A person who is criminally inadmissible to Canada under IRPA section 36 may be able to overcome that inadmissibility through one of two legal mechanisms: deemed rehabilitation (which occurs automatically by operation of law after the required time has passed) or individual rehabilitation (a formal application to IRCC for a determination that the person has been rehabilitated). The mechanism available depends on the nature of the offence and how much time has passed since the sentence was served.

Rehabilitation permanently removes the inadmissibility — unlike a Temporary Resident Permit (TRP), which only authorises temporary entry while the inadmissibility remains. For current guidance on rehabilitation, refer to the IRCC overcome criminal convictions page.

• IRPA, s 36 — the criminal inadmissibility grounds (s 36(1) serious criminality; s 36(2) criminality; s 36(3) deemed rehabilitation)
• IRCC: Overcome criminal convictions — canada.ca/overcome-criminal-convictions
• IRCC: Deemed rehabilitation — canada.ca/deemed-rehabilitation
• Guide 5312 — Rehabilitation for persons inadmissible due to past criminal activity — canada.ca/guide-5312

How criminal inadmissibility is assessed

Canadian immigration officers compare a foreign conviction to the closest equivalent offence under Canadian law. The inadmissibility ground depends on:

• The maximum term of imprisonment the equivalent Canadian offence carries
• The actual sentence served for the foreign conviction

Whether an offence creates inadmissibility under s 36(1) (serious criminality — max 10+ years) or s 36(2) (criminality — max under 10 years) determines which rehabilitation pathway is available. See the criminal inadmissibility page for how inadmissibility itself is assessed.

Deemed rehabilitation — automatic

Deemed rehabilitation occurs by operation of IRPA s 36(3) — no application is required. A person is deemed rehabilitated when sufficient time has passed since the sentence was served, provided they have not committed or been convicted of any further offences. The waiting periods are:

• At least 10 years after the sentence was completed: for a conviction of an offence that, if committed in Canada, would be an indictable offence punishable by a maximum term of imprisonment of less than 10 years
• At least 5 years after the sentence was completed: for a conviction of an offence that, if committed in Canada, would be a summary conviction offence only

The person must also have committed only one offence (multiple convictions generally prevent deemed rehabilitation). If the conditions for deemed rehabilitation are met, the person is no longer inadmissible and does not need to apply for anything — the inadmissibility is removed by law. A border officer may still ask the person to demonstrate that they meet the conditions.

Individual rehabilitation — formal application

Individual rehabilitation requires a formal application to IRCC using IMM 1444. The application can be made when at least 5 years have passed since the completion of the sentence (including probation, parole, or other sentencing conditions). The officer assesses:

• The nature and seriousness of the offence(s)
• The circumstances surrounding the commission of the offence(s)
• Whether the person has demonstrated rehabilitation — through conduct since the conviction, stability, and evidence of changed circumstances
• The likelihood of reoffending

Individual rehabilitation is the only pathway for:

• Convictions with a Canadian equivalent maximum term of 10 years or more (serious criminality) — these convictions are not eligible for deemed rehabilitation
• Persons with multiple convictions who do not qualify for deemed rehabilitation

For current fees for rehabilitation applications, refer to the IRCC processing times tool and the IRCC fee schedule.

DWI and impaired driving — the key issue

Impaired driving convictions are particularly significant for persons seeking to enter Canada, because DWI/DUI offences under the Canadian Criminal Code carry a maximum term of imprisonment of up to 10 years (following 2018 amendments to the Criminal Code). This means that a DWI conviction in the US or other countries may be treated as equivalent to a Canadian offence with a maximum of 10 years — making the person inadmissible under serious criminality and ineligible for deemed rehabilitation. Such persons typically need to apply for individual rehabilitation (5 years after sentence completion) or obtain a TRP for temporary entry. For the current treatment of impaired driving inadmissibility, refer to the IRCC overcome criminal convictions page.

Rehabilitation vs. TRP — the difference

A Temporary Resident Permit (TRP) allows temporary entry or stay despite the inadmissibility but does not remove it — the inadmissibility remains. Rehabilitation permanently removes the inadmissibility, meaning the person is no longer inadmissible at all and does not need a TRP or any special document. For persons who require regular access to Canada, rehabilitation is the permanent solution.

The treatment of foreign convictions under Canadian immigration law requires a careful comparison to the closest Canadian equivalent offence — this is not always straightforward and can turn on nuances in how the foreign offence is characterised. The 2018 amendments to Canada's impaired driving laws significantly increased the maximum penalties for DWI offences, changing the inadmissibility analysis for many US and other foreign convictions that occurred before or after those amendments. For current guidance on specific offence types and the applicable rehabilitation waiting period, refer to canada.ca/overcome-criminal-convictions and Guide 5312.