Inadmissibility to Canada: Criminal Records, DUIs, Medical Issues and Misrepresentation

Canada's Immigration and Refugee Protection Act (IRPA) lists reasons a foreign national, and in some cases a permanent resident, can be refused entry to Canada or removed from Canada. A person who falls under one of these reasons is inadmissible.

Inadmissibility can affect any application: a visitor visa, an eTA, a study or work permit, permanent residence, or entry at the border. Officers can check criminal and immigration records from many countries, and they ask about your history on every application.

The main grounds are:

Canada looks at what your offense would be under Canadian law, not just the name of the offense in the country where it happened. An officer compares the foreign law with the closest Canadian offense. This matters because something minor in one country can be serious in Canada, and the reverse.

Impaired driving (DUI, DWI, and similar). Canada raised the maximum penalty for impaired driving in December 2018. Since December 18, 2018, impaired driving is serious criminality. That means:

• A single DUI conviction can make you inadmissible
• Convictions for impaired driving after that date generally don't qualify for deemed rehabilitation
• You usually need individual rehabilitation or a TRP to enter

Convictions from before December 18, 2018 are assessed under the law at that time, which can give different results. The rules are technical, so get your full court records and advice before you travel.

Canada treats pending charges seriously too. A person with an open charge may be inadmissible until the case is decided.

A conviction that has been pardoned, sealed, or expunged at home may still count in Canada. Don't assume it has disappeared. Disclose it and get advice.

You can be medically inadmissible if your condition:

• Is likely to be a danger to public health, such as untreated active tuberculosis
• Is likely to be a danger to public safety
• Might reasonably cause excessive demand on health or social services, meaning the expected cost is above a threshold set by Immigration, Refugees and Citizenship Canada (IRCC)

The excessive demand rule does not apply to refugees and protected persons, or to spouses, partners, and dependent children sponsored by a Canadian citizen or permanent resident. If IRCC is concerned, it sends a procedural fairness letter and gives you a chance to respond, for example with a plan to cover costs. See our medical exam guide.

Misrepresentation means giving false information or hiding a material fact that could affect a decision. Examples include fake documents, undisclosed refusals from other countries, hidden criminal records, fake job letters, and false relationship claims.

The penalty is usually a 5-year ban from applying for permanent residence and being inadmissible to Canada. It can apply even if someone else, such as an agent, filled in the form for you. Always read your application before you sign it, and never let anyone add information you know is false. See our guide to immigration scams.

1. Get your records. Court records, sentencing documents, and police certificates for every country you lived in.
2. Don't guess. Canadian equivalence is technical. Talk to a lawyer or a licensed consultant (RCIC) before you apply or travel. Check their license first: see how to verify a lawyer or consultant.
3. Disclose everything. Hiding a record turns a solvable problem into a 5-year ban.
4. Plan ahead. Rehabilitation applications can take many months. A TRP may be an option for urgent travel.
5. If refused, read the reasons and your file notes before you try again. See refusals and GCMS notes.