Canadian inadmissibility is based on Canadian law — not the law of the country where the conviction occurred. IRCC determines what equivalent Canadian offence the foreign conviction would constitute if it had been committed in Canada. This analysis controls everything: the wait period, the type of rehabilitation required, and whether deemed rehabilitation applies.
Why the Equivalent Offence Analysis Matters
- • The name of the foreign offence does not control — a US felony may be equivalent to a Canadian summary offence, or vice versa
- • The Canadian equivalent determines whether the offence is summary or indictable
- • The maximum sentence under the Canadian equivalent determines the wait period
- • Some foreign offences do not have a Canadian equivalent and create no inadmissibility
- • Elements of the foreign offence are compared to the closest Canadian Criminal Code provision
Practitioner note: The equivalent offence analysis is the most contested part of criminal rehabilitation. Applicants who simply describe their foreign conviction without presenting a Canadian equivalent analysis leave this critical determination to the officer — who may assess it more harshly than is legally correct. Present a reasoned legal analysis of the equivalent Canadian offence as part of every rehabilitation application.
Fees
- Non-serious criminality:$200
- Serious criminality:$1,000
- Processing time:12–18 months
- If approved:Permanent
Related Services
DUI inadmissibility rules changed in 2018. Whether your conviction triggers deemed rehabilitation or requires an individual application depends on the date of the offence and the equivalent Canadian charge.
Schedule your consultationA consultation is required for case-specific advice.