If you’re found inadmissible for committing a crime, including driving while under the influence of drugs or
alcohol, you’ll be denied a visa or an Electronic Travel Authorization (eTA), refused entry to, or removed from
Canada.
When is a Non-Citizen Inadmissible?
The Immigration and Refugee Protection Act (IRPA) sets out at section 36 when a “non-citizen” (a permanent
resident or foreign national) is inadmissible to Canada.
Under subsection 36(1), both permanent residents and foreign nationals are inadmissible on grounds of
serious
criminality for
Having been convicted in Canada of an offence under an Act of Parliament punishable by a maximum term of
imprisonment of at least 10 years, or of an offence under an Act of Parliament for which a term of
imprisonment of more than six months has been imposed;
Having been convicted of an offence outside Canada that, if committed in Canada, would constitute an offence
under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years; or
Committing an act outside Canada that is an offence in the place where it was committed and that, if
committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of
imprisonment of at least 10 years.
In addition, under subsection 36(2), foreign nationals are inadmissible on grounds of criminality
for
Having been convicted in Canada of an offence under an Act of Parliament punishable by way of indictment, or
of two offences under any Act of Parliament not arising out of a single occurrence;
Having been convicted outside Canada of an offence that, if committed in Canada, would constitute an
indictable offence under an Act of Parliament, or of two offences not arising out of a single occurrence
that, if committed in Canada, would constitute offences under an Act of Parliament;
Committing an act outside Canada that is an offence in the place where it was committed and that, if
committed in Canada, would constitute an indictable offence under an Act of Parliament; or
Committing, on entering Canada, an offence under an Act of Parliament prescribed by regulations.
Subsection 36(3) lays out some important provisions which govern the application of subsections 36(1) and 36(2):
Hybrid offences (those that may be prosecuted either summarily or by way of indictment) are deemed
indictable offences for the purposes of determining inadmissibility;
Inadmissibility may not be based on a conviction for which a record suspension has been ordered. This record
suspension cannot have been revoked or ceased;
Inadmissibility may not be based on a conviction for which a certificate of rehabilitation has been issued
by the Minister of Immigration, Refugees and Citizenship Canada; and
Inadmissibility may not be based on a contravention of the Contraventions Act, or for a finding of guilt
under the Young Offenders Act or the current Youth Criminal Justice Act.
How can I Overcome Criminal Inadmissibility and Enter or Remain in Canada?
There are different ways, depending on your individual circumstances, to overcome criminal inadmissibility and
enter or remain in Canada including:
You could seek Individual Rehabilitation
You could be Deemed Rehabilitated
You could seek Record Suspension
You could request for a Temporary Resident Permit
You could appeal to the Immigration Appeal Division of the Immigration and Refugee Board
Individual Rehabilitation
You may apply for individual rehabilitation if 5 years have passed since either the completion of your imposed
sentence or since the commission (if you were not convicted) of the offence. The inadmissible person cannot have
been convicted of more than one offence that if committed in Canada would be an indictable offence under an Act
of Parliament. There can also be no subsequent convictions during the prescribed 5-year period.
Deemed Rehabilitation
You may be deemed rehabilitated if at least 5 years have passed since the day after the completion of your
imposed sentences and if you were convicted of two or more offences outside Canada that, if committed in Canada,
would constitute summary conviction under an Act of Parliament. Other conditioned required to be met are:
You have not been convicted in Canada of an indictable offence under an Act of Parliament,
You have not been convicted in Canada of an offence under an Act of Parliament within the last 5 years ,
other than an offence designated as a contravention under the Contraventions Act or an offence under the
Youth Criminal Justice Act,
You have not been convicted outside Canada of an offence within the last 5 years that, if committed in
Canada, would constitute an offence under an Act of Parliament, other than an offence designated as a
contravention under the Contraventions Act or an offence under the Youth Criminal Justice Act,
You have not, before the last 5 years, been convicted in Canada of more than one summary conviction offence
under an Act of Parliament, other than an offence designated as a contravention under the Contraventions Act
or an offence under the Youth Criminal Justice Act,
You have not been convicted outside Canada of an offence that, if committed in Canada, would constitute an
indictable offence under an Act of Parliament,
You have not committed an act outside Canada that is an offence in the place where it was committed and
that, if committed in Canada, would constitute an indictable offence under an Act of Parliament.
You may also be deemed rehabilitated if at least 10 years have passed since the day
after the completion of your imposed sentence and if you were convicted outside Canada of no more than one
offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament
punishable by a maximum term of imprisonment of less than 10 years.
after commission of the offense and if you committed outside Canada no more than one offence that, if
committed in Canada, would constitute an indictable offence under an Act of Parliament punishable by a
maximum term of imprisonment of less than 10 years.
Other conditioned required to be met are:
You have not been convicted in Canada of an indictable offence under an Act of Parliament,
You have not been convicted in Canada of any summary conviction offence within the last 10 years under an
Act of Parliament or of more than one summary conviction offence before the last 10 years, other than an
offence designated as a contravention under the Contraventions Act or an offence under the Youth Criminal
Justice Act,
You have not been convicted outside Canada within the last 10 years of an offence that, if committed in
Canada, would constitute an offence under an Act of Parliament, other than an offence designated as a
contravention under the Contraventions Act or an offence under the Youth Criminal Justice Act,
You have not, before the last 10 years, been convicted outside Canada of more than one offence that, if
committed in Canada, would constitute a summary conviction offence under an Act of Parliament, and
In case of (a) above, you have not committed an act outside Canada, other than the one for which you have
been convicted, that is an offence in the place where it was committed and that, if committed in Canada,
would constitute an indictable offence under an Act of Parliament. In case of (b) above, you have not been
convicted outside of Canada of an offence that, if committed in Canada, would constitute an indictable
offence under an Act of Parliament.
