By Jose Quevedo, Articling Student, Lewis & Associates LLP
Every year, people with an old conviction for impaired driving, theft or drug possession are refused visas or turned away at the Canadian border, often for an offence they thought was long behind them. A criminal record does not have to close the door to immigration to Canada, but it does mean you need to understand how Canadian law treats your offence and which route back is open to you.
This guide explains what criminal inadmissibility means under section 36 of the Immigration and Refugee Protection Act (IRPA), how offences committed abroad are assessed, why impaired driving changed in 2018, and the four main ways to overcome a criminal record: deemed rehabilitation, individual rehabilitation, a temporary resident permit and a record suspension.
IRPA Section 36
Criminal Inadmissibility at a Glance
A past conviction, or even an act that was never prosecuted, can keep you out of Canada.
An offence that would be indictable in Canada, or two offences not arising from a single occurrence. Applies to foreign nationals.
An offence punishable in Canada by a maximum of at least 10 years, or a Canadian sentence of more than six months. Applies to foreign nationals and permanent residents.
Offences that can be prosecuted either way are treated as indictable for immigration purposes, even if prosecuted summarily.
Canadian record suspensions, final acquittals, youth sentences and Contraventions Act tickets do not create inadmissibility.
What Is Criminal Inadmissibility?
Inadmissibility means that you are not allowed to enter or remain in Canada. Section 36 of IRPA sets out two levels of criminal inadmissibility, and the difference between them affects almost every option discussed below.
Criminality
Under section 36(2), a foreign national is inadmissible for criminality if they were convicted of an offence that would be indictable in Canada, were convicted of two offences that did not arise from a single occurrence, or committed an act outside Canada that was an offence there and would be indictable in Canada. Permanent residents are not affected by this lower level.
Serious criminality
Under section 36(1), a foreign national or permanent resident is inadmissible for serious criminality if they were convicted of an offence punishable in Canada by a maximum term of imprisonment of at least 10 years, or were convicted in Canada and sentenced to more than six months. The same applies to equivalent convictions and acts outside Canada.
Offences that do not count
Section 36(3) excludes Canadian convictions for which a record suspension has been ordered, offences that ended in a final acquittal, youth sentences under the Youth Criminal Justice Act, and offences designated as contraventions under the Contraventions Act. It also provides that hybrid offences, which can be prosecuted either by indictment or summarily, are treated as indictable, even if the prosecution proceeded summarily.
How Offences Outside Canada Are Assessed
When an offence was committed abroad, an officer compares the foreign law with the closest Canadian offence, usually in the Criminal Code or the Controlled Drugs and Substances Act. This process is called equivalency. It is the Canadian equivalent, and its maximum penalty, that decides whether you face criminality or serious criminality and which remedies are available.
Equivalency is often where cases are won or lost. The foreign offence may be broader than the Canadian one, the facts may not meet every element of the Canadian offence, or the foreign record may be unclear. Providing the exact wording of the foreign law and complete court records allows the officer to make the right comparison.
Impaired Driving: The 2018 Change
Impaired driving is one of the most common reasons visitors are found inadmissible. On December 18, 2018, Canada raised the maximum penalty for impaired driving to 10 years of imprisonment. As a result, according to IRCC, impaired driving by alcohol, drugs or cannabis can now make a person inadmissible for serious criminality, whether the offence happened in Canada or abroad.
| Offence before Dec 18, 2018 | Offence on or after Dec 18, 2018 | |
|---|---|---|
| How it is assessed | Under the penalties in force at the time | Under the current penalties |
| Usual category | Criminality (unless sentenced in Canada to more than six months) | Serious criminality |
| Deemed rehabilitation | Possible after 10 years if all conditions are met | Not available |
| Main options | Deemed rehabilitation, individual rehabilitation or TRP | Individual rehabilitation (serious criminality fee) or TRP |
| Canadian conviction | Record suspension | Record suspension |
Your Options
Four Ways to Overcome a Criminal Record
The right route depends on where the offence happened, how serious it is and how much time has passed.
- 1Deemed rehabilitation: automatic after 5 or 10 years for certain less serious offences committed outside Canada. No application required.
- 2Individual (criminal) rehabilitation: a permanent solution for offences outside Canada, available 5 years after the sentence is completed.
- 3Temporary resident permit: a temporary, discretionary permit for people with a compelling reason to come to Canada now.
