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What makes someone inadmissible to Canada?

The Immigration and Refugee Protection Act (IRPA) lists the grounds in sections 34 to 42: security, human or international rights violations, sanctions, serious criminality and criminality, organized criminality, health, financial reasons, misrepresentation, non-compliance with the Act, and an inadmissible family member. An officer decides whether a ground applies, at the border or on an application.

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What country issued your passport?

Canada sets the entry document by passport: a visitor visa, an eTA, or neither.

What does this mean?

An eTA (electronic travel authorization) is an online approval linked to your passport. Visa-exempt travellers need one to fly to Canada.

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What makes someone inadmissible to Canada?

Inadmissibility is the legal reason a person can be refused a visa, refused entry, or removed from Canada. The rules are set out in sections 34 to 42 of the Immigration and Refugee Protection Act (IRPA). A Canada Border Services Agency (CBSA) officer at a port of entry, or an Immigration, Refugees and Citizenship Canada (IRCC) officer reviewing an application, decides admissibility on a case by case basis. The most common grounds are criminality, health, financial reasons, and misrepresentation.

The grounds of inadmissibility under IRPA

There are eleven grounds of inadmissibility in Canadian immigration law. Each links to the full legal text.

IRPA s.34

Security

Espionage, subversion of a government by force, terrorism, being a danger to the security of Canada, or membership in an organization engaged in these acts.

IRPA s.35

Human or international rights violations

War crimes, crimes against humanity, or being a senior official in a government designated as engaging in terrorism, gross human rights violations, genocide, war crimes, or crimes against humanity.

IRPA s.35.1

Sanctions

A foreign national who is the subject of sanctions: an entry or stay restricted by a decision of an international organization or association of states that Canada is a member of, or an order or regulation under the Special Economic Measures Act or the Sergei Magnitsky Law.

IRPA s.36

Criminality and serious criminality

A conviction in or outside Canada, or an act committed abroad, is judged by the equivalent Canadian offence. Serious criminality (a 10-year maximum or more) applies to everyone; criminality applies to foreign nationals.

IRPA s.37

Organized criminality

Membership in an organization involved in a pattern of criminal activity, or engaging in transnational crimes such as people smuggling, trafficking in persons, or money laundering.

IRPA s.38

Health grounds

A condition that may endanger public health or public safety, or that might reasonably be expected to cause excessive demand on health or social services. Some sponsored family, refugees, and protected persons are exempt from the excessive demand ground.

IRPA s.39

Financial reasons

Being unable or unwilling to support yourself or your dependants, without adequate arrangements for care and support other than social assistance.

IRPA s.40

Misrepresentation

Directly or indirectly providing false information or withholding material facts that could induce an error in administering the Act. Generally carries a five year inadmissibility.

IRPA s.40.1

Cessation of refugee protection

A final decision that a personโ€™s refugee protection has ceased. For a permanent resident, it applies only when protection ceased for one of the reasons in paragraphs 108(1)(a) to (d).

IRPA s.41

Non-compliance with the Act

An act or omission that contravenes IRPA, such as overstaying, working or studying without authorization, or a permanent resident failing the residency obligation.

IRPA s.42

Inadmissible family member

A foreign national can be inadmissible because an accompanying, or in some cases non-accompanying, family member is inadmissible.

Serious criminality vs criminality

IRPA section 36 separates two levels of criminal inadmissibility. Serious criminality under subsection 36(1) covers an offence whose Canadian maximum is at least 10 years. For a conviction in Canada, a prison term of more than six months also counts. It applies to both permanent residents and foreign nationals. Criminality under subsection 36(2) covers an indictable offence, or two offences that did not arise from a single event, and applies only to foreign nationals. Both subsections also cover committing an act outside Canada, with no conviction needed (paragraphs 36(1)(c) and 36(2)(c)). For immigration purposes, a hybrid offence (one that can be tried either way) is always treated as indictable. Admissibility is based on the equivalent Canadian offence, not the name of the offence in the country where it happened.

