What Is Criminal Rehabilitation in Canada?
Criminal rehabilitation is an IRCC approval that removes the grounds of criminal inadmissibility for convictions and acts outside Canada. You can apply once 5 years have passed since your whole sentence ended, fines and probation included. The fee is $246.25 for criminality or $1,231 for serious criminality. IRCC says processing can take over a year, and the local office manager or, for more serious offences, the Minister decides.
Criminal Rehabilitation is the application for foreign nationals who are inadmissible to Canada due to a past criminal conviction or act outside Canada. Under section 36(3)(c) of the Immigration and Refugee Protection Act (IRPA), a person may apply for Criminal Rehabilitation once at least 5 years have passed since the completion of their sentence, including all fines, probation, and driving prohibitions. In IRCC's words, rehabilitation "removes the grounds of criminal inadmissibility"; you still have to meet the requirements for a temporary or permanent resident. Criminal Rehabilitation is available for both non-serious criminality (offences with a Canadian maximum under 10 years) and serious criminality (offences with a Canadian maximum of 10+ years), though the fee and the deciding authority differ.
Eligibility Requirements
The 5-year clock starts from the latest completion date across all sentences. If you had two convictions, one fully completed in 2017 and one in 2020, the 5-year wait runs from 2020, making you eligible in 2025.
- At least 5 years must have passed since completion of ALL sentences for ALL convictions (including fines, probation, licence suspension)
- You must not have been convicted of any additional offence since the original conviction
- You must demonstrate that you are unlikely to commit further offences
- The offence must have a Canadian Criminal Code or federal Act equivalent
- Rehabilitation covers convictions and acts outside Canada; a conviction in Canada needs a record suspension instead (guide 5312)
5
Deemed Rehabilitation (IRPA s.36(3)(c), IRPR s.18)
Deemed rehabilitation needs no application, but it is not automatic: an officer checks the conditions. Under IRPA s.36(3)(c) and the criteria set out in IRPR s.18, a person is generally deemed rehabilitated for a single non-serious offence if all of the following apply (a separate class applies where there are two or more summary-conviction-equivalent offences). An officer always decides:
- At least 10 years have elapsed since completion of the full sentence
- Only ONE offence was committed (two or more convictions fall outside this class; the separate summary-offence class may still apply)
- The offence, if committed in Canada, would be punishable by a maximum of LESS than 10 years imprisonment (non-serious criminality only)
- No other offences have been committed since the original conviction
Important: DUI post-2018: Since December 18, 2018, impaired driving under Criminal Code s.320.14 carries a maximum of 10 years imprisonment, making it serious criminality under IRPA s.36(1). This means a DUI committed on or after this date no longer qualifies for deemed rehabilitation. IRCC judges an offence committed before that date on the penalties in force at the time.
Deemed rehabilitation needs no application. You should still carry court documents and sentence completion evidence when crossing into Canada, as CBSA officers may need to verify the elapsed time.
Non-Serious vs. Serious Criminality: Application Differences
| Factor | Non-Serious Criminality (IRPA s.36(2)) | Serious Criminality (IRPA s.36(1)) |
|---|---|---|
| Definition | Canadian equivalent max <10 years | Canadian equivalent max 10+ years (e.g., post-2018 DUI) |
| Government fee (confirm on canada.ca) | $246.25 CAD | $1,231 CAD |
| Processing time | IRCC: over a year, one estimate for all files | IRCC: over a year, one estimate for all files |
| Who decides | Usually the manager of the local office | For more serious offences, the Minister |
| Deemed rehabilitation available? | Yes, after 10 years for one offence, or 5 years for two or more summary-equivalent offences | No, must apply for Criminal Rehabilitation |
| Common examples | Pre-2018 DUI, minor theft, mischief | Post-2018 DUI, aggravated assault, drug trafficking |
Application Documents
A separate Criminal Rehabilitation application goes to the Canadian visa office responsible for your region by mail or courier only. With a visitor visa, study permit or work permit application, IRCC says you can submit everything together at the nearest Visa Application Centre. Required documents typically include:
The quality of your rehabilitation evidence matters significantly. A strong application includes a personal letter that explains the offence context, accepts responsibility without excuses, and demonstrates concrete positive changes in your life since the conviction.
- Completed IMM 1444 application form
- Police certificates from every country where you have lived for 6+ months since age 18
- Complete court documents: charges, convictions, pleas, sentences, and proof of completion of all conditions
- Personal statement explaining the circumstances of the offence and your rehabilitation
- Evidence of rehabilitation: employment history, community involvement, treatment or counselling completion, character reference letters
- Processing fee: generally $246.25 CAD (non-serious) or $1,231 CAD (serious criminality); confirm the current fee on canada.ca
Processing Times and What Happens After Approval
IRCC says these applications can take over a year, and it gives one estimate for all files. For less serious offences the decision is usually made by the manager of the local office, and for more serious offences by the Minister. Processing times change, so check the current estimate for criminal rehabilitation on canada.ca rather than relying on a fixed figure.
