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Admissibility · Entry · Permanent-resident consequences

Criminal Inadmissibility to Canada

A charge or conviction can affect an eTA, a visa, admission at the border, permanent-resident status and citizenship—but it does not necessarily mean Canada will refuse entry. The result depends on a legal comparison, the sentence, the dates, the person’s status and the remedy available.

Do not guess at the border.Offence names, online records and informal advice rarely answer the Canadian legal question. A wrong answer on an eTA, visa application or examination can create a separate misrepresentation problem.
The real legal question

Is the conduct equivalent to an offence in Canada?

Canada does not simply import a foreign label such as “misdemeanor” or “felony.”

The analysis identifies the Canadian federal offence that most closely corresponds to the foreign law and facts. We compare the essential elements, conduct alleged or admitted, mode of prosecution and maximum Canadian punishment. We also examine the disposition, every component of the sentence and whether multiple offences arose from the same occurrence.

A foreign offence with no true Canadian equivalent may not create criminal inadmissibility. Conduct treated as minor elsewhere can still have serious consequences under Canadian law.

Section 36 of the Immigration and Refugee Protection Act

Criminality and serious criminality are different.

Criminality

For a foreign national, inadmissibility can arise from a Canadian indictable conviction; two federal convictions not arising from one occurrence; a foreign conviction equivalent to an indictable Canadian offence; or specified criminal conduct outside Canada.

Serious criminality

A permanent resident or foreign national may be inadmissible where the Canadian offence has a maximum punishment of at least 10 years, or—after a Canadian conviction—the actual term of imprisonment imposed is more than six months.

Hybrid offences

Many Criminal Code offences may be prosecuted summarily or by indictment. Immigration law generally treats these hybrid offences as indictable even when the prosecution proceeded summarily.

Summary offences

One foreign conviction equivalent only to a Canadian summary offence may not trigger inadmissibility. Two offences arising from separate occurrences can. The complete record must be reviewed.

There is no reliable one-line list of inadmissible offences.

Common concerns include impaired or dangerous driving, assault, theft, fraud, drug and weapons offences. Acquittals, youth matters, record suspensions, discharges, expungements and offences arising from one occurrence require their own analysis.

eTAs, visas and entry

Approval to travel is not admission to Canada.

1

Application

eTA and visa questions must be answered completely. Arrests, charges, dispositions and convictions may need explanation even if a record was dismissed or sealed.

2

Pre-travel review

An officer may request court and police records, sentence-completion proof, rehabilitation evidence or a TRP request.

3

Primary inspection

An eTA or visa allows travel to a port of entry. A border officer can still examine criminal history and admissibility.

4

Secondary examination

Officers may review databases and documents and question the traveller in detail. Statements become part of the immigration record.

5

Decision

The traveller may be admitted, referred onward, allowed to withdraw the application to enter, or considered for a TRP where permitted.

eTA warning

An eTA can be refused or cancelled because of criminal inadmissibility. A person who needs individual rehabilitation should normally obtain that approval before relying on an eTA application. Concealing material history can lead to a separate misrepresentation finding and five-year inadmissibility period.

Temporary Resident Permits

A reason to travel—and a reason to exercise discretion.

A TRP is exceptional, temporary permission to enter or remain despite inadmissibility.

Reasons may include a family emergency, serious illness or funeral; essential business meetings or project responsibilities; necessary employment; medical care; or another documented family, humanitarian or public-interest purpose. Optional tourism is generally weaker.

The case should explain the purpose, timing, consequences of refusal, offence and sentence, time since the event, responsibility, treatment, stability and a practical risk-management plan. Advance application is usually safer. A port-of-entry request may be possible in a justified urgent case, but it is discretionary and carries real travel risk.

Impaired driving

DUI cases require date-specific analysis.

On or after December 18, 2018

Canada increased the maximum punishment for impaired driving to 10 years. A foreign equivalent can therefore amount to serious criminality. Deemed rehabilitation is generally unavailable, but individual rehabilitation or a TRP may remain possible.

Earlier offences

The penalties in force at the relevant time must be considered. Some cases may qualify for deemed rehabilitation after the required period.

Completion date matters

The waiting period normally begins only after every sentence component ends, including probation, fines and driving prohibitions.

Labels do not decide

A U.S. DUI called a misdemeanor can still be equivalent to a Canadian hybrid offence treated as indictable for immigration purposes.

Permanent residents

A conviction can put Canadian PR status at risk.

A permanent resident is subject to the serious-criminality ground, and the consequences can extend far beyond the criminal sentence.

1

Assessment

Officials decide whether section 36 serious criminality may apply.

2

Section 44 report

An officer may prepare an inadmissibility report for a Minister’s delegate.

3

Admissibility decision

The case may proceed to the Immigration Division and a removal order.

4

Appeal or court

An IAD appeal may exist, but serious criminality can remove it. Court deadlines are strict.

PR status is not lost the moment a person is convicted.

Status is lost when a removal order comes into force. The IAD appeal can be barred where serious criminality was punished in Canada by at least six months’ imprisonment or involves specified foreign conviction or conduct grounds. Early advice is critical.

Conditional sentences: the Supreme Court of Canada has held that a conditional sentence served in the community is not a “term of imprisonment” for the sentence-based serious-criminality threshold. The offence may still qualify because its maximum punishment is at least 10 years.

For criminal defence counsel

Understand immigration consequences before plea and sentence.

A modest criminal sentence can produce removal, family separation or loss of an immigration appeal.

We identify the client’s status, the immigration classification of the alleged offence, the maximum penalty, the six-month appeal threshold, citizenship prohibitions and the consequences of lawful alternative dispositions. We can provide written opinions for counsel, the Crown and the sentencing judge.

Immigration consequences may be considered as a personal circumstance when a proportionate sentence is selected, but they cannot justify an otherwise unfit sentence. The objective is to ensure the court understands serious, disproportionate and unintended consequences before sentence.

What we review

A reliable opinion starts with the complete record.

  • Charge, foreign statute and offence date
  • Plea, verdict and final disposition
  • Sentencing order and transcript
  • Police and court records
  • Fines, restitution and completion proof
  • Probation, parole and driving prohibition
  • All prior charges and convictions
  • Prior immigration applications
  • Purpose and timing of travel
  • Rehabilitation and stability evidence
  • Family, business or humanitarian need
  • Canadian status and pending proceedings

This is a serious matter. Get advice before acting.

We prepare equivalency opinions, rehabilitation and TRP applications, eTA and visa submissions, port-of-entry strategies, procedural fairness responses, admissibility-hearing and appeal cases, and Federal Court applications. We also advise criminal counsel before plea and sentence.

General information only—not legal advice. Criminal inadmissibility is fact-specific, and an officer or tribunal decides each case on the evidence and law that apply.