Inadmissibility and record suspensions
Not a program with an intake; the law below applies to every application. Last looked at November 9, 2026: IRCC’s page.
Inadmissibility means the law bars someone from entering or staying in Canada — for example for criminality, misrepresentation, health, security or not complying with the Act. It applies to visitors, students, workers, permanent residents and applicants. Rehabilitation, deemed rehabilitation, a record suspension or a temporary resident permit can sometimes overcome it.
Who is eligible
- Grounds include security (s 34), human or international rights violations (s 35), serious criminality and criminality (s 36), organized criminality (s 37), health (s 38), misrepresentation (s 40) and non-compliance (s 41) of the IRPA.
- A Canadian conviction with a record suspension in effect can’t ground inadmissibility (IRPA s 36(3)(b)).
- For foreign convictions and acts, rehabilitation (on application after five years, IRPR s 17) or deemed rehabilitation (IRPR s 18) can remove the bar (IRPA s 36(3)(c)).
- An officer may issue a temporary resident permit to an inadmissible person if justified in the circumstances (IRPA s 24(1)).
Steps
- Identify the ground and the provision.
- Check whether deemed rehabilitation applies or apply for rehabilitation.
- For Canadian records, check record suspension eligibility with the Parole Board.
- If you need to travel before that, consider a temporary resident permit.
Documents you’ll usually need
- Court records and proof sentences were completed.
- Police certificates.
- Evidence of rehabilitation.
What the law says
“may not be based on a conviction in respect of which a record suspension has been ordered and has not been revoked”
Record suspensions.
“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 and deemed rehabilitation for foreign matters.
“the prescribed period is five years”
Five years after the sentence before applying for rehabilitation.
“becomes a temporary resident if an officer is of the opinion that it is justified in the circumstances and issues a temporary resident permit”
Temporary resident permits.
“a person is ineligible to apply for a record suspension until the following period has elapsed”
Waiting periods before applying for a record suspension: 10 years (indictment) or five years (summary).
Official IRCC pages
Program rules not written in the statute, plus current fees and processing times, are on IRCC’s own pages:
- Parole Board of Canada: record suspensions
- IRCC: immigrate to Canada (all programs, with paused/closed list)
Common mistakes
- Not declaring an old or minor conviction — that can add misrepresentation (five years) on top.
- Assuming a foreign pardon is the same as Canadian rehabilitation.
Frequently asked questions
Can a record suspension fix inadmissibility?
For Canadian convictions, yes: a conviction with a record suspension in effect can’t be the basis of inadmissibility (IRPA s 36(3)(b)).
Questions answered in depth
- How long are you banned from Canada for misrepresentation — and what the Act actually says
Five years, under IRPA s 40(2)(a). When the five years start, what counts as misrepresentation, the innocent-mistake exception, and what to do next.
- What “serious criminality” means for Canadian inadmissibility
IRPA s 36(1): the 10-year maximum and six-month sentence tests, how foreign convictions are compared, rehabilitation, record suspensions and appeal rights.
Related streams
- Visitor visa and eTA Check IRCC
Which document a visitor needs — a temporary resident visa or an electronic travel authorization.
- PR card renewal and the residency obligation Check IRCC
The 730-day rule, renewing a PR card, and travel documents for PRs abroad.
- Humanitarian and compassionate (H&C) applications Check IRCC
Asking the Minister for permanent residence or an exemption on humanitarian grounds.
- Refugee claims in Canada Check IRCC
Who is a refugee or person in need of protection, how a claim is made, and when it is ineligible.