Can a US Felon Travel to Canada?
In most cases, only with permission. Many US felonies match a Canadian offence with a maximum of 10 years or more, serious criminality under IRPA s.36(1), where deemed rehabilitation never applies. A US felon can request a Temporary Resident Permit for a compelling reason, or apply for Criminal Rehabilitation 5 years after the full sentence ends. An officer decides.
$1,231
IRCC’s Criminal Rehabilitation fee for serious criminality
$246.25
IRCC’s Criminal Rehabilitation fee for non-serious criminality
$246.25
IRCC’s Temporary Resident Permit fee, per person
Over a year
How long IRCC says rehabilitation applications can take
Confirm the current amounts on IRCC before paying. The Fee Calculator estimates them.
How does Canada classify a US felony?
Canada’s immigration law does not use the terms “felony” or “misdemeanor.” Those are US labels, and a state calling something a felony does not by itself decide your Canadian admissibility. IRPA asks what offence the conduct underlying your US conviction would most closely match under the Canadian Criminal Code or other federal Acts, and what maximum sentence Canada attaches to that offence.
The Canadian maximum penalty sets the tier, not the sentence you actually received. Under IRPA s.36(1)(b), a foreign national is inadmissible for serious criminality if their foreign conviction, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years.
Most Canadian offences that matter here are “hybrid” (the Crown can prosecute them as summary or indictable). For immigration purposes, IRPA s.36(3)(a) deems every hybrid offence to be indictable and assessed at its full indictable maximum. Some lower-level felonies map to Canadian offences below the 10-year line and fall under ordinary criminality (IRPA s.36(2)) instead.
The rule
Serious criminality under IRPA s.36(1) can be triggered by one foreign conviction whose Canadian equivalent carries a maximum of at least 10 years.
Why does time alone not clear a felony?
Deemed rehabilitation under IRPR s.18 can cover non-serious criminality after 10 years (5 years for two or more summary-equivalent convictions), with no application, once an officer is satisfied its conditions are met. It is available only where the Canadian-equivalent offence carries a maximum of less than 10 years.
Because serious criminality under IRPA s.36(1) means a 10-year-or-more maximum, s.18 never applies to it. There is no amount of time, 10 years, 20 years, even 50 years, that will by itself clear a serious criminality finding.
This leaves an inadmissibility that time alone does not end. It can be resolved only by:
- Receiving an approved Criminal Rehabilitation decision from IRCC (removes the ground of inadmissibility, after a 5-year wait)
- Holding a valid Temporary Resident Permit (temporary, up to 3 years, and no longer valid once you leave Canada unless it states it is valid for re-entry)
- Being found not inadmissible upon proper equivalency analysis (uncommon for true felonies)
How do you apply for Criminal Rehabilitation?
Criminal Rehabilitation under IRPA s.36(3)(c) is the route that removes the ground of inadmissibility from a felony conviction outside Canada. IRCC’s guide says “Rehabilitation removes the grounds of criminal inadmissibility”, so a TRP is no longer needed for that conviction. You still need to meet the usual requirements for a temporary or permanent resident.
At least 5 years must have passed since you completed your entire sentence, including any incarceration, parole, probation, fines, and restitution orders. You must not have been convicted of a later offence, other than a contravention or a Young Offenders Act offence (IRPR s.17).
Complete the application form
Complete IMM 1444 (Application for Criminal Rehabilitation).
Obtain police certificates
Obtain the police certificates the document checklist (IMM 5507) asks for. The checklist sets which countries, and for US applicants which state and FBI checks, are needed.
Gather court records
Gather complete court records: charges, conviction, sentencing transcripts.
Pay the processing fee
Pay the government processing fee, which varies by classification: one amount for non-serious criminality and another for serious criminality.
$246.25 / $1,231 CAD
Submit the application
Submit by mail or courier to the visa office responsible for your region, or with a visitor visa, study permit or work permit application at a Visa Application Centre. IRCC says these applications can take over a year to process.
Can a TRP let you travel before rehabilitation?
A Temporary Resident Permit (TRP) under IRPA s.24(1) allows an inadmissible person to enter Canada temporarily when there is a compelling reason that outweighs the risk posed to Canadian society. There is no waiting period, but there is also no guarantee. The decision is fully discretionary.
A TRP and Criminal Rehabilitation are separate applications under separate provisions (IRPA s.24 and s.36(3)(c)), and neither provision excludes the other. IRCC’s rehabilitation application page says that if less than five years has passed, you can fill out the form and check “For Information Only”, and an officer will decide if you can get special permission to come to Canada temporarily.
