Criminality and serious criminality
Section 36 of IRPA creates two levels:
- Serious criminality covers a conviction for an offence punishable in Canada by a maximum of at least 10 years, or a conviction for which a term of imprisonment of more than six months was imposed. For permanent residents, only serious criminality applies; ordinary criminality does not.
- Criminality covers indictable offences, two summary offences not arising from the same event, and certain offences committed outside Canada. It applies to foreign nationals.
Hybrid offences, which can be prosecuted either way, are treated as indictable for immigration purposes. For acts committed outside Canada, a conviction is not always required: officers can find you inadmissible for committing an act that would be an offence in Canada.
Impaired driving
Since December 18, 2018, impaired driving offences carry a maximum of 10 years in Canada. A DUI or DWI conviction, including from the United States, is now serious criminality. Deemed rehabilitation is no longer available for it; you need individual rehabilitation or a TRP.
Equivalency
For foreign convictions, officers match the foreign offence to the closest Canadian offence by comparing the wording and essential elements, not the label. A careful equivalency analysis can show that the foreign offence has no Canadian equivalent, or a less serious one, and that can change the whole outcome.
Ways forward
Deemed rehabilitation
For a single conviction that would not be serious criminality in Canada, you may be deemed rehabilitated ten years after completing the sentence. Two or more summary-level offences can be deemed rehabilitated after five years in some cases. No application is required, but we often recommend a legal opinion letter to carry at the border.
Individual rehabilitation
Five years after completing every part of your sentence (jail, probation, fines, driving prohibitions), you can apply to be found rehabilitated. The officer looks at your conduct since, the circumstances of the offence, and the risk of reoffending. Approval permanently removes that ground of inadmissibility.
Record suspensions and pardons
A Canadian conviction for which a record suspension (pardon) has been granted no longer counts as inadmissibility. Some foreign pardons and expungements are recognized, depending on the country’s system.
Temporary resident permits
If you are not yet eligible for rehabilitation, or have an urgent reason to travel, a TRP can let you enter despite the conviction.
For permanent residents
A permanent resident convicted of serious criminality in Canada can face a section 44 report and a hearing. Where the sentence was under six months, an IAD appeal on humanitarian grounds is usually available. Talk to immigration counsel before resolving a criminal charge: the sentence can decide whether an appeal is possible.
How ATWORLD IMMIGRATION helps
- We analyze your court records and the Canadian equivalent of each offence.
- We calculate your rehabilitation eligibility dates.
- We prepare rehabilitation applications, legal opinion letters and TRP applications.
- We work with your criminal defence lawyer on the immigration consequences of a plea.
- We represent permanent residents at hearings and IAD appeals.
Last reviewed November 2026. This page is general information, not legal advice. Immigration law and IRB procedure change often; we confirm the current rules for your file at your consultation.