- 4Record suspension: for convictions in Canada, granted by the Parole Board of Canada.
Option 1: Deemed Rehabilitation
Under section 18 of the Immigration and Refugee Protection Regulations, some people are considered rehabilitated simply because enough time has passed. You do not need to apply, but only less serious offences committed outside Canada qualify. The offence must be punishable in Canada by a maximum of less than 10 years, which means deemed rehabilitation is never available for serious criminality.
| Situation | Waiting period | Key conditions |
|---|---|---|
| One conviction for an offence that would be indictable in Canada | 10 years after the sentence was completed | Maximum penalty in Canada under 10 years; no other convictions, subject to limited exceptions |
| Two or more convictions for offences that would be summary in Canada | 5 years after the sentences were completed | No indictable-type convictions and no convictions in the last 5 years |
| One act committed outside Canada without a conviction | 10 years after the act | Maximum penalty in Canada under 10 years; no indictable-type convictions |
Even if you believe you qualify, an officer must agree, and offences involving weapons, violence or significant property damage may not be treated as minor. If there is any doubt, it is safer to have your situation assessed before you travel than to risk being refused at the border.
Option 2: Individual (Criminal) Rehabilitation
Individual rehabilitation, often called criminal rehabilitation, is a permanent solution for offences committed outside Canada. According to IRCC, at least five years must have passed since the end of your sentence, including probation and payment of fines, or since the date of the act if you were not convicted. You must satisfy an officer that you have been rehabilitated and are highly unlikely to reoffend.
If approved, the offence no longer makes you inadmissible, and you do not need to apply again for that offence. IRCC’s fee list currently shows a non-refundable fee of $246.25 for criminality and $1,231.00 for serious criminality. Processing can take more than a year, so applications should be submitted well before any planned travel, and can be submitted together with a visitor visa, study permit or work permit application.
Option 3: Temporary Resident Permit (TRP)
A temporary resident permit lets an inadmissible person enter or stay in Canada for a specific purpose and period. It is often the only option for someone who has not yet reached the five-year mark for rehabilitation, or who needs to travel before a rehabilitation application is decided.
TRPs are discretionary. The officer weighs your reasons for coming to Canada against any risk to Canadian society, and even a minor offence requires a genuine, well-documented reason to travel, such as a family event, business commitment or medical need. The fee is currently $246.25, and IRCC may waive it for one visit in some cases involving less serious criminality and no time in jail. A TRP is temporary, and it does not remove the underlying inadmissibility.
Option 4: Record Suspension for Canadian Convictions
Deemed and individual rehabilitation do not apply to convictions in Canada. For those, the remedy is a record suspension (formerly called a pardon) from the Parole Board of Canada. Once a record suspension is ordered, the conviction can no longer be used as a basis for inadmissibility.
Waiting periods begin only after every part of the sentence is completed, including fines, surcharges and probation, and depend on when the first offence was committed and how it was prosecuted. For offences committed on or after March 13, 2012, the waiting period is generally five years for summary offences and ten years for indictable offences. The Parole Board application fee is currently $50, plus the cost of fingerprints and court documents.
Comparing Your Options
| Option | For | Timing | Fee | Result |
|---|---|---|---|---|
| Deemed rehabilitation | Less serious offences outside Canada | 5 or 10 years after sentence | None (no application) | Permanent |
| Individual rehabilitation | Offences outside Canada, including serious criminality | 5+ years after sentence | $246.25 or $1,231.00 | Permanent |
| Temporary resident permit | Anyone with a compelling reason to travel | Any time | $246.25 (may be waived once) | Temporary |
| Record suspension | Convictions in Canada | Generally 5 or 10 years after sentence | $50 plus costs | Permanent |
Disclosure, Border Crossings and Permanent Residents
Always disclose
Immigration forms and border officers ask about arrests, charges and convictions. Leaving out a conviction, even an old, minor or foreign one, can lead to a finding of misrepresentation and a five-year ban, which is often far more damaging than the criminal record itself. When in doubt, disclose and explain.
Visa-exempt travellers and the border
Travellers who do not need a visa can still be refused an electronic travel authorization (eTA) or be turned away at the border. Those who need a visa face the same assessment when applying for a temporary resident visa. If your application has already been refused, see our guide on what to do after a visa refusal.
