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Can I Enter Canada While on Probation or Parole?

Usually only with a Temporary Resident Permit (TRP) under IRPA s.24(1). While you are on probation or parole, your sentence is not complete, so the clocks for deemed rehabilitation and Criminal Rehabilitation have not started. You may also need your supervising officer's permission to travel. A border or IRCC officer decides each case.

Why does probation or parole limit the routes into Canada?

Canada assesses criminal inadmissibility under IRPA section 36. A conviction that has a Canadian criminal equivalent may make you inadmissible: serious criminality under s.36(1) (where the equivalent Canadian offence carries a maximum of 10 years or more) or criminality under s.36(2) (an offence that would be indictable in Canada, or two offences not arising from a single occurrence). Your sentence status also affects which solutions are available.

Deemed rehabilitation
Involves no application: an officer checks the conditions once enough time has passed since you completed your full sentence. It does not apply to serious criminality at all, and it has not started while you are still under supervision.
Criminal Rehabilitation (IRPA s.36(3)(c))
An application you can make once at least 5 years have passed since you completed all parts of your sentence. While you are on active supervision you are not yet eligible.
Temporary Resident Permit (IRPA s.24(1))
Has no minimum waiting period. For someone currently under supervision it is generally the only formal pathway, though an officer always retains discretion to grant or refuse it.

When does the rehabilitation clock start?

Both waiting-period pathways are measured from the day you finish your entire sentence, so active supervision keeps that clock from starting. It does not start at conviction or sentencing.

The sentence is complete only when:

  • Probation is fully completed
  • Parole supervision has ended
  • All fines and restitution are paid
  • Any driving prohibition or licence suspension has ended

After all conditions are met, at least 5 years must pass before you become eligible to apply for criminal rehabilitation. For deemed rehabilitation, the time is 10 years for a single indictable-equivalent offence with a maximum under 10 years, and a separate class applies at 5 years to two or more summary-only offences. The Rehabilitation Calculator helps you count the dates.

The rule

Criminal rehabilitation under IRPA s.36(3)(c) is an application you can make once at least 5 years have passed since you completed all parts of your sentence.

IRPA s.36(3)(c), IRPR s.17Verify on justice.gc.ca(opens in a new tab)

How does an officer assess someone on probation or parole?

The instructions IRCC gives officers on temporary resident permits list factors to assess in criminal cases. They include:

  • Time elapsed since the offence
  • The nature and seriousness of the underlying conviction: serious criminality under IRPA s.36(1) or non-serious criminality under s.36(2)
  • The purpose of travel: IRCC issues a permit only for a compelling reason, and the officer weighs the need to enter against the health or safety risks to Canadian society
  • Behaviour since the conviction: evidence of reform or rehabilitation, and whether there is a pattern of criminal behaviour
  • Any restriction of travel following probation or parole, and whether all sentences have been completed

An officer granting a TRP to a person currently on probation or parole is exercising discretion under IRPA s.24(1). There is no entitlement to a TRP.

How do you ask for a Temporary Resident Permit?

A TRP under IRPA section 24(1) allows an officer to let an otherwise inadmissible person enter or stay in Canada for a specific purpose, when the officer is satisfied that the need to enter is compelling enough to outweigh the risk to Canadian society. It is a temporary, purpose-specific pass rather than a permanent fix for inadmissibility.

For planned travel, a person can ask in advance, within a visa or permit application or through IRCC’s web form, so the decision on the permit is made before the trip. A border services officer still authorizes entry on arrival. IRCC publishes no processing time for these permits.

You can also request a TRP directly at the border. The officer has discretion and may refuse, and IRCC says a person refused there is not allowed to enter Canada.

Under IRPR s.63, a TRP can be valid for one day up to a maximum of three years, and the instructions IRCC gives officers say to issue a permit for only the time required.

What changes once the sentence is complete?

Criminal Rehabilitation under IRPA s.36(3)(c) removes the grounds of criminal inadmissibility, in the words of IRCC guide 5312. Once it is approved, a TRP is no longer needed for that record, though you must still meet the ordinary requirements for entry.

The government processing fees are:

  • CAD $246.25, criminality (IRPA s.36(2))
  • CAD $1,231, serious criminality (the equivalent Canadian offence carries a maximum of 10 years or more)

IRCC says these applications can take over a year to process, so a person who must travel before rehabilitation is approved still needs a TRP.

What do people ask?

What is the difference between probation and parole?

Probation is a sentence a judge imposes, usually instead of prison and sometimes on top of it. Parole is part of a prison sentence: the Parole Board of Canada says it always begins with time in prison, after which the person may finish the sentence in the community under supervision. For entering Canada, both mean your sentence is not complete. Our Criminal Rehabilitation page explains why that matters.

Can I enter Canada while on probation for a misdemeanor?

Possibly, but usually only with a TRP. A misdemeanor can make you inadmissible if it has a Canadian criminal equivalent under IRPA s.36. While you are on probation, your sentence is incomplete, so deemed rehabilitation and Criminal Rehabilitation are not yet open. A TRP under IRPA s.24(1) is the formal route during supervision, and an officer decides. Our Misdemeanor Entry guide explains how offences are matched.

I am on probation for a DUI. Can I enter Canada?

Usually only with a TRP. Impaired operation under Criminal Code s.320.14 carries a maximum of 10 years (s.320.19), so a DUI committed on or after December 18, 2018 is generally serious criminality under IRPA s.36(1). On probation, the rehabilitation routes are not yet open. The instructions IRCC gives officers say a permit for serious criminality can generally be issued only by a senior official. An officer decides each case. Our DUI guide covers older offences too.

Will Canada know I am on probation?

An officer can ask, and the law requires a true answer: under IRPA s.16(1), a person must answer truthfully all questions put to them. The instructions IRCC gives officers say to assess any restriction of travel following probation or parole. Withholding or misstating a material fact is misrepresentation under IRPA s.40, which generally lasts 5 years and is not resolved by rehabilitation. Our Criminal Records page sets out the routes the law provides.

When does the 5-year wait for Criminal Rehabilitation start?

It starts only when every part of the sentence is done: the last day of probation or parole, fines paid in full and any other court-ordered conditions met. It does not start at conviction or sentencing. An unpaid fine or a probation term still running keeps the clock stopped, even for an old offence. IRPR s.17 sets the five years, and IRCC guide 5312 says how to count them. Our Rehabilitation Calculator helps you count the dates.

My parole ends in 6 months. Should I wait?

The law sets no waiting period for a TRP, so a request before parole ends is possible when there is a compelling reason. The instructions IRCC gives officers list whether all sentences have been completed among the factors to assess. Criminal Rehabilitation opens 5 years after parole ends. Our Temporary Resident Permit page explains how to ask in advance.

Does a TRP override my probation conditions?

No. A TRP lets you enter Canada under immigration law, but it does not change the conditions of your probation or parole. Travelling abroad without your supervising officer's permission may breach those conditions and create new trouble at home. You must meet both Canadian immigration law and your home supervision rules. The instructions IRCC gives officers say to assess any restriction of travel following probation or parole. Our Temporary Resident Permit page covers the application.

Does a US pardon or expungement remove my Canadian inadmissibility?

Not automatically. Canada assesses admissibility under its own law. IRPA s.36(3)(b) removes a conviction from consideration for a final acquittal or for a record suspension under Canada's Criminal Records Act, a Canadian measure. IRCC says a person pardoned for an offence outside Canada may still be inadmissible, and the visa office confirms whether a foreign pardon is valid in Canada. Our Expunged Record guide explains how Canada reads cleared records.