Criminal record
A criminal record does not always bar entry to Canada. A conviction abroad can make a person inadmissible under section 36 of the Immigration and Refugee Protection Act when it matches a Canadian offence of a set class. The law gives three routes past that: deemed rehabilitation, criminal rehabilitation and a temporary resident permit. An officer decides each case.
Checked against official sources:
5 years
after the sentence ends, before applying for criminal rehabilitation (IRPR s.17)
10 years
after the sentence ends, for deemed rehabilitation on one conviction (IRPR s.18)
$246.25
IRCC’s fee for criminal rehabilitation, criminality
$1,231
IRCC’s fee for criminal rehabilitation, serious criminality
The periods come from the Regulations. The fees were checked against IRCC’s list on November 11, 2026. See every fee or work out the dates.
Each card states one rule and opens the page that explains it.
Deemed rehabilitation covers one conviction outside Canada with a Canadian maximum under 10 years, 10 years after the sentence ended, when the other listed conditions are met. It needs no application, and an officer checks the conditions.
IRPR s.18(2)(a)
A person can apply to IRCC for criminal rehabilitation 5 years after the sentence ended, or 5 years after an act with no conviction. The application covers serious criminality too, and the Minister or a delegate decides.
IRPA s.36(3)(c), IRPR s.17
An officer may issue a temporary resident permit to an inadmissible person when the officer finds it justified in the circumstances. The permit covers a set stay, can be cancelled at any time and leaves the inadmissibility in place.
IRPA s.24(1)
Since December 18, 2018, the Criminal Code maximum for impaired driving is 10 years, so the offence is serious criminality and falls outside deemed rehabilitation. IRCC judges an offence committed before that date on the penalties then in force.
IRPA s.36(1)(b), Criminal Code s.320.19
Section 36 covers convictions and also acts committed outside Canada that are offences in both places. IRCC says a person whose foreign charge was withdrawn or dismissed, or who got a discharge or a pardon abroad, may still be inadmissible.
IRPA s.36(1)(c), s.36(2)(c)
Rehabilitation applies only to convictions and acts outside Canada. For a conviction in Canada, a record suspension ordered by the Parole Board of Canada means the conviction can no longer be a ground of inadmissibility.
IRPA s.36(3)(b)
These steps follow one conviction outside Canada.
The Act asks what the offence would be under an Act of Parliament, such as the Criminal Code, if it had been committed in Canada.
A Canadian maximum of 10 years or more is serious criminality. An indictable offence with a lower maximum is criminality, and so are two offences from separate events.
The periods run from the day the whole sentence ended. IRCC counts probation, parole, fines and driving bans as part of it.
5 years, IRPR s.17
Work out the datesDeemed rehabilitation involves no application. Criminal rehabilitation is an application on form IMM 1444, and IRCC says it can take over a year to process.
Fee $246.25 or $1,231
Criminal rehabilitationAn inadmissible person can ask for a temporary resident permit before travel, within a visa or permit application or through IRCC's web form, or at a port of entry. The officer weighs the need to enter against the risks to Canadian society.
Fee $246.25
Temporary resident permitEvery person seeking to enter Canada must appear for an examination. A border services officer decides whether the person may enter.
| Route | Deemed rehabilitation | Criminal rehabilitation | Temporary resident permit |
|---|---|---|---|
| Who it is for | One conviction outside Canada, Canadian maximum under 10 years | Convictions and acts outside Canada, serious criminality included | Any inadmissible foreign national |
| When | 10 years after the sentence ended. 5 years for two or more summary offences. | 5 years after the sentence ended | At any time |
| Application and fee | Nothing to file or pay | Form IMM 1444. $246.25, or $1,231 for serious criminality. | $246.25 per person |
| How long it lasts | As long as the conditions are met | It removes the ground of inadmissibility | Until the date on the permit, three years at most (IRPR s.63) |
| Who decides | An officer checks the conditions | The Minister or a delegate | An officer |
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The matching Canadian offence decides, and an officer applies the test.
A conviction outside Canada counts when it matches an offence under a Canadian federal Act. A Canadian maximum of 10 years or more is serious criminality (IRPA s.36(1)(b)). An indictable offence with a lower maximum is criminality (s.36(2)(b)), and so are two offences from separate events. One summary-only offence is not on that list.
An officer can ask about it, and the law requires a true answer (IRPA s.16(1)). Leaving a conviction out can be misrepresentation under s.40, which carries its own five-year period of inadmissibility.
The same test applies to a UK record as to any other: the matching Canadian offence sets the class under IRPA s.36. IRCC says a pardon or discharge from another country may leave a person inadmissible, and the visa office confirms whether it is valid in Canada.
Section 36 covers convictions, and it also covers acts committed outside Canada that are offences in both places (IRPA s.36(1)(c), s.36(2)(c)). An arrest with no conviction can therefore still be assessed. A final acquittal cannot be the basis of inadmissibility (s.36(3)(b)).
It can, and an officer decides how. IRCC says a person pardoned for an offence outside Canada may still be inadmissible, and the visa office confirms whether the foreign pardon is valid in Canada.
Section 36 applies to permanent residence, work permits and study permits as it does to visits. An officer may issue a visa only when satisfied that the applicant is not inadmissible (IRPA s.11(1)). Deemed rehabilitation or approved criminal rehabilitation removes the ground itself.
Yes, wherever the form asks. IRPA s.16(1) requires a truthful answer to every question on an application. IRCC says a person who needs an eTA applies for criminal rehabilitation first, as a separate application.
They are separate applications under separate sections, and neither section excludes the other. A temporary resident permit (IRPA s.24) covers a set stay and costs $246.25 per person. Criminal rehabilitation (s.36(3)(c)) removes the ground and costs $246.25, or $1,231 for serious criminality.
This page is the short version. The textbook explains the subject in full.
The chapters on this subject
The textbook on this subject
Six IRPA inadmissibility grounds (s.36 and s.38 to s.42), explained with the official text cited.
Follow on Facebook to hear when the library opens (opens in a new tab)Immigration and Refugee Protection Act, section 36
Serious criminality, criminality, record suspensions and rehabilitation.
laws-lois.justice.gc.ca (opens in a new tab)Immigration and Refugee Protection Regulations, sections 17 to 18.1
The five-year period and the deemed rehabilitation classes.
laws-lois.justice.gc.ca (opens in a new tab)IRCC: overcome criminal convictions
The four ways IRCC lists, and who decides.
canada.ca (opens in a new tab)IRCC: guide 5312, rehabilitation
How IRCC counts a sentence and treats foreign pardons, discharges and withdrawn charges.
canada.ca (opens in a new tab)IRCC: who can apply for a temporary resident permit
What the officer weighs.
canada.ca (opens in a new tab)