Can You Enter Canada with an Assault or Domestic Violence Charge?
An assault or domestic violence conviction can make you inadmissible to Canada under IRPA s.36. An officer matches the conduct to a Criminal Code offence. Simple assault (s.266) is usually non-serious criminality, where deemed rehabilitation may apply. Assault causing bodily harm or strangling (s.267) and aggravated assault (s.268) are serious criminality. A Temporary Resident Permit and Criminal Rehabilitation are the routes the law provides. An officer decides.
$246.25
IRCC’s Criminal Rehabilitation fee for non-serious criminality
$1,231
IRCC’s Criminal Rehabilitation fee for serious criminality
$246.25
IRCC’s Temporary Resident Permit fee, per person
Over a year
How long IRCC says rehabilitation applications can take
The Fee Calculator estimates government fees.
How does Canada classify an assault offence?
Canada's Criminal Code defines assault in section 265 and then sets out escalating offences with different maximum penalties. The maximum penalty for the equivalent Canadian offence is what determines whether a foreign conviction is treated as serious criminality (IRPA s.36(1)) or ordinary, non-serious criminality (IRPA s.36(2)). The label used in your home jurisdiction matters far less than the maximum sentence the closest Canadian offence carries.
- Simple assault (without bodily harm or a weapon): Criminal Code s.266
- The closest Canadian offence, assault under s.266, is punishable by a maximum of five years on indictment. Because that maximum is under ten years, a single conviction is generally non-serious criminality (s.36(2)).
- Assault causing bodily harm or with a weapon: Criminal Code s.267
- Assault that causes bodily harm or involves a weapon (s.267) carries a ten-year maximum on indictment. A ten-year maximum meets the threshold for serious criminality (s.36(1)).
- Aggravated assault: Criminal Code s.268
- Aggravated assault (s.268), which wounds, maims, disfigures or endangers life, carries a fourteen-year maximum on indictment. This is serious criminality (s.36(1)).
Assault under s.266 and assault causing bodily harm under s.267 are hybrid offences in Canada, meaning the Crown can elect to proceed by summary conviction or by indictment. Officers generally consider the maximum penalty available on indictment, not the actual sentence you received, so a conviction that resulted in only a fine or probation can still be assessed against the higher indictable maximum. Aggravated assault under s.268 is a straight indictable offence.
The equivalency assessment, which compares the essential elements of your foreign offence to the closest Canadian offence, is fact-specific, and only an officer can make the final determination for your case.
The rule
The level of inadmissibility, and the pathways available to overcome it, turn on the equivalent Canadian offence and its maximum penalty.
How is a domestic violence conviction matched to Canadian law?
Some US states charge "domestic violence" or "domestic battery" as a specific criminal offence. Canada does not have a standalone domestic violence offence, so CBSA officers map a foreign domestic violence conviction to the closest equivalent Criminal Code offence based on the underlying conduct:
- Physical harm: maps to an assault offence depending on severity, from assault (s.266, five-year maximum) up to aggravated assault (s.268, fourteen-year maximum)
- Threats to cause death or bodily harm: may map to uttering threats (s.264.1), which carries a five-year maximum on indictment
- Harassment or stalking: may map to criminal harassment (s.264), which carries a ten-year maximum on indictment and therefore generally falls under serious criminality
- Property destruction: may map to mischief offences (s.430), where the maximum depends on the value and nature of the property
Because a domestic incident often involves more than one type of conduct, an officer may identify several equivalent offences, and the most serious one tends to drive the outcome. An officer carries out the equivalency analysis of your actual charge and the conduct behind it case by case.
Which routes open entry for each tier?
If your foreign conviction maps to a simple assault equivalent, it falls under non-serious criminality (IRPA s.36(2)). If you have only one conviction, the equivalent Canadian offence carries a maximum of less than ten years, and at least ten years have passed since you completed your entire sentence (including probation, fines, and any conditions), you may be deemed rehabilitated under IRPA s.36(3)(c) and IRPR s.18(2)(a), without applying or paying a fee, if the other conditions in that rule are met. An officer checks the conditions, and IRCC says to bring court documents and proof that every sentence was completed.
If your conviction maps to an assault causing bodily harm or aggravated assault equivalent, it triggers serious criminality under IRPA s.36(1). The 10-year deemed pathway does not apply to serious criminality no matter how much time has passed.
In either tier, IRPR s.17 allows an application for Criminal Rehabilitation once five years have passed since you completed your entire sentence, and IRCC says rehabilitation removes the grounds of criminal inadmissibility. A Temporary Resident Permit is available at any time, including before the five-year Criminal Rehabilitation window opens, for travel the officer accepts as justified.
| Feature | TRP | Criminal Rehabilitation | Deemed Rehabilitation |
|---|---|---|---|
| Wait time | No set period | 5+ years after sentence | 10+ years after sentence |
| Duration | Up to 3 years | Removes the ground | While the conditions are met |
| Government fee | $246.25 | $246.25 / $1,231 | Free |
| Eligible offences | Any | Convictions and acts outside Canada, serious included | Non-serious only |
| IRPA reference | s.24(1) | s.36(3)(c) | s.36(3)(c) |
Who decides, and what does IRCC say is weighed?