How to overcome inadmissibility

If a past issue makes you inadmissible, three main options may apply, depending on your situation and timing.

Temporary Resident Permit (TRP)

A discretionary permit under IRPA section 24 that can allow entry for a specific purpose and period, even while you remain technically inadmissible. It can be requested at any time.

Criminal Rehabilitation

A permanent solution under IRPA paragraph 36(3)(c). You can apply once at least five years have passed since you completed your full sentence, including probation (IRPR section 17). Once granted, the criminality no longer makes you inadmissible.

Deemed Rehabilitation

For offences with a Canadian maximum under 10 years, the law may treat you as rehabilitated with no application: 10 years after the sentence for one indictable-equivalent offence, or 5 years for two or more summary-only offences (IRPR section 18). The conditions are narrow.

Under IRPA paragraph 36(3)(b), a Canadian record suspension, or a final acquittal, means the conviction cannot be the basis of inadmissibility. Canada does not automatically recognise a foreign pardon or expungement.

Frequently asked questions

Can I enter Canada with a criminal record?

A criminal record does not automatically bar entry. The rules turn on the Canadian equivalent of the offence, how long ago the sentence ended, and whether a Temporary Resident Permit or rehabilitation under IRPA section 36 is in place. One offence with a Canadian maximum under 10 years can be covered by deemed rehabilitation 10 years after the sentence ended (IRPR paragraph 18(2)(a)).

What makes you inadmissible to Canada?

IRPA sections 34 to 42 list the eleven grounds: security, human or international rights violations, sanctions, criminality and serious criminality, organized criminality, health grounds, financial reasons, misrepresentation, cessation of refugee protection, non-compliance with the Act, and having an inadmissible family member.

How long does a misrepresentation ban last?

Under IRPA subsection 40(2), a person found inadmissible for misrepresentation is generally inadmissible to Canada for five years. Misrepresentation includes directly or indirectly providing false information or withholding material facts on an application.

Does a DUI make you inadmissible to Canada?

The date decides the rule. From December 18, 2018, impaired driving carries a maximum of 10 years in Canada, which is serious criminality under IRPA subsection 36(1). For an offence before that date, IRCC applies the penalty of the time, a 5-year maximum, which is criminality under subsection 36(2). A Temporary Resident Permit and Criminal Rehabilitation are the routes the law provides; deemed rehabilitation covers only the pre-2018 case.

Who decides if I am admissible to Canada?

Only a CBSA officer at a port of entry, or an IRCC officer assessing an application, can make a binding admissibility decision. Online tools, including this one, provide general information and cannot determine your admissibility.

Can a medical condition make me inadmissible?

Under IRPA section 38, a foreign national can be inadmissible on health grounds if their condition may endanger public health or public safety, or might reasonably be expected to cause excessive demand on health or social services. Subsection 38(2) exempts certain sponsored family members, refugees, and protected persons from the excessive demand ground.

Learn more

This is general information based on publicly available Canadian law (IRPA), not legal advice. Only an officer can determine admissibility: a CBSA officer at a port of entry, or an IRCC officer reviewing an application. For complex situations, consult a licensed Canadian immigration lawyer or a regulated immigration consultant.

The law behind the explorer

The grounds, side by side.

The explorer draws on these sections of IRPA. Pick a ground to read the official text beside what it means.

Pick a ground
IRPA s.36(2)

Criminality

The law says

A foreign national is inadmissible on grounds of criminality for โ€ฆ (b) having been convicted outside Canada of an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament โ€ฆ

What that means

Criminality applies to foreign nationals. One conviction counts if the offence would be indictable in Canada, and most Criminal Code offences can be. Two convictions count if they come from separate events, even minor ones. An offence that can be tried either way counts as indictable (s.36(3)(a)).

