Criminal inadmissibility to Canada: DUI, rehabilitation and TRPs
A criminal record, including a single impaired-driving conviction, can make a person inadmissible to Canada for any purpose: a visit, a work permit, a study permit or permanent residence. It is also one of the most fixable problems in immigration law if approached early. This guide explains how criminal inadmissibility is assessed, what deemed rehabilitation and criminal rehabilitation are, and when a temporary resident permit is the answer.
Key takeaways
Criminal inadmissibility is assessed by equivalence to Canadian law. DUI committed since December 2018 is serious criminality with no deemed rehabilitation. Deemed rehabilitation applies to a single lesser offence after 10 years; criminal rehabilitation can be applied for after 5 years; a TRP covers a specific need in the meantime. Always disclose.
- The test is equivalence: what the foreign offence would be under Canadian federal law.
- Serious criminality (10-year maximum in Canada, or a Canadian sentence over six months) includes DUI since December 2018.
- Deemed rehabilitation: automatic after 10 years, one lesser offence only, not for DUI post-2018.
- Criminal rehabilitation: apply 5 years after the full sentence; approval is permanent.
- TRP: discretionary permission for a specific purpose when the need outweighs the risk.
How criminal inadmissibility works
Section 36 of the Immigration and Refugee Protection Act sets out two levels. Serious criminality, section 36(1), covers a conviction in Canada for an offence with a maximum sentence of at least 10 years or an actual sentence of more than six months, and a conviction or act outside Canada that would be such an offence here. Criminality, section 36(2), covers an indictable offence, or two or more summary offences from separate events, again assessed by what the conduct would be in Canada. Both apply to foreign nationals; permanent residents are inadmissible only for serious criminality, which our guide to what crimes can get you deported covers.
The key word is equivalence. An officer does not ask what your country called the offence or how it punished you. They ask what the same facts would be under the Canadian Criminal Code or another federal statute, and what Canada's maximum penalty is. A US misdemeanour, a UK summary conviction and an Australian fine can all equate to a Canadian indictable offence. Conversely, some foreign offences have no Canadian equivalent at all and create no inadmissibility.
DUI and impaired driving: why it changed in 2018
One DUI can be enough
Common offences and how Canada treats them
| Foreign offence (typical) | Canadian equivalent | Level | Route back in |
|---|---|---|---|
| DUI / DWI / drink driving (on or after 18 Dec 2018) | Operation while impaired, Criminal Code s.320.14 | Serious criminality | Criminal rehabilitation after 5 years; TRP before that |
| DUI before 18 Dec 2018, single offence | Impaired driving (old maximum 5 years) | Criminality | Deemed rehabilitation after 10 years; rehabilitation after 5 |
| Simple possession of cannabis (small amount) | Legal in Canada since October 2018 for adults | Usually none | Assessment; often no inadmissibility |
| Possession of other controlled drugs | Possession, CDSA s.4 | Criminality (varies by substance) | Deemed or applied rehabilitation |
| Theft, shoplifting under $5,000 | Theft under $5,000 | Criminality | Deemed after 10 years, single offence; rehabilitation after 5 |
| Assault (simple) | Assault, s.266 (max 5 years) | Criminality | Deemed or applied rehabilitation |
| Assault causing bodily harm, domestic assault with injury | Assault causing bodily harm, s.267 (max 10 years) | Serious criminality | Criminal rehabilitation only |
| Fraud, over the equivalent of $5,000 | Fraud over $5,000 (max 14 years) | Serious criminality | Criminal rehabilitation only |
| Reckless or dangerous driving | Dangerous operation, s.320.13 (max 10 years) | Serious criminality | Criminal rehabilitation only |
| Driving while suspended | Varies; may be provincial only | Often none | Assessment |
| Two minor summary offences, separate events | Two summary convictions | Criminality | Not deemed; rehabilitation after 5 years |
Deemed rehabilitation: when time alone cures it
You may be deemed rehabilitated without applying if all of the following are true: you have only one conviction or act that creates criminality (not serious criminality); at least 10 years have passed since you completed the entire sentence, including probation, licence suspension, fines and any conditions; the offence would carry a maximum of less than 10 years in Canada; and you have committed no other offences. Deemed rehabilitation is a legal status, not a document, so you must be able to prove the dates at the border with court records showing the sentence and its completion. Border officers can and do refuse travellers who cannot prove it on the day. If you are close to the line, an assessment before you travel is cheaper than being turned around.