Permanent residents
Permanent residents can be found inadmissible for serious criminality and ordered removed from Canada. The right to appeal to the Immigration Appeal Division is lost where the crime was punished in Canada by a term of imprisonment of at least six months. If you are a permanent resident facing criminal charges, get immigration advice before you plead or are sentenced, because the immigration consequences may depend on the outcome.
Preparing a Strong Application
Preparation
What a Strong Application Usually Includes
Officers decide these applications on paper. Complete records and a credible explanation matter.
- Certified court records for every charge and conviction, including the final disposition
- Proof that every part of the sentence was completed: fines paid, probation ended, licence reinstated
- The text of the foreign law under which you were convicted, so the officer can find the Canadian equivalent
- Police certificates from every country where you have lived for six months or more since age 18
- A personal statement explaining the offence, what has changed and why you will not reoffend
- Evidence of rehabilitation: steady employment, family responsibilities, counselling, treatment or community work
- Reference letters from employers or community members who know about the conviction
- For a TRP: a clear explanation of why you need to come to Canada now, with supporting documents
How Lewis & Associates Can Help
Lewis & Associates LLP has helped clients overcome inadmissibility for more than 30 years, from assessing equivalency and deemed rehabilitation to preparing criminal rehabilitation and temporary resident permit applications, and representing permanent residents at admissibility hearings and appeals as part of our immigration litigation practice. Working with an experienced Canada immigration lawyer can help you choose the right route and avoid costly mistakes.
If you have a criminal record and plan to visit, study, work or settle in Canada, contact us before you apply or travel. You can book a consultation, meet our lawyers, or contact our office.
Frequently Asked Questions
Can I enter Canada with a criminal record?
Possibly. A conviction can make you criminally inadmissible, but you may be able to enter if you have been deemed rehabilitated, approved for individual rehabilitation, issued a temporary resident permit or, for Canadian convictions, granted a record suspension. Each route has its own conditions.
Is a DUI a serious crime for Canadian immigration?
For offences committed on or after December 18, 2018, yes. The maximum penalty for impaired driving in Canada was raised to 10 years, so an impaired driving conviction now generally counts as serious criminality. Offences before that date are assessed under the penalties in force at the time.
Can I be deemed rehabilitated for a DUI?
Not for an impaired driving offence committed on or after December 18, 2018, because deemed rehabilitation is limited to offences punishable in Canada by a maximum of less than 10 years. Older impaired driving offences may qualify if the other conditions are met. Otherwise, the options are individual rehabilitation or a temporary resident permit.
How long after my sentence can I apply for individual rehabilitation?
At least five years must have passed since the end of your sentence, including probation and payment of fines, or since the date of the act if you were not convicted. The application is decided by an officer and can take more than a year.
How much does criminal rehabilitation cost?
IRCC’s fee list currently shows $246.25 for rehabilitation on grounds of criminality and $1,231.00 for serious criminality. The fee is not refunded if the application is refused. Check the current fee list before you apply, as fees change.
What is a temporary resident permit?
It is a discretionary permit that lets an inadmissible person enter or stay in Canada for a specific purpose and period. The officer weighs your reasons for coming against any risk to Canadians. The fee is currently $246.25, and in some cases involving less serious criminality it may be waived for one visit.
Does a charge without a conviction make me inadmissible?
A charge alone is not a conviction, and a final acquittal cannot be the basis for inadmissibility. However, pending charges can delay or complicate an application, and an officer can find a person inadmissible for committing an act outside Canada even without a conviction.
Do I have to disclose an old or minor conviction?
Yes. Immigration forms ask about arrests, charges and convictions, and failing to disclose them can lead to a misrepresentation finding and a five-year ban, which is often worse than the criminal record itself.
Can a permanent resident lose status because of a crime?
Yes. Permanent residents can be found inadmissible for serious criminality and ordered removed. The right to appeal to the Immigration Appeal Division is lost if the crime was punished in Canada by a term of imprisonment of at least six months.
Does a pardon from another country count in Canada?
Not automatically. Canada recognizes Canadian record suspensions. For a foreign pardon, discharge or expungement, IRCC will consider whether it is based on rules similar to Canadian law. Confirm with the visa office or get legal advice before you travel.
This article provides general information about Canadian immigration law as of October 2026 and is not legal advice. Fees, processing times and eligibility rules change, and every case depends on its own facts. Speak with a lawyer before applying or travelling.
