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.

Inadmissibility for Individual Criminality – Definitions

This section explains the types of individual criminal behaviour that can make a person inadmissible to Canada under the Immigration and Refugee Protection Act.

If a person is convicted of certain offences, or if immigration authorities believe they committed them, Canada may find that person inadmissible. Inadmissible individuals cannot enter Canada and may face removal if they already hold status.

Canadian immigration law divides individual criminal inadmissibility into two main categories:

• Serious criminality
• General criminality

Each category applies differently to foreign nationals and permanent residents and uses specific legal standards of proof.

Serious criminality

Both foreign nationals and permanent residents can be found inadmissible for serious criminality.

Convictions in Canada

A person may be inadmissible for serious criminality if they have been convicted in Canada of:

• An offence that carries a maximum possible prison sentence of 10 years or more, or
• An offence for which a court imposed a sentence of six months or more of imprisonment

A person will not be inadmissible under this category if:

• A court acquitted them
• They received a criminal record suspension
• The offence falls under the Contraventions Act
• The offence was dealt with under the Young Offenders Act

Convictions outside Canada

A person may be inadmissible for serious criminality if they were convicted outside Canada of an offence that would carry a maximum prison sentence of at least 10 years if committed in Canada.

A person will not be inadmissible if:

• Canada considers them deemed rehabilitated
• They received a criminal record suspension
• Authorities reasonably expect an acquittal
• The offence would fall under the Contraventions Act or Young Offenders Act if committed in Canada

Acts committed outside Canada

A person may also be inadmissible if they committed an act outside Canada that:

• Is a crime where it occurred, and
• Would carry a maximum prison sentence of at least 10 years if committed in Canada

When the person is a permanent resident, immigration authorities must apply the balance of probabilities standard. This means it must be more likely than not that the person committed the act.

The same exceptions apply, including deemed rehabilitation, record suspension, or expected acquittal.

General criminality

General criminality applies mainly to foreign nationals. Permanent residents are not usually found inadmissible based only on general criminal activity.

Convictions in Canada

A foreign national may be inadmissible for general criminality if they have:

• A conviction in Canada for an offence that may be prosecuted by indictment, or
• Two separate convictions in Canada that arose from two distinct events

A foreign national will not be inadmissible if:

• A court acquitted them
• They received a criminal record suspension
• The offence falls under the Contraventions Act
• The offence was dealt with under the Young Offenders Act

Convictions outside Canada

A foreign national may be inadmissible if they were convicted outside Canada of:

• An offence that would be indictable if committed in Canada, or
• Two separate offences from two distinct events that would be crimes in Canada

A foreign national will not be inadmissible if they have been deemed rehabilitated, received a record suspension, or authorities reasonably expect an acquittal.

Acts committed without a conviction

A foreign national may be inadmissible if they:

• Committed an act outside Canada that is a crime where it occurred and would be indictable in Canada, or
• Commit an offence after entering Canada that violates Canadian law

Acquittals, record suspensions, and youth or contraventions offences may still prevent a finding of inadmissibility.

Standards of proof used by immigration officers

Immigration officers must base most findings of inadmissibility on reasonable grounds. This means officers must have credible evidence showing a serious possibility that a person falls within one of the criminal categories.

Exception for permanent residents

The reasonable grounds standard does not apply when a permanent resident allegedly committed an act outside Canada that:

• Is a crime where it occurred, and
• Would carry a maximum prison sentence of at least 10 years in Canada

In these cases, officers must apply the higher balance of probabilities standard.

Why this distinction matters

The difference between serious criminality and general criminality affects:

• Whether a person can enter or remain in Canada
• Whether removal proceedings may begin
• Eligibility for rehabilitation or other relief
• The legal threshold immigration authorities must meet

Because findings of inadmissibility can carry long-term consequences, early legal assessment is often critical.

Frequently Asked Questions