Record Suspension
You can apply for a Record Suspension to Parole Board of Canada (PCB) if you
Were convicted of an offence in Canada under a federal act or regulation of Canada as an adult
Were convicted of a crime in another country and were transferred to Canada while serving that sentence
under the Transfer of Offenders Act or International Transfer of Offenders Act
To apply for a record suspension, you must have completed all of your sentences, which includes
All fines, surcharges, costs, restitution and compensation orders. Victim surcharges imposed under section
737 of the Criminal Code on or after October 24, 2013 and on or before December 13, 2018 will not be
considered in determining eligibility for a record suspension.
All sentences of imprisonment, conditional sentences, including parole and statutory release
Any probation order(s). If you have a prohibition order, it does not need to be expired before the waiting
period begins.
Important: If you were ordered to pay any fines, costs, surcharges, compensation orders or restitution as part
of your sentence, you should pay it in full as soon as possible. The waiting period only starts once full
payment has been made.
After completing all of your sentences, you are required to wait a set number of years based on the date when
you committed your most recent offence before applying for a record suspension.
If you committed your most recent offence (excluding any simple possession of cannabis convictions)
Before June 29, 2010: The waiting period is
5 years for an offence prosecuted by indictment
3 years for an offence punishable on summary conviction
Between June 29, 2010 and March 12, 2012: The waiting period is
10 years for serious personal injury offence (within the meaning of 752 of the Criminal Code);
including manslaughter; an offence for which the applicant was sentenced to a prison term of 2 years
or more, and an offence referred to in Schedule 1 that was prosecuted by indictment
5 years for any other offence prosecuted by indictment and an offence referred to in Schedule 1 that
is punishable on summary conviction
3 years for an offence other than the ones mentioned above, that is punishable on summary
conviction
On or after March 13, 2012: The waiting period is
10 years for an offence prosecuted by indictment
5 years for an offence that is punishable on summary conviction
You may be ineligible for a record suspension if you committed either of the following offences on or after
March 13, 2012 and of which you were later convicted:
A Schedule 1 Offence (offence involving a child) under the Criminal Records Act
More than three (3) offences prosecuted by indictment, each with a prison sentence of two (2) years or
more.
Temporary Resident Permit
If you’re otherwise inadmissible but have a reason to enter or stay in Canada that is justified in the
circumstances, you may be issued a temporary resident permit.
To be eligible for a temporary resident permit, your need to enter or stay in Canada must outweigh the health or
safety risks to Canadian society, as determined by an immigration officer or a border services officer. Even if
the reason you’re inadmissible seems minor, you must demonstrate that your visit is justified. There is no
guarantee that you’ll be issued a temporary resident permit.
Get in Touch for more information or for overcoming your inadmissibility and applying for a TRP, Individual Rehabilitation or
confirming Deemed Rehabilitation.
If you’re found inadmissible for committing a crime, including driving while under the influence of drugs or alcohol, you’ll be denied a visa or an Electronic Travel Authorization (eTA), refused entry to, or removed from Canada.
When is a Non-Citizen Inadmissible?
The Immigration and Refugee Protection Act (IRPA) sets out at section 36 when a “non-citizen” (a permanent resident or foreign national) is inadmissible to Canada.
Under subsection 36(1), both permanent residents and foreign nationals are inadmissible on grounds of serious criminality for
In addition, under subsection 36(2), foreign nationals are inadmissible on grounds of criminality for
Subsection 36(3) lays out some important provisions which govern the application of subsections 36(1) and 36(2):
How can I Overcome Criminal Inadmissibility and Enter or Remain in Canada?
There are different ways, depending on your individual circumstances, to overcome criminal inadmissibility and enter or remain in Canada including:
Individual Rehabilitation
You may apply for individual rehabilitation if 5 years have passed since either the completion of your imposed sentence or since the commission (if you were not convicted) of the offence. The inadmissible person cannot have been convicted of more than one offence that if committed in Canada would be an indictable offence under an Act of Parliament. There can also be no subsequent convictions during the prescribed 5-year period.
Deemed Rehabilitation
You may be deemed rehabilitated if at least 5 years have passed since the day after the completion of your imposed sentences and if you were convicted of two or more offences outside Canada that, if committed in Canada, would constitute summary conviction under an Act of Parliament. Other conditioned required to be met are:
You may also be deemed rehabilitated if at least 10 years have passed since the day
Other conditioned required to be met are:
Record Suspension
You can apply for a Record Suspension to Parole Board of Canada (PCB) if you
To apply for a record suspension, you must have completed all of your sentences, which includes
Important: If you were ordered to pay any fines, costs, surcharges, compensation orders or restitution as part of your sentence, you should pay it in full as soon as possible. The waiting period only starts once full payment has been made.
After completing all of your sentences, you are required to wait a set number of years based on the date when you committed your most recent offence before applying for a record suspension.
If you committed your most recent offence (excluding any simple possession of cannabis convictions)
You may be ineligible for a record suspension if you committed either of the following offences on or after March 13, 2012 and of which you were later convicted:
Temporary Resident Permit
If you’re otherwise inadmissible but have a reason to enter or stay in Canada that is justified in the circumstances, you may be issued a temporary resident permit.
To be eligible for a temporary resident permit, your need to enter or stay in Canada must outweigh the health or safety risks to Canadian society, as determined by an immigration officer or a border services officer. Even if the reason you’re inadmissible seems minor, you must demonstrate that your visit is justified. There is no guarantee that you’ll be issued a temporary resident permit.
Appeal to the Immigration Appeal Division
See under Appeals
NEED HELP?
Get in Touch for more information or for overcoming your inadmissibility and applying for a TRP, Individual Rehabilitation or confirming Deemed Rehabilitation.