you for professional advice, which helped me to resolve my problem in short term and save thousands of dollars on medical expenses
Harold Bubu
12 months ago
I was referred to Bellissimo Law Group by my brother-in-law after my application was denied.
The team carefully reviewed my GCMS notes, identified the issues, and recommended pursuing a judicial review.
Thanks to their expertise and guidance, the outcome was positive. They later assisted me with the application, and I am now in Canada pursuing my studies.
I am deeply grateful for their professionalism and support throughout this process, they respond immediately and give you the answers to your worries, this is the part that every applicant wants during the process of their application and Bellissimo law group have it.
I will always recommend Bellissimo law group to anyone who has such problems.
HAROLD
Nicolas Nkomeje
12 months ago
I had the pleasure of working with Bellissimo on my application, and their professionalism and expertise made the entire process smooth and stress-free.
They provided clear guidance, were always responsive to my questions, and ensured all documents were accurate and submitted on time. Thanks to their support, my application was successful. I would highly recommend Bellissimo to anyone seeking reliable immigration legal services.
Milena Stoj
1 year ago
I'm so happy that I found Bellissimo Law Group. They did amazing job for me, I got my Super visa in such a short time, I couldn't believe. Thanks to their professionalism and experience they deserve highest marks for the job they do.
Hugo Sousa
1 year ago
The Best Immigration Law Firm in Canada!
We are forever grateful to Bellissimo Law Group for helping us achieve Permanent Residence in Canada. Our case was complex (so much so that other immigration professionals referred us directly to Mr. Mario Bellissimo, recognizing him as the top expert in the field).
From our very first consultation with Mr. Mario Bellissimo, we felt supported and confident. He provided a clear, honest strategy, and we retained their services immediately. By the end of the process, everything played out exactly as he had initially outlined.
We want to especially thank Lijing, Shuai, and all the other incredible team members who worked on our case and helped in any way (including David, Michelle, Michael, Justina and other support). Each one brought professionalism, compassion, and an unwavering commitment to our success. The legal team was always responsive, detail-oriented, and they genuinely cared about our situation.
Bellissimo Law Group is more than a law firm: they are your strongest ally in ensuring a successful immigration application. If they take your case, your chances of success are high. Whether your case is complex or straightforward, do not see hiring their services as an expense. Instead, see it as one of the best investments you can make in your future and peace of mind. They truly are the best of the best, and we wholeheartedly recommend them to anyone navigating any immigration process in Canada.
We are endlessly grateful to the entire team at Bellissimo Law Group!
Daryna Tymchenko
1 year ago
We are beyond grateful to Bellissimo Law Group for their exceptional service and professionalism throughout our permanent residency process. From the very beginning, their team demonstrated deep expertise, attention to detail, and a genuine commitment to helping us succeed.
A special thank you to Lijing and Shuai — working with them was an absolute pleasure. They were always responsive, knowledgeable, and guided us with patience and clarity at every step. It’s rare to find such a dedicated and experienced legal team, and we truly felt supported and confident throughout the entire journey.
Thank you again to everyone at Bellissimo Law Group. We wholeheartedly recommend them to anyone looking for trustworthy and results-driven immigration lawyers!!
Hatem Khalil
1 year ago
Isa
1 year ago
I called to get some information about booking a consultation in the near future and the receptionist was friendly and helpful. She answered all the questions that she was able to and send me information on the process. I have read all the great reviews and am confident that your law firm is what I need to make my sponsoring journey less of a nightmare for me lol.
Carol Connelly
1 year ago
We had a great experience with Bellissimo Immigration Law Group. We had a number of questions about medical admissibility for a study permit application, and Bellissimo seemed to have a lot of experience with medical issues. We scheduled a consultation, which was easy to set up. We got excellent and specific advice during our consultation with Keely Anderson, and at the end she encouraged us to apply on our own, as our case actually wasn't as complicated as I had feared. (I appreciated the honesty!) With the advice we received, we felt confident in our ability to complete the application on our own, and the study permit was approved.
Jo M
1 year ago
If I could write poetry, I would have written a poem for Mr. Bellissimo.
I want to thank you from the bottom of my heart.
Like others said, when you go into a consultation with Mr.Bellissimo and his team, you get real answers. Not guarded words. Not someone holding back until you hire them. Just sincere advice, shaped around what’s truly best for you.
In our first meeting, he brought up that I might be eligible for Legal Aid — something no other lawyer had even mentioned. And in the second, he paused and really looked at the full picture of my life — my teenagers, our challenges, our future. He gave me advice that actually went against his own benefit. He thought like a parent. He thought like someone who genuinely cares. That kind of integrity is rare.
I was so touched. Because in a world where most people lead with their own gain, he led with empathy and honesty. He truly put himself in my place — and guided me with heart.
I am so touched and I am forever grateful for you Mr.Bellissimo. 💛
Ellaine Camacho
1 year ago
I am incredibly thankful and grateful for the outstanding support I received from Bellissimo Immigration Law Group PC. My journey with them includes two major Immigration challenges and their expertise helped me overcome both successfully.
First case: Loss of Status in Canada. I lost my legal status in Canada 2019 and thanks to their guidance and dedication I was granted Permanent Residency under Humanitarian and Compassionate Grounds, March 2023. Their team handled my case with professionalism, compassion and deep legal knowledge.
Second Case: Refused Family Sponsorship (Dependent Child). My family sponsorship was refused November 2024 due to not meeting the Minimum Income Cut-Off. With their help I filed an appeal and it was successful, July 16, 2025! Now, I will soon be reunited with my child and I couldn't be more grateful.
The entire team is highly skilled, approachable and truly committed to their clients. I salute their outstanding service and unwavering support. Based on my personal experience, I highly recommend Bellissimo Immigration Law Group PC to anyone facing immigration challenges especially those involving Humanitarian and Compassionate Grounds.
Special mention and heartfelt thanks to Ana Martinez, Alexandra Goncharova, Keely Anderson, Simran Sra and Mario Bellissimo.
I am truly very satisfied with their service. Thank you, Bellissimo Immigration Law Group PC for helping me rebuild my life and reunite with my family. May God Bless You All!🙏