An assault or domestic violence conviction from the United States or another country can make you inadmissible to Canada under the Immigration and Refugee Protection Act (IRPA). However, the level of inadmissibility — and the pathways available to overcome it — depend entirely on how the foreign offence maps to the Canadian Criminal Code. Simple assault is treated very differently from aggravated assault. This guide explains how CBSA officers assess these offences and what options are available for each scenario.
How Canada Classifies Assault Offences
Canada's Criminal Code contains three levels of assault, each with different maximum penalties. The maximum penalty determines whether a foreign conviction triggers serious criminality(IRPA s.36(1)) or non-serious criminality (IRPA s.36(2)) — and this distinction controls which rehabilitation pathways are available to you.
Simple Assault (no bodily harm, no weapon)
Maps to a Canadian Criminal Code offence with a lower maximum penalty. Generally non-serious criminality (s.36(2)) — deemed rehabilitation available after 10 years for single convictions.
Assault Causing Bodily Harm
Maps to a Canadian Criminal Code offence with a 10-year maximum. Serious criminality (s.36(1)) — no deemed rehabilitation. Criminal Rehabilitation or TRP required.
Aggravated Assault
Maps to a Canadian Criminal Code offence with a high maximum penalty. Serious criminality (s.36(1)) — no deemed rehabilitation. Criminal Rehabilitation or TRP 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 Screener for an initial check, or get your Admissibility Report ($49.99) for the complete equivalency analysis.
Assault is a hybrid offence in Canada, meaning the Crown can elect to proceed by summary conviction or by indictment. For immigration purposes, CBSA always considers the maximum penalty available on indictment — not the actual sentence imposed.
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 (simple to aggravated)
- ✓ Threats → may map to uttering threats equivalent
- ✓ Harassment/stalking → may map to criminal harassment equivalent (with higher maximum)
- ✓ Property destruction → may map to mischief offences
The inadmissibility classification depends entirely on which Canadian equivalent applies. Simple assault mappings generally result in non-serious criminality. Harassment, threats, or physical harm causing injury may result in serious criminality. The specific determination requires an equivalency analysis of your actual charge.
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 10+ years have passed since completion of your entire sentence (including probation and fines), and you have no other convictions, you may qualify for deemed rehabilitation automatically under IRPA
- ✓ Criminal Rehabilitation: Available after 5 years from sentence completion — lower fee tier for non-serious criminality
- ✓ Temporary Resident Permit (TRP): Available at any time for urgent or compelling travel needs
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 10-year automatic pathway does not apply to serious criminality
- ✓ Criminal Rehabilitation: Available 5 years after sentence completion — higher fee tier for serious criminality
- ✓ Temporary Resident Permit (TRP): Available at any time
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.
Get Your Assault Charge Assessed
Our reports map your specific conviction to Canadian law, determine your exact inadmissibility tier, and identify every pathway available to you — with timelines and costs.
View Reports & 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?+
Criminal Rehabilitation applications typically take 12 to 18 months to process. You must wait 5 years from the completion of your entire sentence (including probation, fines, and any conditions) before you are eligible to apply. Once approved, the inadmissibility is permanently resolved.
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 |
| Cost | $200 | $200\u2013$1,000 | Free |
| Eligible offences | Any | Any | Non-serious only |
| IRPA reference | s.24(1) | s.36(3)(c) | s.36(3)(b) |
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