Short answer: in most cases an assault or domestic violence conviction can make you inadmissible to Canada, but it does not always bar you, and whether it does depends on how the foreign offence maps to the Canadian Criminal Code. An assault or domestic violence conviction from the United States or another country is assessed under the Immigration and Refugee Protection Act (IRPA), specifically the criminal inadmissibility provisions in section 36. The level of inadmissibility, and the pathways available to overcome it, turn on the equivalent Canadian offence and its maximum penalty. Simple assault, which carries a five-year maximum in Canada, is treated very differently from aggravated assault, which carries a fourteen-year maximum. This guide explains how Canadian law classifies these offences, how a Canada Border Services Agency (CBSA) officer or visa officer applies that classification, and what options generally exist for each scenario. A border or visa officer always retains discretion and makes the final decision, so for advice on your specific situation you should consult a licensed Canadian immigration lawyer or a regulated CICC consultant.
How Canada Classifies Assault Offences
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)). That single distinction controls which rehabilitation pathways are generally available to you, so it is worth understanding where your conviction is likely to land. What this means for you: the label used in your home jurisdiction matters far less than the maximum sentence the closest Canadian offence carries.
Simple Assault (no bodily harm, no 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)), and deemed rehabilitation may apply automatically once ten years have passed since you completed the entire sentence.
Assault Causing Bodily Harm / 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)), so deemed rehabilitation does not apply and Criminal Rehabilitation or a TRP is generally needed.
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)), so there is no deemed rehabilitation and Criminal Rehabilitation or a TRP is generally required.
The specific classification of your assault conviction, whether it maps to simple assault, bodily harm, or aggravated assault under Canadian law, depends on the facts of your offence. Use the free Admissibility Explorer for an initial check, or get your Admissibility Breakdown ($49.99) for the complete equivalency analysis.
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. For immigration purposes this matters a great deal: officers generally consider the maximum penalty available on indictment, not the actual sentence you received or whether your home jurisdiction treated it as a minor matter. 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.
Domestic Violence Is Not a Standalone Offence in Canada
Unlike some US states where "domestic violence" or "domestic battery" is a specific criminal charge, Canada does not have a standalone domestic violence offence. When assessing a foreign domestic violence conviction, CBSA officers map it to the closest equivalent Canadian 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
The inadmissibility classification depends entirely on which Canadian equivalent applies and what maximum that offence carries. A mapping to simple assault generally results in non-serious criminality, while criminal harassment, threats accompanied by injury, or physical harm rising to bodily harm or aggravated assault can result in serious criminality. 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. The specific determination requires an equivalency analysis of your actual charge and the conduct behind it, which an officer carries out case by case.
Simple Assault: Non-Serious Criminality
If your foreign conviction maps to a simple assault equivalent in Canada (lower maximum penalty), it falls under non-serious criminality (IRPA s.36(2)). This is the most favourable classification and opens additional pathways:
- ✓ Deemed Rehabilitation: 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 automatically under IRPA s.36(3)(c) and IRPR s.18, without applying or paying a fee. A port-of-entry assessment remains discretionary, so it is wise to carry court and sentence-completion documents
- ✓ Criminal Rehabilitation: You can apply once at least five years have passed since you completed your entire sentence. For non-serious criminality the IRCC processing fee is the lower tier (verified at $246.25 as of December 1, 2025, but always confirm the current fee on IRCC)
- ✓ Temporary Resident Permit (TRP): Available at any time for travel that is justified, with the officer weighing your need to enter against any risk; this is the usual route before the deemed or applied rehabilitation timelines are met
Assault Causing Bodily Harm or Aggravated Assault: Serious Criminality
If your conviction maps to an assault causing bodily harm or aggravated assault equivalent in Canada, it triggers serious criminality under IRPA s.36(1). This classification is more restrictive:
- !No deemed rehabilitation, the automatic 10-year pathway does not apply to serious criminality no matter how much time has passed
- ✓Criminal Rehabilitation: You can apply once at least five years have passed since you completed your entire sentence. For serious criminality the IRCC processing fee is the higher tier (verified at $1,231 as of December 1, 2025, but always confirm the current fee on IRCC). Once approved, the inadmissibility is permanently resolved
- ✓Temporary Resident Permit (TRP): Available at any time, including before the five-year Criminal Rehabilitation window opens, for travel the officer accepts as justified
Violence-related offences face heightened scrutiny at the border. Officers assessing TRP applications for assault convictions will closely examine the circumstances of the offence, the need for travel, and evidence of rehabilitation or behavioural change.