IRPA s.36(1)

Serious criminality

The law says

A permanent resident or a foreign national is inadmissible on grounds of serious criminality for โ€ฆ (b) 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;

What that means

Serious criminality turns on the Canadian maximum sentence. A conviction abroad counts if the same offence in Canada carries a maximum of 10 years or more. An act abroad can count the same way, even with no conviction. In Canada, a prison term over six months also counts. This ground reaches permanent residents too.

IRPA s.38(1)

Health grounds

The law says

A foreign national is inadmissible on health grounds if their health condition (a) is likely to be a danger to public health; (b) is likely to be a danger to public safety; or (c) might reasonably be expected to cause excessive demand on health or social services.

What that means

A medical condition can bar someone in three situations. The condition is likely to be a danger to public health. It is likely to be a danger to public safety. Or it could reasonably be expected to put excessive demand on health or social services. That last branch does not apply to sponsored spouses, partners and children. It also does not apply to refugees, protected persons and their family members.

IRPA s.39

Financial reasons

The law says

A foreign national is inadmissible for financial reasons if they are or will be unable or unwilling to support themself or any other person who is dependent on them, and have not satisfied an officer that adequate arrangements for care and support, other than those that involve social assistance, have been made.

What that means

You can be refused if you cannot or will not support yourself and the people who depend on you. This applies when you have not shown an officer real plans for care and support. Plans that rely on social assistance do not count.

IRPA s.40(1)

Misrepresentation

The law says

A permanent resident or a foreign national is inadmissible for misrepresentation โ€ฆ (a) for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act;

What that means

This ground covers lying, or leaving out something important, on anything that matters to your file. It also reaches people sponsored by someone found to have misrepresented. People whose refugee protection or citizenship was taken away for fraud are caught too. The finding lasts five years. The count starts from the decision if you are outside Canada, or from the day you are removed if you are here. You cannot apply for permanent residence during that time.

The official text, and what it says. An officer decides every case.

Worked examples

How the rules read on three common records

Made-up cases, not advice. Each step names the rule it uses, so you can follow the same steps with your own records.

Impaired driving in the United States, 2016

One conviction. The sentence was a fine and one year of probation, which ended in 2017.

  1. former CC s.255(1)

    The offence came before December 18, 2018, so the penalty of the day applies: a maximum of 5 years on indictment.

  2. IRPA s.36(3)(a)

    It could be tried either way, so it counts as indictable.

  3. IRPA s.36(2)(b)

    An indictable equivalent under 10 years is criminality, not serious criminality.

  4. IRPR s.17(a)

    A rehabilitation application can be made from 2022, 5 years after the sentence ended.

  5. IRPR s.18(2)(a)

    Deemed rehabilitation arrives in 2027, 10 years after the sentence ended, if the other conditions are met.

What changes the answer

The same offence on or after December 18, 2018 carries 10 years (CC s.320.19(1)). That is serious criminality, and deemed rehabilitation does not cover it.

Two convictions for causing a disturbance, sentences ended 2019

Two separate nights, two convictions abroad. Both sentences ended in 2019.

  1. CC s.175

    The Canadian equivalent, causing a disturbance, is a summary conviction offence only.

  2. IRPA s.36(2)(b)

    Two offences from separate events are criminality, even when each is summary only.

  3. IRPR s.18(2)(b)

    Two or more summary-only equivalents: deemed rehabilitation 5 years after the sentences ended, so from 2024, if the other conditions are met.

What changes the answer

Two shoplifting convictions under $5,000 read differently. Theft of $5,000 or less can be tried either way (CC s.334(b)), so it counts as indictable (IRPA s.36(3)(a)) and s.18(2)(b) does not cover it. The route is an application after 5 years (IRPR s.17(a)).

An assault charge that did not end in a conviction

Charged abroad with simple assault. The charge was dropped.