Criminal rehabilitation: the application
Anyone whose sentence was fully completed at least five years ago can apply to IRCC to be declared rehabilitated. Approval is permanent for the offences covered; you never have to address them again for Canadian purposes. It is the right tool for anyone with serious criminality, more than one offence, or a post-2018 DUI, and for anyone who expects to travel to Canada repeatedly or apply for status.
- 01
Gather the court record for every offence
The charging document, the judgment, the sentence, and proof of completion: fines paid, probation ended, licence restored. Missing records are the main cause of delay.
- 02
Obtain police certificates
From every country where you lived six months or more since age 18, plus the country of the offence, all within the last three months at filing.
- 03
Establish the Canadian equivalent
Identify the Criminal Code or federal provision each offence corresponds to and its maximum penalty. This determines the fee: $229.77 for criminality, $1,199 for serious criminality.
- 04
Show rehabilitation, not just time
Employment history, family, community involvement, treatment or courses completed, reference letters, and a personal statement that takes responsibility and explains what changed. Officers look for a stable life and low risk of reoffending.
- 05
File and wait
Applications go to the visa office responsible for your country or, for some applicants, a Canadian office. Processing runs many months to over a year. Do not travel expecting entry while it is pending; use a TRP if you must.
- 06
Keep the approval letter
It is the document you show at every future border crossing and attach to every future application.
Temporary resident permits: entry despite inadmissibility
A temporary resident permit (TRP) under section 24 of IRPA lets an officer admit an inadmissible person when the reason for entry outweighs the risk to Canada. It is discretionary, time-limited and purpose-specific: a work assignment, a family event, a medical appointment, a business trip. It is used when rehabilitation is not yet available because five years have not passed, when a rehabilitation application is pending, or when there is no time. The fee is $239.75. Applicants who need a visa apply at a consulate; visa-exempt nationals, including Americans, can apply at a port of entry, but a refusal there is a public refusal on your record, and officers at the border have less time and less patience than a visa office. A TRP can be issued for a single entry or up to three years, and a series of TRPs does not turn into permanent status.
Inadmissibility and immigration applications
Every application to IRCC asks about charges and convictions, and every applicant and accompanying family member is checked. An undisclosed conviction is discovered through police certificates and biometrics, and the result is a refusal for misrepresentation with a five-year ban, on top of the underlying inadmissibility. Disclosed and addressed, a record is a problem with a process; concealed, it is a problem with no process. If IRCC identifies a possible inadmissibility during processing, it sends a procedural fairness letter inviting a response; that letter is the moment to present rehabilitation evidence or an equivalence argument, and the deadline in it is firm. Where a file has already been refused, the GCMS notes show exactly which offence and which provision the officer relied on.
Special situations
- Charges without a conviction. Pending charges can still lead to a finding that you committed the act, and officers may defer a decision until the case concludes. Acquittals and withdrawn charges generally do not create inadmissibility, but be ready to prove the outcome.
- Young offenders. Convictions under youth justice legislation abroad are usually not counted if the equivalent Canadian treatment would have been under the Youth Criminal Justice Act.
- Pardons and expungements. Assessed for equivalence to a Canadian record suspension; some are recognised, many are not. A Canadian record suspension does end inadmissibility for the offence.
- Cannabis. Simple possession is legal for adults in Canada, so most foreign simple-possession convictions no longer create inadmissibility. Trafficking and possession for the purpose do.
- Permanent residents. Only serious criminality makes a PR inadmissible, and the consequences run through a removal-order process rather than a border refusal. That process, and any appeal to the Immigration Appeal Division, is outside RCIC scope and belongs with a lawyer.