Heightened Border Scrutiny for Violence
Violence-related convictions receive additional scrutiny that goes beyond the standard inadmissibility assessment. CBSA officers assessing your case may consider:
- ! The nature and circumstances of the violent offence
- ! Whether there is a pattern of violent behaviour
- ! Any protection orders or restraining orders on record
- ! Completion of anger management or counselling programs
- ! Time elapsed since the offence and evidence of lifestyle changes
If you have a violence-related conviction, preparing thorough documentation of rehabilitation efforts, such as completion of counselling, character references, and stable employment, significantly strengthens any TRP or Criminal Rehabilitation application.
See How Your Assault Charge Applies
Our reports map your conviction to Canadian law, determine your exact inadmissibility tier, and identify every pathway available to you, with timelines and costs.
View Deep Dives & PricingFrequently Asked Questions
Will Canada know about my assault conviction?+
Yes. Canada and the US share criminal records through CPIC/NCIC integration. CBSA officers at all ports of entry can query US criminal records in real time, including assault and domestic violence convictions. Even dismissed or reduced charges may appear in the database.
My domestic violence charge was dismissed, am I still inadmissible?+
A dismissed charge generally does not create inadmissibility because there is no conviction. However, CBSA officers may still see the arrest record and could ask questions at the border. If the charge was reduced to a lesser offence rather than fully dismissed, that reduced conviction is still assessed under Canadian law.
I completed a diversion program instead of being convicted, does Canada care?+
If a diversion program resulted in no conviction being entered, you are generally not inadmissible. However, some US diversion programs still involve a guilty plea or admission of facts, which may be treated as a conviction for Canadian immigration purposes. The specific terms of your diversion matter, review them carefully.
Can I enter Canada with a restraining order but no conviction?+
A civil restraining order or protection order alone does not create criminal inadmissibility under IRPA s.36, as it is not a criminal conviction. However, if the restraining order was issued in connection with criminal proceedings, officers may inquire further about the circumstances.
How long does Criminal Rehabilitation take for an assault conviction?+
Processing times vary, and many practitioners report roughly a year or more, so check the current published processing time on IRCC before you plan travel. Eligibility itself has a hard rule: you generally must wait until at least 5 years have passed since you completed your entire sentence (including any prison time, probation, fines, and conditions) before you can apply. Once approved, the inadmissibility is permanently resolved and you do not need to reapply for that conviction. If you need to travel before approval, a Temporary Resident Permit is the usual interim option.
Is simple assault serious criminality in Canada for immigration?+
Generally no. The closest Canadian offence to simple assault is assault under Criminal Code s.266, which carries a maximum of five years on indictment. Because that maximum is under ten years, a single such conviction is usually treated as non-serious criminality under IRPA s.36(2) rather than serious criminality under s.36(1). That classification is what makes deemed rehabilitation possible after ten years and lets you apply for Criminal Rehabilitation at the lower fee tier. An officer still decides how your specific offence maps to Canadian law.
What is the difference between assault, assault causing bodily harm, and aggravated assault for Canadian entry?+
They differ by the maximum penalty of the equivalent Canadian offence, which is what drives the inadmissibility tier. Assault (s.266) carries a five-year maximum and is generally non-serious criminality. Assault causing bodily harm or with a weapon (s.267) carries a ten-year maximum, which is serious criminality. Aggravated assault (s.268) carries a fourteen-year maximum and is also serious criminality. Serious criminality removes the deemed-rehabilitation route, so Criminal Rehabilitation or a TRP is generally required.
Can a single assault conviction ever clear up on its own without paying anything?+
Sometimes. If you have only one conviction, the equivalent Canadian offence has a maximum of less than ten years (for example, simple assault under s.266), and at least ten years have passed since you finished your entire sentence, you may be deemed rehabilitated automatically under IRPA s.36(3)(c) and IRPR s.18 with no application and no fee. This does not apply to serious criminality or to anyone with more than one relevant conviction. The officer at the port of entry still assesses your case, so bringing court records and proof your sentence is complete is sensible.
How Do TRP, Criminal Rehabilitation, and Deemed Rehabilitation Compare?
| Feature | TRP | Criminal Rehabilitation | Deemed Rehabilitation |
|---|---|---|---|
| Wait time | Immediate | 5+ years after sentence | 10+ years after sentence |
| Duration | Up to 3 years | Permanent | Automatic |
| Government fee (confirm current on IRCC) | $239.75 | $246.25 / $1,231 | Free |
| Eligible offences | Any | Any | Non-serious only |
| IRPA reference | s.24(1) | s.36(3)(c) | s.36(3)(c) |
📊 Want a detailed breakdown?
Get a detailed breakdown showing how Canadian immigration law relates to your assault or domestic violence situation, with relevant IRPA sections, complexity overview, and next steps reference.
View Deep Dives → From $49.99Your Next Step
Don't guess at your admissibility. Use our free explorer tool to understand how your assault or domestic violence record maps to Canadian law, anonymously, in minutes.
Explore Your Admissibility: FreeOfficial sources
This page is based on law and policy published by the Government of Canada.