Inadmissibility, TRP and Criminal Rehabilitation

Criminal inadmissibility Canada is not a permanent bar. There are defined routes back, and which one applies depends on what the finding was, how many convictions there are, and how long it has been since the sentence ended.

Canada Shaws Consulting Inc. · Richmond, BC · Practising since 2015 · Regulated by the College of Immigration and Citizenship Consultants (CICC)

Send us the charge, the disposition, the sentence and the date it was completed. We assess at no charge which route applies, and some people who assume they are barred turn out not to need an application at all.

Criminal inadmissibility Canada, temporary resident permits and rehabilitation applications, Canada Shaws Consulting, Richmond BC

What kind of inadmissibility are you dealing with?

The route back depends entirely on the category. These are decided under different provisions of the Immigration and Refugee Protection Act, and the remedies do not transfer between them.

Category What it usually looks like
Criminality A conviction, or an act committed outside Canada that has an equivalent offence here. Impaired driving is the most common, and its consequences became more serious after the offence was reclassified in Canadian law.
Serious criminality An offence that, in Canada, carries a maximum term of at least 10 years, or for which a term of more than six months was imposed. This is the line that decides whether deemed rehabilitation is available at all, and which rehabilitation fee applies.
Misrepresentation An answer, a document or an omission found to be untrue or misleading. It attaches to the person, not to the application, and carries a multi-year bar.
Medical A condition assessed as a danger to public health or safety, or as likely to place excessive demand on health or social services.
Financial or non-compliance Inability to support yourself, or a breach of a condition on a previous status: overstaying, working without authorisation, studying without a permit.

If you have received a procedural fairness letter, the deadline in it is real. That letter is the opportunity to respond before a finding is made, and preventing a finding is far easier than removing one. Send the assessment form the day you receive it.

The routes past criminal inadmissibility Canada

Time since the end of the sentence is what decides which of these is available. The sentence ends when everything imposed is complete, including any fine paid and any period of probation or parole served.

Route What it does When it applies
Temporary resident permit Authorises entry or a stay for a specific purpose and period despite the inadmissibility. It does not remove the inadmissibility. IRCC describes it as useful where it has been less than five years since the end of your sentence, and there is a justified need to enter that outweighs the risk. It may be issued by an immigration officer or a border services officer.
Individual (criminal) rehabilitation Removes the criminal inadmissibility permanently, on application. At least five years must have passed since the end of the criminal sentence and since the act that made you inadmissible. You must show you are rehabilitated and unlikely to reoffend.
Deemed rehabilitation Applies automatically, with no application and no fee. See the next section. The time required, and whether you may self-assess, both depend on how many convictions there are.
Record suspension or foreign pardon Removes the inadmissibility where it is recognised. For a Canadian conviction, through the Parole Board of Canada. For a foreign one, the equivalent has to be verified through the responsible visa office before it counts.

Where a removal order was issued against you, an authorisation to return to Canada is required in addition to whatever else applies. Confirm the current position at IRCC on overcoming criminal convictions.

Deemed rehabilitation: the case where you need no application at all

Deemed rehabilitation applies by operation of the rules rather than by application, and the thresholds are specific. Establishing whether it already applies to you is worth doing before paying for anything else.

Your record Time required after the sentence was completed How it is assessed
One indictable offence (an offence punishable in Canada by a maximum term of less than 10 years) 10 years If it is your only conviction and you meet every other condition, you may be assessed at a port of entry.
Two or more summary convictions 5 years With more than one conviction you cannot self-assess at a port of entry. You must be assessed by a visa office.
  • The offence must be punishable in Canada by a maximum term of less than 10 years. An offence carrying a maximum of 10 years or more is outside deemed rehabilitation entirely, however long ago it was.
  • Serious offences are excluded: those involving serious property damage, physical harm to any person, or any type of weapon.
  • What matters is the Canadian equivalent of the foreign offence, not what it was called or how it was classified where it happened. That equivalency analysis is the work.
  • There is no application and no fee. If deemed rehabilitation applies, it already applies.