  1. IRPA s.36(3)(b)

    A final acquittal cannot be the basis of inadmissibility. A dropped charge is not an acquittal.

  2. IRPA s.36(2)(c)

    Committing an act outside Canada that would be indictable here is a ground, with no conviction needed.

  3. CC s.266

    Simple assault carries up to 5 years on indictment, so the act ground would be criminality, not serious criminality.

  4. IRPR s.18(2)(c)

    For one act like this, deemed rehabilitation comes 10 years after the act, if the other conditions are met.

What changes the answer

The court record showing how the charge ended is the document officers read. An officer weighs the facts; a dropped charge is not treated as a conviction.

Frequently Asked Questions

What does inadmissible to Canada mean?

It means a person may not enter or stay in Canada because one of the grounds in IRPA sections 34 to 42 applies to them. The grounds cover security, rights violations, criminality, health, finances, misrepresentation and more. A visa or eTA does not settle it: a border services officer or an IRCC officer decides, at the border or on an application. Denied entry to Canada

What makes you inadmissible to Canada?

One of the grounds IRPA lists: security (s.34), human or international rights violations (s.35), sanctions (s.35.1), serious criminality and criminality (s.36), organized criminality (s.37), health (s.38), financial reasons (s.39), misrepresentation (s.40), non-compliance with the Act (s.41), or an inadmissible family member (s.42). Criminality turns on the Canadian equivalent of each offence and its maximum sentence. Criminal inadmissibility under IRPA s.36

How do I know if I am inadmissible?

No website or tool can say; an officer decides, when a person applies to IRCC or arrives at the border. What a person can do beforehand is read each ground against their own records. For a criminal record, that means the Canadian equivalent of each offence, its maximum, and the date the sentence ended. This explorer shows which sections a set of answers touches. Look up the Canadian equivalent of an offence

How do you overcome inadmissibility?

For criminality, the law has three routes. Deemed rehabilitation applies by law after enough time for some offences, never for serious criminality (IRPR r.18). Criminal rehabilitation is an application, possible five years after the sentence ends (IRPR r.17). A Temporary Resident Permit can allow a specific trip while a person is inadmissible (IRPA s.24). Misrepresentation is different: it lasts five years (IRPA s.40(2)(a)). Temporary Resident Permit or criminal rehabilitation

Can I go to Canada with a DUI?

It depends on the offence date and the time since the sentence ended. A DUI committed on or after December 18, 2018 carries a 10-year maximum, which is serious criminality under IRPA s.36(1). An earlier one is judged on the 5-year maximum then in force, so one conviction can reach deemed rehabilitation 10 years after the sentence ended. Rehabilitation and a Temporary Resident Permit are the published routes. An officer decides. Impaired driving and entry to Canada

Can I enter Canada with a green card?

A US green card removes the need for a visa or an eTA: since April 26, 2022, lawful permanent residents of the United States need neither. When flying, they bring a valid passport from their country of nationality and the green card; by land or water from the US, the green card alone is enough. It does not settle admissibility: a criminal record still counts under IRPA s.36. US green card holders and Canada

Can you enter Canada with a criminal record?

Sometimes, depending on the record. A foreign conviction is read by its Canadian equivalent: a maximum of 10 years or more is serious criminality (IRPA s.36(1)), a lower maximum is criminality (s.36(2)). One conviction whose equivalent is summary only is not on the s.36(2)(b) list. Deemed rehabilitation, criminal rehabilitation and a Temporary Resident Permit cover the cases the law sets out. An officer decides. Criminal record and Canada, section by section

Is my information stored anywhere?

No. The answers stay in this browser tab. The page sends none of them to a server and puts none of them in a link. Nothing is saved unless you turn on โ€œKeep my progress in this tabโ€, which holds the answers in the tab so a reload does not lose them and erases them on finishing or starting over. There is no account, and the copied summary lists the sections and rules only, never the answers. Privacy policy

Last verified: September 26, 2026

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