Citizenship With a Criminal Record: When Canada Can Refuse an Application

The short answer

There is no single yes or no. IRCC says most prohibitions are due to criminal and security reasons, inside and outside Canada, and that some last only for a set period. Its advice is to wait until the situation no longer affects your eligibility before you apply. Whether a past conviction blocks you depends on its kind, its date and the sentence, so the same word "record" can lead to different answers.

Where the rules come from

The rules are in section 22 of the Citizenship Act, titled Prohibition, which says that in these situations citizenship cannot be granted and the oath cannot be taken. The Justice Laws website showed the Act as current to September 30, 2026 and last amended on December 15, 2025 when we checked on October 21, 2026. IRCC explains the same list on its page about situations that may prevent you from becoming a citizen. Laws change, so always read the current text.

Situations that IRCC lists

In our own summary, IRCC lists these situations:

• serving a prison sentence in Canada, being on parole or probation in Canada, or serving a sentence abroad
• being charged with, on trial for, or involved in an appeal for an offence under the Citizenship Act or an indictable offence in Canada, or for an offence outside Canada that would be an indictable offence in Canada
• being under a removal order
• being investigated for, charged with, on trial for, in an appeal for, or convicted of a war crime or a crime against humanity
• having had a citizenship application refused for misrepresentation in the past 5 years
• having had citizenship revoked for fraud in the past 10 years
• a conviction in Canada for an indictable offence or an offence under the Citizenship Act in the 4 years before you apply (for applications received after June 11, 2015)
• a conviction outside Canada for an offence that would be an indictable offence in Canada in the 4 years before you apply, whether or not you were later pardoned or received an amnesty
• a conviction for terrorism, treason or spying offences while you were a permanent resident, or service in a foreign armed force or armed group that was in armed conflict with Canada (in the Act, these conviction rules come with sentence thresholds such as life imprisonment or at least five years)

The Act has more detail than this summary, for example about not having the return authorization that the immigration law can require. Read the Act or ask a professional for the exact wording.

How the time periods work

Several rules look back from the date you apply: 4 years for the conviction rules, 5 years for a refusal for misrepresentation and 10 years for citizenship revoked for fraud. Other rules apply for as long as the situation lasts, such as probation, parole, a prison term or a pending charge. IRCC adds that time spent in prison, on parole or on probation does not count as time in Canada, which also affects your day count. See our guide to counting physical presence.

The Act reaches further forward than that summary suggests: under section 22(2) and (3), the conviction rules apply to the 4 years before you apply and also from the date of your application until citizenship would be granted or the oath taken. The Act also gives the Minister some discretion in limited cases: section 22(1.1) allows a waiver on compassionate grounds of the rule on a charge for an offence committed abroad, and section 22(5) allows a decision that the rule in section 22(4), on certain terrorism and treason convictions and on service in a hostile armed force, does not apply in exceptional circumstances. Those are decisions for the Minister, not something to assume.

Convictions abroad

IRCC says the rule for a foreign conviction applies when the offence is equivalent to an indictable offence in Canada, within the 4 years before you apply, and even if you were pardoned or granted amnesty. IRCC also says the foreign-conviction rule applies regardless of when it receives your application. Whether a foreign offence counts as equivalent is a legal question. If you have a record from another country, get professional advice before you apply.

Wait, disclose, and tell IRCC if things change

IRCC gives three practical instructions:

• Wait until the situation no longer applies before you apply. The one exception IRCC names is citizenship revoked for fraud in the past 10 years, which can never be resumed.
• Disclose the situation in your application. IRCC reviews applications case by case.
• If a situation arises while your application is in process, contact IRCC as soon as possible. IRCC's page on what happens after you apply also lists being charged with a crime as a reason to contact it.

The documents list for adults also asks for police certificates from countries where you lived 183 or more days in a row within the past 4 years, and says IRCC may ask for one at any point in processing. If you cannot get one, there is a question in the form to explain why.

What this guide cannot tell you

IRCC's page does not discuss Canadian pardons or record suspensions, and section 22 of the Act refers to the Criminal Records Act in the conviction rules. We cannot tell you how that applies to you. Nor can we tell you whether an offence is indictable, or whether a sentence has ended. IRCC itself says that if you are unsure whether these situations apply, you can ask your lawyer or the police officer who made the arrest. This guide is not legal advice and does not replace a lawyer or a licensed immigration consultant.

Next steps

Write down dates: charges, convictions, sentences, end of probation or parole, and your planned signing date. Check the other eligibility requirements, and then talk to a professional if any date falls within the periods above. If the family includes a child, see the rules in our guide to children under 18, where IRCC also says a minor must not be under a prohibition.

Frequently asked questions

Can I become a Canadian citizen with a criminal record?

It depends on the type of offence, the dates and the sentence. IRCC says it will not approve an application while a prohibition applies and advises waiting until the situation no longer affects you.

Does probation block an application?

Yes, according to IRCC being on probation in Canada is a situation that prevents citizenship while it lasts.

Does a foreign conviction count?

IRCC says a conviction outside Canada can count if the offence is equivalent to an indictable offence in Canada and happened within the 4 years before you apply, whether or not you were later pardoned.

What if I am charged while my application is being processed?

Contact IRCC as soon as possible. IRCC lists being charged with a crime among the changes you must report.

Who can tell me if my case is affected?

A lawyer or a licensed immigration consultant. IRCC suggests asking your lawyer or the police officer who made the arrest if you are unsure.