Citizenship and Immigration Canada
www.cic.gc.ca
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Rehabilitation for persons who are inadmissible to Canada because of past criminal activity (IMM 5312)
Determining inadmissibility
Are you inadmissible because of past criminal activity?
In general, temporary residents and applicants applying for permanent residence are considered to be criminally inadmissible if the person:
- was convicted of an offence in Canada;
- was convicted of an offence outside of Canada that is considered a crime in Canada; and/or
- committed an act outside of Canada that is considered a crime under the laws of the country where it occurred and would be punishable under Canadian law.
Note: In order to determine inadmissibility, foreign convictions and laws are equated to Canadian law as if they had occurred in Canada.
Have you been charged, discharged or pardoned?
If you have been charged, discharged or pardoned, this chart will help you determine if you are inadmissible:
| Outcome of Charges/Convictions | Offence Occurred In Canada | Offence Occurred Outside Canada |
|---|---|---|
| Charges Withdrawn or Dismissed | You are not inadmissible. | You may be inadmissible.* |
| Absolute or Conditional Discharge | You are not inadmissible. | You may be inadmissible.* |
| Pardon Granted | If pardoned under the Criminal Records Act in Canada, you are not inadmissible. | You may be inadmissible.* |
*You must provide an officer with complete details of charges, convictions, court dispositions, pardons, photocopies of applicable sections of foreign law(s), and court proceedings to allow the officer to determine whether or not you are inadmissible to Canada.
Were you convicted as a juvenile?
In Canada, a young offender is someone who is 12 years of age or older but less than 18 years of age.
You are not inadmissible if:
- you were convicted in Canada under the Young Offenders Act or the Youth Criminal Justice Act, unless you received an adult sentence,
- you were treated as a young offender in a country which has special provisions for young offenders, or
- you were convicted in a country which does not have special provisions for young offenders but the circumstances of your conviction are such that you would not have received an adult sentence in Canada.
You are inadmissible if:
- you were convicted in adult court in a country that has special provisions for young offenders.
- you were convicted in a country which does not have special provisions for young offenders but the circumstances of your conviction are such that you would have been treated as an adult in Canada