Once approved, Criminal Rehabilitation removes the grounds of criminal inadmissibility for the offences assessed. IRCC advises you of the decision in writing. Keep this letter, you may need to present it at future border crossings if a CBSA officer queries your criminal record. You still have to meet the requirements for a temporary or permanent resident each time you seek entry.
While your application is pending, you can ask for a Temporary Resident Permit, which an officer issues only for compelling reasons: TRP Guide.
How Do TRP, Criminal Rehabilitation, and Deemed Rehabilitation Compare?
| Feature | TRP | Criminal Rehabilitation | Deemed Rehabilitation |
|---|---|---|---|
| Wait time | No waiting period | 5+ years after sentence | 10+ years after sentence (5 for two or more summary-equivalent offences) |
| Duration or effect | Up to 3 years | Removes the grounds of inadmissibility | No application; an officer checks the conditions |
| Cost (confirm on canada.ca) | $246.25 | $246.25 to $1,231 | No fee, unless you ask a visa office to assess it |
| Eligible offences | Any | Convictions and acts outside Canada | Non-serious only |
| IRPA reference | s.24(1) | s.36(3)(c) | s.36(3)(c) |
Every guide on criminal rehabilitation
Part of: Criminal record
Frequently Asked Questions
How long does criminal rehabilitation take in Canada?
IRCC's own estimate is over a year, and it publishes no fixed service standard. For more serious offences, the Minister makes the decision (guide 5312). The wait before you can apply is separate: 5 years after your whole sentence ends. If you need to travel sooner, a temporary resident permit can cover a specific trip if an officer finds a compelling reason. Check the current estimate before you plan around it.
Go deeper: Current IRCC processing times
How much does criminal rehabilitation cost in Canada?
The IRCC fee is $246.25 for criminality and $1,231 for serious criminality. The tier depends on the Canadian maximum for the matching offence, whatever sentence you actually received. Deemed rehabilitation needs no application; if you ask a visa office to assess it, IRCC charges the rehabilitation fee. Police certificates and court records carry their own costs, set by the agencies that issue them. Confirm the current fee on IRCC before you pay.
Go deeper: IRCC fee calculator
What is deemed rehabilitation?
Deemed rehabilitation means the law treats you as rehabilitated with no application. It generally applies 10 years after the sentence ends for one offence with a Canadian maximum under 10 years. A separate class under IRPR s.18 can apply after 5 years for two or more offences that would be summary offences in Canada. Serious criminality never qualifies. Carry proof of your dates when you travel.
Go deeper: Deemed rehabilitation explained
Can I get criminal rehabilitation for a DUI?
Yes. For an offence committed on or after December 18, 2018, impaired driving under Criminal Code s.320.14 carries a 10-year maximum (s.320.19), so most DUIs now count as serious criminality. That rules out deemed rehabilitation and brings the higher $1,231 fee. You can apply 5 years after the whole sentence ends, driving prohibition included.
Go deeper: Can you enter Canada with a DUI?
Can I apply for criminal rehabilitation if I have multiple convictions?
Yes. Criminal rehabilitation can cover several convictions in one application. The 5-year wait runs from the date your most recent sentence was completed. Deemed rehabilitation is narrower. The 10-year class covers one offence only, and the 5-year class under IRPR s.18 covers two or more offences that would be summary offences in Canada. Anyone outside those classes applies for criminal rehabilitation.
Go deeper: Multiple convictions and Canada entry
How do I apply for criminal rehabilitation in Canada?
You apply on form IMM 1444 to the visa office responsible for your region. Include police certificates from every country where you lived 6 months or more since age 18, full court records, and proof that each part of the sentence is complete. That proof means fine receipts, probation completion letters and a driving abstract. Add a personal statement and reference letters.
Go deeper: How to apply for criminal rehabilitation
What if my criminal rehabilitation application is refused?
You can apply again, and IRCC says a new processing fee is then required. Fees already paid are not refunded, whatever the decision. You can still ask for a temporary resident permit to cover a specific trip while you build a stronger file, and an officer decides whether there is a compelling reason. Keep the refusal letter, because a new application should answer the concerns it raises.
Go deeper: Temporary resident permits
📚 Want the full picture?
The "Entering Canada" volume of our deep-dive library explains six IRPA inadmissibility grounds (s.36 and s.38 to s.42), the equivalency framework, and every rehabilitation pathway, fully cited from the public law. Education, not advice.
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