Last updated: April 2026
Criminal inadmissibility can be a total bar to entering Canada. Whether it’s a DUI from ten years ago or a more recent offense, the 2026 rules require precise legal categorization. SiLaw’s legal experts help you overcome these barriers through 刑事康复 or Deemed Rehabilitation.
Deemed vs. 刑事康复
- Deemed Rehabilitation: If enough time has passed (usually 10 years) since the completion of your sentence for a single non-serious offense, you may be considered rehabilitated by the passage of time.
- 刑事康复: For serious offenses or if less time has passed (at least 5 years), you must formally apply to the Canadian government to prove you are no longer a risk.
The Impact of “Serious Criminality”
In 2026, many offenses (like DUI/DWI) are considered “Serious Criminality” in Canada, meaning they carry a maximum potential sentence of 10 years or more. This prevents you from ever being “deemed” rehabilitated; a formal application is mandatory regardless of how much time has passed.
FAQ
1. Can I enter Canada with a DUI? Generally no, unless you have been rehabilitated. A DUI is serious criminality in Canada.
2. How long does the application take? 6 to 12 months on average.
3. What is the processing fee? It varies from $200 to $1,000 CAD depending on the severity of the offense.
4. Do I need a lawyer? While not mandatory, the legal definitions of “equivalence” between foreign and Canadian law are complex and often result in rejection if handled incorrectly.
5. What is a TRP? A Temporary Resident Permit is a short-term solution for those who haven’t met the 5-year wait for rehabilitation but have a compelling reason to enter Canada.
