IRCC cannot grant
citizenship (or let you take the oath) if you are prohibited under the
Citizenship Act. The prohibition must be cleared when you apply and
throughout processing.
The practical rule
- Charges pending / trial / appeal ongoing: wait until the matter is fully finished.
- Probation / parole / jail (Canada): wait until every part of the sentence is
finished.
- Indictable conviction in Canada: wait until you are outside the 4-year
prohibition window, and you must also remain conviction-free during
processing.
- Record suspension (pardon): may help in some situations, but it is not
automatic and depends on the legal category and timing.
1) If you are charged, on
trial, or in an appeal
How to resolve: the criminal file must be completed
(withdrawn/stayed, acquitted, or convicted and any appeal finished).
When you can apply: only after you are no longer charged / on trial /
in an appeal for the relevant offence.
What to keep: final court disposition, proof no appeal is
outstanding, and any court orders.
2) If you are in jail, on
parole, or on probation in Canada
How to resolve: complete the entire sentence and conditions
(including probation and parole).
When you can apply: once you are no longer serving imprisonment,
on parole, or on probation.
What to keep: proof of completion (parole/probation end letter,
certificate of discharge, court documentation).
3) If you have an
indictable conviction in Canada: the “4-year rule”
If you were convicted of an indictable
offence in Canada (or an offence under the Citizenship Act), the
Citizenship Act prohibits citizenship if the conviction occurred in the 4
years immediately before you apply, and also during the period from
application to grant/oath.
So, “how long do I wait?”
- Count 4 years from the date of conviction (not from the charge date).
- Also ensure there is no conviction during
processing.
Important: even if probation
ends earlier, the 4-year conviction rule may still prevent you from applying
until the 4 years have passed.
4) Convictions outside
Canada (equivalent to indictable in Canada)
IRCC/Canada assesses whether
the foreign offence would be equivalent to an indictable offence in Canada.
If it is, similar prohibition concepts may apply, and “equivalency” can be
complex.
Because foreign offences and
dispositions vary widely, legal advice is strongly recommended before applying.
5) Record suspensions
(pardons): what they do and when they can help
A record suspension (formerly “pardon”) is decided by the Parole Board of Canada and,
generally, separates the record from other criminal records in federal systems
like CPIC.
Key points:
- You can only apply for a record suspension after
completing all parts of your sentence, including fines, surcharges,
restitution, and probation.
- The Citizenship Act’s conviction-based
prohibition is written as “subject to the Criminal Records Act” in
s.22(2), which is why record suspensions may matter in some cases.
Caution: a record suspension is not a “shortcut” around every
citizenship problem. If you have pending charges, probation, parole, imprisonment, or a current prohibition period still running, you may
still be blocked.
6) Misrepresentation and
revocation prohibitions (timed bars)
IRCC’s citizenship guidance
notes:
- A citizenship application refused for misrepresentation
in the past 5 years can block a new grant.¹
- Citizenship revoked because of fraud in the
past 10 years can also block a new grant.¹
The detailed statutory language is in Citizenship Act s.22.
Simple timing examples
(general guidance)
- Charged today: you must wait until the charge is finished
(withdrawn/stayed/acquittal/conviction + appeal complete).
- Probation ends June 1, 2026: you must wait until after June 1, 2026 to apply
(assuming no other prohibition).
- Indictable conviction on June 1, 2024: you generally should not apply until after June
1, 2028, and you must remain conviction-free during processing.
- Seeking a record suspension: you generally cannot apply until after your
sentence is fully completed, then follow Parole Board eligibility/waiting
rules.
These examples are general individual
facts can change the analysis.
If any of these issues
apply to you
- **Do not apply until the prohibition is
cleared.
- Collect proof: court disposition, probation/parole completion, and any appeal
documentation.
- Plan your timing around the 4-year conviction rule (if
applicable).
- If something changes while IRCC is processing, notify
IRCC immediately.
Contact us
A&M Canadian Immigration Law Corporation can review your specific situation (charges, probation/parole, convictions,
foreign offences, record suspension questions) and confirm when you can safely
apply for citizenship.
