Determining Canada Inadmissibility for Individual Criminality

Canada’s immigration law takes criminal inadmissibility seriously. Immigration, Refugees and Citizenship Canada (IRCC) and the Canada Border Services Agency (CBSA) assess whether a person may be refused entry or removed from Canada due to criminal activity committed inside or outside the country.

This updated guide explains how immigration officers determine inadmissibility for individual criminality, including the legal standards, key categories, and exceptions under the Immigration and Refugee Protection Act (IRPA).

On this page you will find

• How IRCC determines criminal inadmissibility
• The four main categories of criminal inadmissibility
• Legal standards and “reasonable grounds”
• Exceptions and rehabilitation options
• Frequently asked questions

Understanding Criminal Inadmissibility

Under the Immigration and Refugee Protection Act (IRPA), a person may be found inadmissible to Canada on grounds of criminality if they have been convicted of, or have committed, an offence that would be considered a crime under Canadian law.

IRCC and CBSA officers evaluate each case by reviewing available evidence, legal equivalency to Canadian law, and whether rehabilitation or record suspension applies.

Inadmissibility decisions are made based on credible information – not necessarily a conviction. In many cases, officers rely on “reasonable grounds” to believe a crime occurred.

The Four Main Categories of Criminal Inadmissibility

1. Convicted in Canada

Individuals convicted under Canadian criminal law may be found inadmissible if they:

• Were convicted of an offence punishable by a maximum term of at least ten years in prison.
• Were convicted of an offence punishable by indictment.
• Were convicted of two or more offences from separate incidents.

Permanent residents face higher thresholds and are generally found inadmissible only for serious criminality – meaning offences punishable by a term of at least ten years or where a sentence of six months or more was imposed.

Exceptions apply where the person was acquitted, had their record suspended, or where the offence falls under the Contraventions Act or Young Offenders Act.

2. Convicted Outside of Canada

Foreign nationals may be deemed inadmissible if convicted abroad for acts that would be considered a crime in Canada and carry similar penalties. Officers assess equivalency by comparing the foreign offence with the Canadian Criminal Code.

Inadmissibility applies where:

• The offence would be punishable in Canada by indictment or by a term of at least ten years.
• There are convictions for two or more distinct offences arising from separate events.

Permanent residents are only inadmissible if the offence qualifies as serious criminality.

A person is not inadmissible if:

• They have been deemed rehabilitated under Canadian law.
• They have been pardoned or had their record expunged.
• There is credible evidence of an acquittal or pending appeal.

3. Committing an Act

This category applies when there is credible evidence that a person committed a criminal act outside Canada but was not convicted.

A foreign national may be inadmissible if:

• The act occurred abroad.
• It is a criminal offence where it occurred.
• The equivalent offence in Canada would be indictable or punishable by a term of at least ten years.

Permanent residents face a higher standard – inadmissibility must be proven on a balance of probabilities, meaning it is more likely than not that they committed the act.

Individuals are not inadmissible if they were acquitted, rehabilitated, or if the act corresponds to a minor offence under the Contraventions Act or the Young Offenders Act.

4. Committing a Crime on Entering Canada

A person may be found inadmissible if they commit an indictable offence while attempting to enter Canada, such as using false documents or making misrepresentations at a port of entry.

Officers must have reasonable grounds to believe that:

• The offence occurred while entering Canada.
• The act constitutes an indictable offence under Canadian law.
• The offence was not accidental or unintentional.

If another Canadian authority is already pursuing charges, immigration officers will defer to that process rather than make a separate inadmissibility finding.

Legal Standards

Findings of criminal inadmissibility rely on different legal thresholds depending on status:

• Foreign nationals: “Reasonable grounds to believe” – a serious possibility supported by credible evidence.
• Permanent residents: “Balance of probabilities” – it is more likely than not that the person committed the act.

These standards ensure decisions are based on evidence, not speculation.

Rehabilitation and Record Suspensions

A person found inadmissible for criminality may overcome this finding through:

• Deemed rehabilitation: Automatic after a set number of years have passed since the completion of a sentence, depending on the severity of the offence.
• Individual rehabilitation application: A formal request to IRCC showing good conduct and low risk of reoffending.
• Record suspension (pardon): Granted by the Parole Board of Canada, it removes most immigration barriers.

Fair Processes and Rehabilitation Pathways

Criminal inadmissibility decisions are complex and fact-specific. While Canada protects public safety, it also provides fair processes and rehabilitation pathways. Anyone with past convictions or charges should seek professional advice before travelling to or applying for immigration to Canada.

Frequently Asked Questions