Because it can apply automatically, some people who assume they are barred are not, and some who assume they are covered are not, because their offence carries a Canadian maximum of ten years or more. Both errors are expensive in different ways. IRCC’s statement is at deemed rehabilitation.

What a temporary resident permit application has to establish

A temporary resident permit is the usual first answer to criminal inadmissibility Canada when the five years have not passed. It is discretionary: the officer weighs the need to enter against the risk, and both sides have to be evidenced rather than asserted.

  • A specific, documented reason to be in Canada, such as a role, a contract, a family event or a medical need, with dates.
  • The full record, disclosed accurately. An application that minimises what happened is worse than one that explains it.
  • Evidence of what has changed since: time elapsed, sentence completed, treatment, employment, stability, community ties.
  • A stay proportionate to the purpose. A permit sought for an indefinite period without a reason is a weaker application than one for a defined trip.

Understating a record is how a manageable criminality problem becomes a misrepresentation problem, which is harder to fix and lasts longer. Assume the record is already known.

What the government charges, before anything we charge

These are IRCC’s own fees. The fee that applies to a rehabilitation application depends on whether the offence is criminality or serious criminality, which is decided by the Canadian equivalent of the offence.

IRCC fee Amount
Temporary resident permit, per person CAD 246.25
Criminal rehabilitation, criminality (non-serious) CAD 246.25
Criminal rehabilitation, serious criminality CAD 1,231
Deemed rehabilitation No application and no fee
Record suspension in Canada Charged by the Parole Board of Canada, not by IRCC

Taken from the IRCC fee list on 5 September 2026. A fee waiver exists for a temporary resident permit in defined circumstances, so it is worth asking whether it applies before paying.

What we charge

These are our professional fees, on top of the government fees above. These files vary more than any other work we do, so the fee is quoted after the free assessment once we know what we are dealing with.

Service What it covers Professional fee
Assessment of your case You send the charge, the disposition, the sentence and the completion date. We work out the Canadian equivalent of the offence, whether deemed rehabilitation already applies, and which route is open. Free
Temporary resident permit or rehabilitation, representation The equivalency analysis, the evidence of rehabilitation or of the need to enter, the application, and the response to any request from IRCC. Quoted after the free assessment
Procedural fairness or misrepresentation response A response prepared inside the deadline in the letter. This is time-critical work and we take it on that basis. Quoted after the free assessment
Paid consultation 20, 40 or 60 minutes with a senior RCIC, for a decision on whether to apply at all and under which route. from CAD 120

Fees are professional fees only. They do not include IRCC or ESDC government fees, biometrics, medical examinations, translations, or applicable taxes.

Your journey with Canada Shaws

The same seven steps apply to every matter we take, whichever programme it is. The first two cost nothing, and the third is optional.

  1. Free preliminary assessment. You complete our client intake form with your background, your goals and your current circumstances. An RCIC reviews what you have provided and carries out a preliminary assessment to identify the immigration programmes or pathways that may be relevant to your situation on the information available at this stage.
  2. Assessment follow-up and information review. Our client representative contacts you to introduce the pathways the RCIC identified, explain our service process and professional fees, and understand your circumstances better. They may also review what you submitted, clarify anything incomplete or unclear, and confirm whether more information is needed. You can ask questions and see the available next steps.
  3. Optional paid RCIC consultation. After the assessment and follow-up, you decide whether you want to speak directly with an RCIC before proceeding. If your questions are complex, or you want a detailed professional discussion of the options identified, you may book a paid consultation. It is optional. You can also proceed straight to signing up if you are ready.
  4. Sign up with your RCIC. If you decide to proceed, you enter into a formal service agreement directly with the RCIC who will be professionally responsible for your matter. Once it is in place, the file moves into formal case preparation.
  5. Detailed information and document preparation. Our team collects and reviews the detailed information and supporting documents your matter requires, and guides you through preparing them.
  6. Application preparation and RCIC final review. The case team prepares your application package under the supervision of your RCIC: forms, supporting documents, submission letters and any other required materials. Your RCIC carries out the final professional review before submission.
  7. Submission, updates and next steps. After submission we keep you informed of material developments. If immigration authorities request further information or issue a decision, our team guides you through the response, the result, and what happens next.

