For foreign nationals, visa holders, and foreign investors seeking to visit or immigrate to Canada, past criminal history—whether in Canada or abroad—can lead to criminal inadmissibility. However, Canada’s immigration system offers a legal pathway to overcome such barriers through the Criminal Rehabilitation application process. This blog outlines who is eligible, how to apply, and what to expect from the process.
What is Criminal Rehabilitation?
Criminal rehabilitation is a legal mechanism under section 36(3)(c) of the Immigration and Refugee Protection Act (IRPA) that removes the grounds of criminal inadmissibility. It is not a pardon or forgiveness, but rather a formal recognition that an individual is unlikely to reoffend and can safely be allowed to enter or remain in Canada.
As confirmed by IRCC spokesperson Remi Lariviere, this process is designed to protect Canadian society, and each application is reviewed in detail by an experienced immigration officer.
Who Is Eligible to Apply?
You may be eligible to apply for criminal rehabilitation if:
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You committed or were convicted of a criminal offence outside Canada;
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The offence would be considered a crime in Canada;
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At least five years have passed since:
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The completion of your sentence (including parole, probation, or fine payments); or
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The date of the offence (if no conviction occurred).
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You are deemed rehabilitated—meaning you may not need to apply—if ten years have passed since your sentence ended and the offence would be punishable in Canada by a term of less than 10 years.
If the offence occurred within Canada, you must first obtain a Record Suspension (formerly called a pardon) through the Parole Board of Canada before applying for rehabilitation.
Types of Inadmissibility
| Type | Eligibility for Rehabilitation |
|---|---|
| One indictable offence punishable by <10 years | Apply after 5 years; deemed rehabilitated after 10 years |
| Two or more summary offences | Deemed rehabilitated after 5 years |
| Serious criminality (10+ year sentence) | Apply after 5 years; cannot be deemed rehabilitated |
For applicants with both foreign and Canadian convictions, a Record Suspension is required before applying for rehabilitation, except in limited cases with only one summary conviction in Canada.
How to Apply for Criminal Rehabilitation
Step 1: Gather Documentation
Submit:
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Completed Application for Criminal Rehabilitation [IMM 1444]
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Document Checklist [IMM 5507]
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Supporting documents: court records, foreign laws, sentencing details, and evidence of rehabilitation
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If applicable, Use of a Representative [IMM 5476]
Step 2: Pay Processing Fees
Fees (as of 2025):
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$239.75 CAD for general criminality
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$1,199.00 CAD for serious criminality
Fees are non-refundable even if the application is refused.
Step 3: Submit Your Application
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Within Canada: Mail to the appropriate Immigration Centre.
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Outside Canada: Submit to the Canadian visa office serving your country. You may submit with a visitor visa or study/work permit application.
Step 4: Wait for Processing
Applications can take over a year to process. The IRCC considers:
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Number and seriousness of offences
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Time since the offence
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Behaviour since the offence
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Evidence of rehabilitation and community support
Final Considerations
Even if rehabilitation is approved, applicants must still meet all other entry or immigration requirements. A successful application does not guarantee entry—it removes just one legal barrier.
To ensure accuracy, all applicants should consult the official IRCC criminal rehabilitation guide or speak with a qualified immigration lawyer.
Need legal support with your Criminal Rehabilitation application?
At Visaserve Immigration Law P.C., our legal team, led by Gagan Mundra, Barrister & Solicitor, provides personalized assistance to help you overcome criminal inadmissibility and build a new future in Canada.
