Inadmissibility to Canada: Criminal Rehabilitation and Temporary Resident Permits

A person who is inadmissible to Canada can be refused a visa, refused entry at the border or, if already here, ordered to leave. A criminal record is the most familiar reason, but there are several others. In many cases there is a way to deal with the problem, and the right one depends on the ground, the offence and how much time has passed. Law Wise, based in Mississauga, advises on inadmissibility, criminal rehabilitation, temporary resident permits and admissibility hearings.

Why a person can be inadmissible to Canada

Immigration, Refugees and Citizenship Canada (IRCC) lists these reasons, which come from sections 34 to 42 of the Immigration and Refugee Protection Act:

• Security: espionage, subversion, violence or terrorism, or membership in an organization involved in them
• Human or international rights violations: war crimes, crimes against humanity, or being a senior official of a government engaged in serious rights violations
• Criminality: committing a crime, including driving while under the influence of drugs or alcohol
• Organized criminality: membership in an organization involved in organized crime, people smuggling or money laundering
• Medical: a condition likely to be a danger to public health or safety, or that might reasonably be expected to cause excessive demand on health or social services
• Financial: being unable or unwilling to support yourself and your family members
• Misrepresentation: giving false information or withholding information that matters to a decision under the Act
• Non-compliance: for example overstaying, working or studying without authorization, or a permanent resident not meeting the residency obligation
• Inadmissible family member: having an accompanying family member who is inadmissible

Criminal inadmissibility

The Act distinguishes two levels, and the difference matters for the remedies and for appeal rights.

Serious criminality

This applies to permanent residents and to foreign nationals. It covers:

• a conviction in Canada for an offence punishable by a maximum term of imprisonment of at least 10 years, or for which a term of imprisonment of more than six months was imposed
• a conviction outside Canada for an offence that, if committed in Canada, would be punishable by a maximum of at least 10 years
• committing an act outside Canada that is an offence there and would be punishable in Canada by a maximum of at least 10 years

Criminality

This applies to foreign nationals only. It covers a conviction in Canada for an offence punishable by indictment, or for two offences that did not arise from a single event, and the equivalent convictions or acts outside Canada.

A finding cannot be based on an offence dealt with under youth criminal justice legislation or one designated as a contravention.

Ways to overcome criminal inadmissibility

IRCC’s page on overcoming criminal convictions, last modified on 23 July 2026, sets out four routes:

• Deemed rehabilitation. Enough time has passed that you are treated as rehabilitated without applying. Under the regulations this can apply 10 years after the sentence was completed for a single conviction outside Canada for an offence that would be indictable in Canada with a maximum of less than 10 years, and five years after the sentences were completed for two or more offences that would be summary offences in Canada. Other conditions apply.
• Individual criminal rehabilitation. You apply and show that you are rehabilitated and highly unlikely to commit further crimes. At least five years must have passed since the end of the sentence, including probation, and since the act itself. There is a processing fee, and IRCC says processing can take more than a year.
• Record suspension or discharge. A Canadian record suspension (formerly a pardon), granted by the Parole Board of Canada, means you are no longer inadmissible for that conviction. A pardon from another country has to be checked with the visa office.
• Temporary resident permit (TRP). Available where less than five years have passed since the end of the sentence, or where you have a valid reason to be in Canada. An officer weighs your need to enter or stay against any health or safety risk. A permit can be cancelled at any time.

Misrepresentation

A permanent resident or foreign national is inadmissible for directly or indirectly misrepresenting or withholding material facts that induce, or could induce, an error in the administration of the Act. The inadmissibility lasts five years. It can arise from a mistake made by someone who filled in a form for you, and from leaving out an earlier refusal, a family member or a past job. If you have received a letter raising a concern about misrepresentation, the reply has a deadline and deserves care.

Medical inadmissibility

A foreign national is inadmissible on health grounds if their condition is likely to be a danger to public health or public safety, or might reasonably be expected to cause excessive demand on health or social services. The excessive demand ground does not apply to a sponsored spouse, common-law partner or child, to refugees or to protected persons.

Admissibility hearings and removal orders

1. ReportAn officer who believes a person in Canada is inadmissible can prepare a report setting out the facts.
2. ReferralIf the report is considered well founded, the case can be referred to the Immigration Division of the Immigration and Refugee Board for an admissibility hearing. In some cases a removal order is made without a hearing.
3. HearingAn independent member hears both sides. The person concerned can respond and be represented.
4. DecisionIf the allegation is proven, a removal order is made. Depending on the person’s status and the ground, there may be an appeal to the Immigration Appeal Division or an application to the Federal Court.

See immigration and refugee appeals for the routes and time limits.

How Law Wise helps with inadmissibility

• working out whether an offence or event actually makes you inadmissible under Canadian law
• comparing a foreign offence with its Canadian equivalent
• criminal rehabilitation applications
• temporary resident permit applications
• responding to procedural fairness letters about misrepresentation or medical concerns
• representation at admissibility hearings and on appeal

You are not required to use a representative, and no representative can promise a result. Your file is handled by a Law Wise lawyer licensed by the Law Society of Ontario. Service is available in English, Urdu, Punjabi and Hindi, and, if you retain the firm, fees are explained and confirmed in writing before work starts.

Common questions about inadmissibility

This page is general legal information, current as of 10 October 2026. Immigration programs and instructions change often, so confirm the current rules on the Immigration, Refugees and Citizenship Canada (IRCC) website. This page is not legal advice and does not create a lawyer-client relationship. For advice about your situation, please speak with a lawyer.