Criminal Inadmissibility in Canada

In Canada, you’re criminally inadmissible if your past conduct fits IRPA s.36 (for example, a conviction, inside or outside Canada, that matches a Canadian federal offence). Meanehile if you want to immigrate to Canada, There are 3 main ways forward:

• Temporary Resident Permit (TRP) for urgent, short-term entry
• Criminal Rehabilitation for a long-term fix
• Record suspension (pardon) if the conviction was in Canada

What this means for you: Officers don’t look at the foreign label (“misdemeanor,” “felony”), they compare what you actually did to the closest Canadian offense. In September 2025, the IRCC Help Centre confirmed that Criminal Rehabilitation applications can take over a year. The CBSA’s latest public data shows 731 removals on “criminality” grounds in 2024 and 503 by July 28, 2025, indicating that this topic remains very much active. (Sources at the end.)

What “criminal inadmissibility” means?

Under IRPA s.36, you can be refused a visa/eTA, denied entry, or face enforcement if your offence abroad (or in Canada) matches a Canadian offence. Officers compare the elements of your offence to the closest Canadian equivalent, not the label used overseas.

“Serious criminality” vs “criminality” (and why hybrids matter)

• Serious criminality: Usually an offence punishable in Canada by 10+ years, or a sentence >6 months in Canada.
• Criminality: One indictable offence, or two summary convictions from separate events, or commission of an equivalent act abroad.
• Hybrid offences (can be prosecuted summarily or by indictment) are treated as indictable for immigration purposes, which trips up many cases.

Amir had a 2019 DUI abroad. Today, the Canadian equivalent is a hybrid offense punishable by up to 10 years. Because hybrids are treated as indictable, that can trigger serious criminality. If travel is urgent, a TRP may be the bridge; for a durable fix, Criminal Rehabilitation is the usual path.

✅ Tip:
If your impaired-driving offense was before Dec 18, 2018, officers assess it using the penalties that existed then. In some case,s that may be “criminality,” not “serious criminality.”

Routes to enter or fix the issue

1) Temporary Resident Permit (TRP), short-term, discretionary

Use a TRP when your need to travel outweighs the risk (e.g., a funeral, urgent business). TRPs can be issued for months up to 3 years, single or multiple entry. With a TRP valid ≥6 months, you can apply inside Canada for a work or study permit if you meet the rules.

• Fee: $239.75 (non-refundable).
• Reality check: Decisions are case-by-case and discretionary.

Good fit when:

• It’s urgent, and you can’t wait a year+ for Rehabilitation.
• You’re working toward a long-term remedy, but must travel now.

2) Criminal Rehabilitation, long-term certainty

A one-time application that, if approved, removes the inadmissibility for the listed offenses, so long as you stay crime-free. You can usually apply 5 years after completing all sentence terms (fines, probation, driving prohibitions, etc.).

• Fees: $239.75 (criminality) or $1,199.00 (serious criminality).
• Timing: IRCC says applications can take over a year. Plan early.

Deemed rehabilitation may apply automatically in limited scenarios, often 10 years after a single offense punishable by <10 years in Canada, with other conditions met. If you think you qualify and intend to seek assessment at the border, bring recent police checks and court papers.

3) Record Suspension (pardon), Canadian convictions

If the conviction happened in Canada, a Parole Board of Canada record suspension can resolve immigration consequences for that offense.

• Application fee: $50 (plus third-party costs like fingerprints/police checks).

Who’s affected and what happens?

• Visitors, students, workers: You can be refused a visa/eTA or denied entry unless you hold a valid TRP or are rehabilitated.
• Permanent residents: Certain serious criminality findings restrict appeal rights; get qualified counsel quickly.

Context: According to CBSA’s public dashboard, Canada recorded 731 removals on “criminality” grounds in 2024, and 503 such removals from Jan 1 to July 28, 2025.

How “equivalency” works (foreign offence → Canadian law)

Officers map your foreign offense to the Canadian Criminal Code (or another federal statute) by comparing the elements and penalties at the time of the conduct. Be ready to provide:

• The foreign statute text (with certified translation if needed)
• Court dispositions and full sentencing documents
• Clarifying policy notes if relevant (e.g., exact BAC thresholds in a DUI)

What to gather (Documents checklist)

TRP (urgent travel)

• Passport + travel history
• Purpose letter (why you must enter now; dates; itinerary)
• Court dispositions & proof of sentence completion (receipts, probation completion, license reinstatement)
• Police certificates as requested; biometrics/medical if required
• Fee receipt: $239.75

Criminal Rehabilitation

• Required IMM forms (per IRCC guide)
• Court documents + proof all terms were completed (fines paid, prohibitions ended)
• Police certificates: every country you lived 6+ months since age 18 (for U.S. residence: each state 6+ months and an FBI certificate)
• Rehabilitation evidence: steady work, community letters, education, and counseling completion
• Fee receipt: $239.75 or $1,199.00 + biometrics if required

Deemed rehabilitation at a port of entry (if you believe you qualify)

• Recent criminal record check + police certificates for anywhere lived 6+ months in the last 10 years
• Court documents showing the single, old offense, and that all terms were completed

Fees & timelines (what to expect)

• TRP: $239.75; timing varies by visa office vs. port of entry and the strength of your need/risk case
• Criminal Rehabilitation: $239.75 / $1,199.00; often >1 year to decide
• Biometrics: $85 per person (family max $170 when applying together)
• Record suspension (PBC): $50 (+ third-party costs)

Always confirm current fees on IRCC/PBC pages before paying.

Practical tips to avoid common refusals

• Match the law, not the labels. A “misdemeanor” abroad can map to an indictable offense in Canada. Hybrids count as indictable for immigration.
• Prove completion. Include receipts for fines, probation letters, and license reinstatement.
• Be specific. For impaired driving: offense date, BAC, sentence terms, pre- vs post-Dec 18, 2018 matters.
• Plan the bridge. If you need to travel within 12 months, consider a TRP while your Rehabilitation is in process.
• Stay consistent. Dates, addresses, and offense details must match across forms, police checks, and court records.

Final Thoughts

Criminal inadmissibility is often manageable with the right plan. If travel can’t wait, a TRP may bridge you. For long-term certainty, Criminal Rehabilitation (or a record suspension for Canadian convictions) is the durable fix. Prefer a simple, step-by-step path? Book a quick consult, we’ll map whether TRP, Rehab, or both make the most sense for your timing.

FAQs

Remember: This isn’t legal advice; policies change. Always verify information with official sources or consult a licensed professional.