Biometrics fees may also apply, and IRCC says the TRP fee will not be refunded if the permit is refused. A TRP can be issued for a maximum of 3 years and is no longer valid once you leave Canada, unless it states that it is valid for re-entry.
| Feature | TRP | Criminal Rehabilitation | Deemed Rehabilitation |
|---|---|---|---|
| Wait time | Immediate | 5+ years after sentence | 10+ years after sentence (5 for two or more summary-equivalent convictions) |
| Duration | Up to 3 years | Removes the ground of inadmissibility | No application; an officer checks the conditions |
| Cost | $246.25 CAD | $246.25 / $1,231 CAD | No fee at a port of entry |
| Eligible offences | Any | Convictions and acts outside Canada | Non-serious only |
| IRPA reference | s.24(1) | s.36(3)(c) | s.36(3)(c) |
Will the CBSA see a felony conviction?
It can. The CBSA’s published list of systems for traveller processing names the Canadian Police Information Centre (CPIC) and the US National Crime Information Center (NCIC). A border officer can also ask about your criminal history, and IRPA s.16(1) requires you to answer every question truthfully.
Attempting to enter Canada while inadmissible, without a TRP or approved rehabilitation, can result in being refused entry or, in some cases, a removal order.
Which free tool checks your own case?
- Admissibility ExplorerThe IRPA admissibility grounds, one question at a time
- Rehabilitation CalculatorDeemed rehabilitation and eligibility dates (IRPA s.36)
- Fee CalculatorCurrent government fees, itemized
Free, with no account. What you enter in a tool stays in your browser.
What do people ask?
Is there a Canada felony entry waiver?
Canada has two routes that work like a waiver. A Temporary Resident Permit (IRPA s.24(1)) allows a specific stay despite the inadmissibility, has no waiting period and costs $246.25 CAD. Criminal Rehabilitation (IRPA s.36(3)(c)) removes the ground of inadmissibility, and can be applied for once 5 years have passed since the full sentence, for $1,231 CAD in serious cases. An officer decides both. The TRP vs Criminal Rehabilitation guide compares them.
What is the Canadian equivalent of a US felony?
There is no single equivalent. Canadian law has no felony category, so IRCC matches the conduct you were convicted of to the closest Canadian offence and reads that offence's maximum sentence. IRPA s.36(3)(a) treats every hybrid offence as indictable. Many felonies map to a 10-year-or-more maximum, which is serious criminality, and an officer makes the final call. The Criminal Equivalency tool shows how common offences map.
My felony conviction is 25 years old. Can I enter Canada now?
Time alone will not clear it. Serious criminality has no deemed rehabilitation, so a felony-equivalent conviction does not age out after 10, 20 or 50 years. You can apply for Criminal Rehabilitation once 5 years have passed since your full sentence, or request a TRP for a compelling reason. The Deemed Rehabilitation guide explains the time-based rule and its limits.
Does a single felony conviction make me inadmissible, or do I need more than one?
A single felony-equivalent conviction can be enough. Serious criminality under IRPA s.36(1) can be triggered by one foreign conviction whose Canadian equivalent carries a maximum of at least 10 years. The number and type of offences matter for ordinary criminality and for the deemed rehabilitation rules in IRPR s.18, which is one reason the equivalency analysis matters. The Multiple Convictions guide covers records with more than one offence.
Can I be refused entry to Canada at the border for a felony even with no warrant?
Yes. Inadmissibility under IRPA turns on your conviction history and its Canadian equivalent, and a warrant plays no part in it. If you are inadmissible for serious criminality and arrive without a valid Temporary Resident Permit or an approved Criminal Rehabilitation, an officer can refuse entry and, in some situations, issue a removal order. The Denied Entry to Canada guide explains what happens at the border and after.
How long does Criminal Rehabilitation take and what does it cost?
IRCC says Criminal Rehabilitation applications can take over a year to process, so apply well before you plan to travel. The fee is $246.25 CAD for non-serious criminality and $1,231 CAD for serious criminality, which covers many felonies. The How to Apply for Criminal Rehabilitation guide walks through the file.
What if my felony charge was reduced to a misdemeanor through a plea deal?
Canada assesses the offence you were actually convicted of. After a plea to a misdemeanor, IRCC maps that misdemeanor to its Canadian equivalent and reads its maximum sentence. If the equivalent still carries a 10-year maximum, as impaired driving has since December 18, 2018, the result is still serious criminality. If it carries less, ordinary criminality and deemed rehabilitation rules can apply. The Misdemeanor and Canada guide covers lower-level offences.
Does my felony pardon or Governor's commutation help with Canadian admissibility?
It may help, and it does not settle the question. IRCC says a person pardoned for an offence outside Canada may still be inadmissible, and that the visa office will tell you if a pardon from another country is valid in Canada. A formal pardon can be a positive factor in a Criminal Rehabilitation or TRP application, since it shows your home justice system recognized your rehabilitation. The Pardoned Offences guide explains how Canada reads a pardon.
Part of:Criminal record
- Deemed Rehabilitation Canada: The 10-Year Rule
- How to Apply for Criminal Rehabilitation in Canada: Step-by-Step
- TRP vs Criminal Rehabilitation: Which Do You Need?
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.
Follow on Facebook to hear when the library opens (opens in a new tab)Official sources
This page is based on law and policy published by the Government of Canada.