Criminal charges, convictions or acts committed inside or outside Canada can affect admissibility. A foreign offence must be analyzed by comparing its essential elements with Canadian law rather than relying only on the foreign offence name.
Criminality and serious criminality
IRPA section 36 distinguishes serious criminality from criminality. Serious criminality can include a Canadian conviction for an offence punishable by a maximum term of imprisonment of at least 10 years or an offence for which more than six months’ imprisonment was imposed, as well as specified equivalent foreign convictions or acts. The statutory analysis differs for criminality under subsection 36(2).
Ways criminal inadmissibility may be overcome
- Deemed rehabilitation where the statutory criteria are met
- Individual criminal rehabilitation, generally after at least five years from completion of the sentence or qualifying act
- A Canadian record suspension for qualifying Canadian convictions
- A Temporary Resident Permit where the legal and discretionary test is met
Deemed rehabilitation
IRCC states that deemed rehabilitation depends on the offence, number of offences and time since completion of sentence. For a single foreign indictable offence punishable in Canada by a maximum term of less than 10 years, the relevant period is generally at least 10 years after completion of all sentences. Serious criminality is not automatically deemed rehabilitated.
Enforcement and appeal consequences
Criminal inadmissibility can affect entry, permanent residence, status and removal proceedings. Serious criminality can also restrict an IAD appeal right. The criminal record, sentence, equivalency analysis and immigration status should be reviewed together.
Foreign convictions require a Canadian equivalency analysis
A foreign conviction is not assessed only by translating the offence name. The foreign law, the conduct and the essential elements of the closest Canadian offence must be examined. Sentencing information and the maximum punishment available under Canadian law can also affect the immigration analysis.
Charges, withdrawn cases and acts outside Canada
Immigration consequences are not limited to a simple list of convictions. The statutory provisions distinguish between convictions and, in specified circumstances, acts committed outside Canada. The complete court record and disposition should therefore be obtained before concluding whether a person is inadmissible.
When does the rehabilitation period begin?
For individual rehabilitation, timing is generally measured from completion of the relevant sentence, not merely the conviction date. Depending on the case, completion can include imprisonment, probation, payment of fines and other components of sentence. Eligibility should be calculated from the actual court record.
Temporary Resident Permits
A Temporary Resident Permit can sometimes allow a person who is inadmissible or does not meet the requirements of the Act to enter or remain in Canada where the statutory and discretionary requirements are met. A TRP does not erase the underlying criminal history and should not be confused with criminal rehabilitation.
Criminal inadmissibility and removal from Canada
In an enforcement case, CBSA may examine whether the circumstances support a section 44 inadmissibility report and, where required, an admissibility hearing. The allegation and statutory appeal restrictions must be assessed before assuming an IAD appeal is available.
For a person already in Canada, criminal inadmissibility may lead to enforcement proceedings and a removal order. Serious criminality can also affect access to an Immigration Appeal Division appeal. Immigration status, offence equivalency, sentence and the precise inadmissibility provision should be reviewed together.
Documents that can be important
- Certified court dispositions and sentencing records
- Charging documents and the statutory provision for the offence
- Proof that fines, probation or other sentence requirements were completed
- The text of the foreign criminal law where applicable
- Police certificates or record checks where required
- Immigration and CBSA documents showing the allegation or decision
This page provides general information only and is not legal advice. Criminal inadmissibility analysis depends on the exact offence, disposition, sentence, foreign-law equivalency and immigration circumstances.
Rehabilitation, TRP and Enforcement Strategy
The appropriate route depends on the offence, Canadian equivalency, sentence, time elapsed and reason for travel. Where temporary admission may be justified despite inadmissibility, review Temporary Resident Permits. Where inadmissibility has led to enforcement, review Removal Orders & Deportation. Book a consultation for an individualized admissibility assessment.
Immigration criteria, document requirements and public policies can change. Advice should be based on the rules and facts applicable when you apply.