- Canada assesses the equivalent Canadian offence, not the label the offence carried abroad.
- An impaired driving conviction is treated seriously and surprises people constantly.
- Deemed rehabilitation, criminal rehabilitation and a temporary resident permit are different things.
- A discharge or a pardon abroad does not automatically resolve Canadian inadmissibility.
- Attempting entry without addressing it usually produces a refusal that then sits on your record.
How the assessment works
Inadmissibility for criminality is assessed by asking what the foreign offence would amount to under Canadian law. The name of the offence in the country where it occurred matters far less than what the conduct would be called here, and the maximum penalty attached to the Canadian equivalent is often decisive.
This is why people are caught out. An offence treated as minor at home, sometimes not even recorded as criminal, can correspond to a Canadian offence carrying a substantial maximum sentence. The classic example is impaired driving, which Canada treats as serious criminality.
The assessment looks at the conviction, the sentence imposed, and how much time has passed since the sentence was completed.
The three routes
Deemed rehabilitation may apply automatically where enough time has passed since the sentence was completed and the offence and the record meet certain conditions. Where it applies, no application is needed, but whether it applies is a legal question rather than a matter of counting years.
Criminal rehabilitation is an application, available after a defined period, which if granted resolves the inadmissibility permanently. It is the durable answer where deemed rehabilitation is unavailable.
A temporary resident permit is a discretionary permission to enter despite being inadmissible, for a specific purpose and a limited period. It is the answer where the trip is urgent and the permanent route is not yet available, and it does not resolve the underlying inadmissibility.
What does not help
A pardon, expungement or discharge granted abroad does not automatically resolve Canadian inadmissibility. Canada makes its own assessment, and while foreign relief can be relevant it is not determinative.
Nor does time alone, without the conditions being met. People often assume that an old enough conviction stops mattering. It stops mattering when the legal test is satisfied, which depends on the offence and the sentence as well as the years.
Presenting at a border and hoping the question is not asked is the worst available option. A refusal at a port of entry creates a record, and it makes the next attempt harder.
What to bring
Court records showing the charge, the outcome and the sentence. Police certificates from the countries where you have lived. Evidence of what you have done since, including employment and community involvement, which matters for rehabilitation applications.
Bring the unflattering documents too. Whatever exists on the record will be found, and an application that omits something an officer then discovers moves the conversation from criminality to credibility.
These files reward being started early. Records take months to obtain from some jurisdictions, and applications take longer still.
Will an impaired driving conviction keep me out of Canada?
It can. Canada treats impaired driving as serious criminality, and a conviction abroad is assessed by reference to the equivalent Canadian offence rather than its treatment at home.
Does a pardon in my country resolve it?
Not automatically. Canada makes its own assessment. Foreign relief can be relevant evidence but it is not determinative.
What is the difference between rehabilitation and a temporary resident permit?
Rehabilitation resolves the inadmissibility. A temporary resident permit is discretionary permission to enter despite it, for a specific purpose and period, leaving the underlying inadmissibility in place.
Can I just try entering and see what happens?
That is the least advisable option. A refusal at a port of entry creates a record and makes subsequent attempts harder.
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