For a TRP, IRCC says the officer decides whether the need to enter or stay in Canada outweighs the health or safety risks to Canadian society.
IRCC lists factors that are considered when a visa office reviews whether a person is rehabilitated. They include:
- How many crimes were committed
- The circumstances and seriousness of each crime
- The person’s behaviour since the crime
- The person’s explanation of the crime and why it is not likely to happen again
- Support from the community and the person’s present situation
Which free tool checks your own case?
- Criminal EquivalencyHow foreign offences line up with Canadian law
- Admissibility ExplorerThe IRPA admissibility grounds, one question at a time
- Rehabilitation CalculatorDeemed rehabilitation and eligibility dates (IRPA s.36)
Free, with no account. What you enter in a tool stays in your browser.
What do people ask?
Can you enter Canada with an assault or domestic violence charge?
Often not without permission, because a conviction for assault or domestic violence can make you inadmissible under IRPA s.36. A charge with no conviction can still be assessed, because s.36 also covers acts committed outside Canada. How serious the matter is depends on the Canadian offence it matches and that offence's maximum sentence. A Temporary Resident Permit and Criminal Rehabilitation are the routes the law provides. Our free Admissibility Explorer walks through the questions an officer asks.
What does assault domestic violence mean for Canadian entry?
Canada has no separate domestic violence offence, so a domestic violence charge from another country is matched to the closest Criminal Code offence for the conduct involved. Physical harm maps to assault (s.266 to s.268), threats to uttering threats (s.264.1), stalking to criminal harassment (s.264) and property damage to mischief (s.430). The most serious match usually drives the outcome. Our Criminal Equivalency tool shows how these matches are made.
Is simple assault serious criminality in Canada for immigration?
No, a single simple assault conviction is usually non-serious criminality. The closest Canadian offence, assault under Criminal Code s.266, carries a five-year maximum on indictment, which is under the ten-year line for serious criminality in IRPA s.36(1). Deemed rehabilitation may then apply after ten years if the other conditions in IRPR s.18 are met, and the lower Criminal Rehabilitation fee applies. An officer still decides how your offence maps. Our Criminal Code s.266 page shows the offence text and penalties.
Is assault by strangulation or suffocation serious criminality in Canada?
Yes, an assault that chokes, suffocates or strangles matches Criminal Code s.267(c), which carries up to 10 years on indictment. A ten-year maximum makes the conviction serious criminality under IRPA s.36(1), so deemed rehabilitation never applies. The same section covers assault with a weapon and assault causing bodily harm. You would need a Temporary Resident Permit or Criminal Rehabilitation. Our Criminal Code s.267 page shows the full offence text.
Does the degree of a US domestic assault charge matter in Canada?
The degree label matters less than the conduct behind it. A 2nd-degree or 4th-degree domestic assault charge has no Canadian equivalent by name, so an officer compares the essential elements of your offence with the closest Criminal Code offence. Conduct causing bodily harm maps to s.267 and serious criminality, while an assault with no injury or weapon usually maps to s.266. Our US misdemeanor entry guide explains how state charges are matched.
My domestic violence charge was dismissed. Am I still inadmissible?
You may be. IRCC's guide 5312 says a person whose charge was withdrawn or dismissed outside Canada may be inadmissible, because IRPA s.36 also covers acts committed outside Canada. A final acquittal cannot be the basis of inadmissibility (s.36(3)(b)). IRCC asks for complete details and court records so an officer can decide. If the charge was reduced to a lesser offence instead of dismissed, that reduced conviction is still assessed under Canadian law. Our pending criminal charges guide covers charges that are still open.
Will Canada know about my assault conviction?
An officer can ask about it, and the law requires a true answer (IRPA s.16(1)). IRCC says admissibility is first assessed on a visa or eTA application, and the eTA form asks about arrests, charges and convictions in any country. Leaving a conviction out can be misrepresentation under IRPA s.40, which carries its own five-year inadmissibility. Our US criminal record guide covers American records.
How long until I can apply for Criminal Rehabilitation for an assault?
IRPR s.17 allows an application once 5 years have passed since you completed your entire sentence, including prison time, probation, fines and conditions. The IRCC fee is $246.25 for non-serious criminality and $1,231 for serious criminality. IRCC says rehabilitation removes the grounds of criminal inadmissibility. Before then, a Temporary Resident Permit is the usual option. Our Criminal Rehabilitation page explains the application and IRCC's current processing time.
Part of:Criminal record
- Reckless Driving Conviction Entry to Canada
- Theft & Shoplifting Conviction Entry to Canada
- Entering Canada While on Probation or Parole
The textbook on this subject
Volume 1: Entering Canada $79
Six IRPA inadmissibility grounds (s.36 and s.38 to s.42), explained with the official text cited.
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This page is based on law and policy published by the Government of Canada.