What does “serious criminality” mean for Canadian inadmissibility?
Short answer: Under section 36(1) of the Immigration and Refugee Protection Act, you are inadmissible for serious criminality if convicted in Canada of an offence with a maximum sentence of at least 10 years, or sentenced in Canada to more than six months, or if a foreign conviction or act would carry a 10-year maximum in Canada.
What the law says
“having been convicted in Canada of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years, or of an offence under an Act of Parliament for which a term of imprisonment of more than six months has been imposed”
The three serious-criminality tests.
“an offence that may be prosecuted either summarily or by way of indictment is deemed to be an indictable offence, even if it has been prosecuted summarily”
Hybrid offences are treated as indictable, even if prosecuted summarily.
“may not be based on a conviction in respect of which a record suspension has been ordered and has not been revoked”
A Canadian record suspension in effect, or an acquittal, removes the conviction as a basis.
“satisfies the Minister that they have been rehabilitated or who is a member of a prescribed class that is deemed to have been rehabilitated”
Rehabilitation for foreign convictions and acts.
“the prescribed period is five years”
You can apply for rehabilitation five years after completing the sentence (or committing the act).
“the offence is punishable in Canada by a maximum term of imprisonment of less than 10 years”
Deemed rehabilitation exists only for less serious foreign matters (offences with a Canadian maximum under 10 years), after 10 years.
“has been found to be inadmissible on grounds of security, violating human or international rights, sanctions, serious criminality or organized criminality”
No appeal to the Immigration Appeal Division for serious criminality…
“serious criminality must be with respect to a crime that was punished in Canada by a term of imprisonment of at least six months”
…where the crime was punished in Canada by at least six months, or is a foreign matter under s 36(1)(b)–(c).
The three tests
In Canada: a conviction for an offence punishable by a maximum of at least 10 years, or any federal offence where more than six months of imprisonment was imposed (IRPA s 36(1)(a)).
Outside Canada: a conviction, or an act committed, that would be an offence in Canada punishable by a maximum of at least 10 years (IRPA s 36(1)(b)–(c)). What matters is the Canadian equivalent offence, not the foreign sentence.
Hybrid offences — those Canada can prosecute either way — count as indictable even if prosecuted summarily (IRPA s 36(3)(a)), so the maximum penalty for the indictable route is the one that matters.
Criminality vs serious criminality
Less serious matters fall under “criminality” in s 36(2), which applies only to foreign nationals, not permanent residents. Serious criminality applies to both.
Ways past it
For a Canadian conviction, a record suspension in effect means it can’t be used (IRPA s 36(3)(b)). The Criminal Records Act sets waiting periods before you can apply.
For a foreign conviction or act, you can apply for rehabilitation five years after the sentence ends (IRPR s 17). Deemed rehabilitation under IRPR s 18 is not available for offences that carry a 10-year maximum in Canada.
An officer may issue a temporary resident permit if your reason to come outweighs the risk (IRPA s 24(1)).
What to do next
- Get the court record, the exact offence and the sentence imposed.
- Identify the Canadian equivalent offence and its maximum penalty.
- Check whether a record suspension (Canada) or rehabilitation (foreign) is available, and when.
- Get advice from a licensed RCIC or lawyer before any application — the equivalence analysis is technical.
Frequently asked questions
Does a DUI make you inadmissible to Canada?
It can. Inadmissibility depends on the Canadian equivalent offence’s maximum penalty; a hybrid offence counts as indictable (IRPA s 36(3)(a)). Check the current Criminal Code penalty with a professional.
Can a permanent resident appeal a serious-criminality removal order?
Not if the crime was punished in Canada by at least six months of imprisonment, or is a foreign matter under s 36(1)(b)–(c) (IRPA s 64(1)–(2)).
Am I deemed rehabilitated after 10 years?
Only for one foreign offence with a Canadian maximum under 10 years, among other conditions (IRPR s 18(2)). Serious criminality is not covered.
Related streams
- Inadmissibility and record suspensions Check IRCC
The grounds that make someone inadmissible, and how rehabilitation or a record suspension can help.
- Visitor visa and eTA Check IRCC
Which document a visitor needs — a temporary resident visa or an electronic travel authorization.