Where a consultant fits, and where a lawyer does
Assessing equivalence, preparing a criminal rehabilitation application, applying for a TRP and responding to a procedural fairness letter are squarely within the work of a Regulated Canadian Immigration Consultant, and they are the majority of criminal inadmissibility work. What we do not do, and say so up front, is represent you at an admissibility hearing before the Immigration and Refugee Board, on an appeal, or in the Federal Court; those need a lawyer, and we refer. Our comparison of an immigration consultant and a lawyer explains the line. The earlier a record is assessed, the more options there are: five years after a sentence, rehabilitation opens; before that, a TRP is the only door, and it is a narrow one.
Compliance note. Wild Mountain Immigration is a licensed RCIC practice (CICC R706497). This page describes IRPA section 36 and the rehabilitation and TRP provisions as of August 2026. Equivalence depends on the exact foreign law and facts; nothing here is a determination of admissibility or a guarantee of entry.
Frequently asked questions
Can I enter Canada with a DUI?
Not without addressing it. Since December 2018, impaired driving is a serious criminal offence in Canada, punishable by up to 10 years, so a foreign DUI conviction, including a single misdemeanour DUI in the United States, makes a person criminally inadmissible under section 36(1) of the Immigration and Refugee Protection Act. Deemed rehabilitation no longer applies to DUIs committed after that date. You need an approved criminal rehabilitation application, or a temporary resident permit for a specific trip.
What makes someone criminally inadmissible to Canada?
A conviction, or committing an act, outside Canada that would be an offence under a Canadian federal statute. Serious criminality (IRPA 36(1)) covers offences punishable in Canada by 10 years or more, or a Canadian sentence of more than six months. Criminality (36(2)) covers other indictable offences and two or more summary offences. The test is equivalence: what the foreign offence would be under Canadian law, not what the foreign country called it.
What is deemed rehabilitation?
An automatic status for people with a single conviction that falls under criminality (not serious criminality), once at least 10 years have passed since the sentence, including any probation and fines, was fully completed. No application is needed, but you must be able to prove the dates at the border. It is not available for serious criminality, for two or more convictions, or for offences committed on or after 18 December 2018 that are now serious, such as DUI.
What is criminal rehabilitation?
An application to IRCC to be declared rehabilitated, available five years after the sentence was fully completed. If approved, the conviction no longer makes you inadmissible, permanently. The fee is $229.77 for criminality and $1,199 for serious criminality, and processing takes many months to over a year. It requires court documents, police certificates, evidence of a stable life since, and a narrative showing the risk of reoffending is low.
What is a temporary resident permit (TRP)?
A discretionary permit that lets an inadmissible person enter or stay in Canada for a specific purpose and period when the need to be here outweighs the risk. It is used when rehabilitation is not yet available (less than five years since the sentence) or is pending. The fee is $239.75, it can be applied for at a consulate or, for some nationals, at the port of entry, and it is entirely at the officer's discretion.
Does a pardon or expungement abroad help?
Sometimes. A record suspension in Canada ends inadmissibility for that offence. A foreign pardon is assessed for its equivalence to a Canadian record suspension; some countries' expungements are recognised, others are not. A sealed or expunged US record generally still exists for Canadian purposes unless the conviction was vacated. Get the documents and have them assessed rather than assuming.
Will a criminal record stop my PR or work permit application?
An inadmissibility finding refuses any application, temporary or permanent, unless it is overcome by rehabilitation or, for temporary entry, a TRP. The same rules apply to accompanying family members. Disclose every charge and conviction on every form; non-disclosure is misrepresentation and adds a five-year ban to the underlying problem.
Can Wild Mountain Immigration help with inadmissibility?
Yes, within the scope of a Regulated Canadian Immigration Consultant: assessing whether a record actually creates inadmissibility, preparing criminal rehabilitation and TRP applications, and responding to procedural fairness letters. We do not appear before the Immigration and Refugee Board or the Federal Court; if a matter reaches an admissibility hearing or judicial review, we refer you to counsel.
Not sure whether your record is a problem for Canada?
A licensed RCIC assesses the Canadian equivalent, the dates and the options, before you apply for anything or book a flight.