Inadmissibility — IRPA s.36

Criminal Inadmissibility Canada — DUI, Felonies + Recovery Options

Criminal inadmissibility under IRPA s.36 affects many would-be visitors, students, workers, and immigrants. DUIs, felonies, and even some misdemeanors can render you inadmissible. This page covers the framework + three recovery pathways: TRP (temporary), Criminal Rehabilitation (permanent), Deemed Rehabilitation (automatic for limited cases).

Two categories of criminal inadmissibility

Criminality (s.36(2)) — less serious

Convicted of offense equivalent to summary conviction under Canadian Criminal Code
Convicted of two or more summary-equivalent offenses
OR committed (not yet convicted) of certain hybrid offenses

Serious Criminality (s.36(1)) — more serious

Convicted of offense equivalent to indictable offense with maximum sentence 10+ years
OR convicted with sentence 6+ months actually imposed
OR committed (not yet convicted) of indictable-equivalent offense
DUI/impaired driving: Now serious criminality (since December 2018 Cannabis Act changes increased max DUI sentence from 5 to 10 years)

Equivalence analysis — foreign offense to Canadian

IRCC compares the foreign offense to the closest Canadian Criminal Code equivalent. If the Canadian equivalent is:

Summary conviction → criminality
Indictable offense with max 10+ years → serious criminality
Indictable offense with shorter max sentence → criminality

Common DUI equivalence: foreign DUI → Canadian Criminal Code s.320.14 (driving while impaired) → max sentence 10 years → SERIOUS CRIMINALITY.

Three recovery pathways

Option 1: Deemed Rehabilitation (automatic — limited)

Automatic removal of inadmissibility for:

Single CRIMINALITY (less serious) offense + 10+ years since sentence completion
Two summary-equivalent offenses + 5+ years since each sentence completion

NOT available for serious criminality (most DUIs post-2018, indictable offenses). If you qualify, you don't need to apply — you're automatically considered rehabilitated. But always confirm at port of entry with documentation.

Option 2: Criminal Rehabilitation (permanent removal)

Formal IRCC application for permanent rehabilitation. Requirements:

At least 5 years passed since sentence completion (all probation, fines, restitution complete)
Demonstrate rehabilitation (no new offenses, stability, character references)
Submit application with fee (CAD $200 criminality / CAD $1,000 serious criminality)
Processing: 12-24 months

If approved, inadmissibility is permanently removed. You can enter Canada freely for future trips + immigration applications.

Option 3: Temporary Resident Permit (TRP)

Temporary admission despite inadmissibility — for specific purpose + duration. IRCC officer balances:

Compelling reason for entry (business, family event, medical, etc.)
Severity of inadmissibility (DUI vs assault vs more serious offense)
Risk to Canadian society

TRP can be issued for single entry (one purpose, limited time) up to multi-entry valid for years. Renewable but each renewal separately assessed.

DUI inadmissibility (most common scenario)

Post-2018, DUIs are serious criminality. Practical implications:

Even single DUI conviction abroad makes you inadmissible
5-year waiting period for Criminal Rehabilitation application
TRP available for urgent trips during waiting period
Many US travelers + workers find themselves inadmissible after years of routine Canadian visits

Application strategies

For inadmissibility under 5 years (can't apply for Rehabilitation yet)

Apply for TRP for specific trips
Calendar Criminal Rehabilitation application for after 5-year mark
Maintain clean record + collect rehabilitation evidence

For inadmissibility 5+ years old

Apply for Criminal Rehabilitation — permanent solution
If urgent trip in interim: TRP

For PR/citizenship applicants with criminal history

Disclose fully (misrepresentation = 5-year ban; worse than the underlying inadmissibility)
Apply for Criminal Rehabilitation BEFORE filing PR application — clears inadmissibility first
Submit PR application after rehabilitation is granted

Common criminal inadmissibility mistakes

Not disclosing prior conviction — misrepresentation = 5-year ban (separately + on top of the conviction)
Assuming time alone solves inadmissibility — formal application usually required
Showing up at border without TRP for urgent trip — denied entry on the spot
Applying for PR before resolving inadmissibility — refusal + wasted application fee
Underestimating DUI severity post-2018 (now serious criminality)

FAQ

What's criminal inadmissibility?

Under IRPA s.36, foreign nationals + PRs can be inadmissible to Canada based on criminal convictions abroad or in Canada. Severity: 'criminality' (less serious — equivalent to summary conviction) vs 'serious criminality' (equivalent to indictable offense with potential sentence 10+ years OR sentence 6+ months imposed). DUIs are now serious criminality (since 2018 Cannabis Act changes).

What are recovery options?

Three main options: (1) Temporary Resident Permit (TRP) — temporary admission for specific period/purpose despite inadmissibility; (2) Criminal Rehabilitation — permanent removal of inadmissibility after 5 years from completion of sentence; (3) Deemed Rehabilitation — automatic for less serious offenses after 10 years (limited applicability for serious criminality).

When is Deemed Rehabilitation automatic?

For single CRIMINALITY offense (less serious) where 10+ years have passed since sentence completion. NOT available for serious criminality (DUIs since 2018, indictable offenses, multiple offenses). Limited applicability in 2026 — most cases now require formal Criminal Rehabilitation application.

How long does Criminal Rehabilitation take?

Application processing: 12-24 months at IRCC. Eligibility: 5 years must have passed since sentence completion (probation, fines, restitution all completed). Fee: CAD $200 (criminality) or CAD $1,000 (serious criminality). After approval, inadmissibility is permanently removed.

How fast is TRP?

TRP processing: 4-12 weeks typically (varies by IRCC office). TRP is temporary — issued for a specific purpose (single visit, work assignment, family event) + specific duration (single entry up to 3 years multi-entry). Can be renewed but each renewal is separately assessed.

Criminal inadmissibility — book your free assessment

Halani Immigration Services Inc. (RCIC-IRB R711322) handles Criminal Rehabilitation, TRP, and inadmissibility analysis for Canadian immigration. Free 15-min review.

Free Inadmissibility Review →

Criminal Inadmissibility Canada