Who will handle your file

Every file is prepared under a named licensed consultant, and you can verify either of us on the CICC public register before you pay anything.

Frederick Li, Regulated Canadian Immigration Consultant (RCIC-IRB) at Canada Shaws Consulting

Frederick Li

RCIC-IRB · Level 3 · College ID R506683

Authorised to represent clients before the Immigration and Refugee Board of Canada. Immigration Law Professor in the Immigration Law Program at Queen’s University (Faculty of Law) and instructor for CPD programs at Ashton College.

Jin (Cellia) Xiao, Regulated Canadian Immigration Consultant (RCIC) and founder of Canada Shaws Consulting

Jin (Cellia) Xiao

RCIC · Level 2 · College ID R512398

Founder and President of Canada Shaws since 2015, leading the team that prepares applications across the practice.

Both consultants are listed as Entitled to Practise on the CICC public register. Verify any Canadian immigration consultant at register.college-ic.ca.

Criminal inadmissibility Canada: questions people ask

How long after a conviction can I apply for rehabilitation?

Individual criminal rehabilitation is available once at least five years have passed since the end of the sentence, including any fine, probation and parole, and since the act itself. IRCC charges CAD 246.25 for criminality and CAD 1,231 for serious criminality.

Might I already be rehabilitated without applying?

Possibly. Deemed rehabilitation applies automatically ten years after the sentence was completed for a single indictable offence punishable in Canada by a maximum of less than ten years, and five years after for two or more summary convictions. With more than one conviction you must be assessed by a visa office rather than at a port of entry.

I need to travel before those five years are up.

That is what a temporary resident permit is for. It authorises a specific trip rather than removing the inadmissibility, and the application has to show why the need to enter outweighs the risk. IRCC charges CAD 246.25.

Does an old impaired driving conviction still matter?

Yes. Its treatment became more serious after the offence was reclassified in Canadian law, and convictions that were manageable under the previous approach are not automatically manageable now. The reclassification can put an old offence into serious criminality, which changes both the available routes and the fee.

Does the foreign classification of my offence decide this?

No. What governs is the Canadian equivalent of the offence and the maximum term it carries here, not what the offence was called, or whether it was a misdemeanour, where it happened. Working out that equivalency is most of the analysis.

I was refused at the border and told to leave. Am I banned?

Not necessarily. The difference between being allowed to withdraw your application to enter, being refused entry, and being issued a removal order matters a great deal for what comes next, and a removal order requires an authorisation to return to Canada. What you were handed on the day tells us which it was.

Does criminal inadmissibility Canada ever expire on its own?

It can. Deemed rehabilitation applies automatically in defined cases: ten years after a single indictable offence carrying a Canadian maximum of less than ten years, or five years after two or more summary convictions. Some people who assume they are barred are not.

Find out which criminal inadmissibility Canada route is open to you

Send us the charge, the disposition, the sentence and the date it was completed. There is no charge for the assessment: you will get back the Canadian equivalent of the offence, whether deemed rehabilitation already applies, which route is open, what the government fee would be, and what the work would cost.

Requirements described on this page are taken from the published criteria of Immigration, Refugees and Citizenship Canada (and, where a page says so, Employment and Social Development Canada or the relevant province) and were checked on the date below. Immigration rules change, and the official criteria govern, so confirm the current requirement before you act on anything here.
No representative can guarantee an immigration outcome, and we do not promise one. What we commit to is a complete, correctly prepared application and a named licensed consultant responsible for it. Canada Shaws Consulting Inc. provides immigration consulting services as Regulated Canadian Immigration Consultants; we are not a law firm and do not provide legal services.
Page last verified: 5 September 2026.

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