Citizenship blocked by a criminal charge, probation or a recent conviction: the prohibitions, how long they last, and what to do

By Sundeep S. Grewal, lawyer at Lawgical Law Corporation · Reviewed November 10, 2026

Published November 11, 2026

Sundeep S. Grewal is a lawyer at Lawgical Law Corporation, called to the BC bar in 2018, and a member of the Law Society of British Columbia.

Updated November 10, 2026: sections 21, 22 and 22.1 of the Citizenship Act, section 34 of the Interpretation Act and IRCC’s citizenship fees (modified September 21, 2026) checked that day.

If you are a permanent resident with a pending criminal charge, on probation or parole, or with a recent conviction, you may be prohibited from becoming a Canadian citizen for now. Section 22 of the Citizenship Act says a person “shall not be granted citizenship” or take the oath while charged with an indictable offence, while on probation or parole or in jail, or within four years after a conviction for an indictable offence. These are prohibitions, not permanent bars: most end when the charge is resolved or the time passes. The practical questions are when yours ends, and whether to wait before applying.

Lawgical Law Corporation, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, advises permanent residents with criminal history on citizenship and takes citizenship refusals to the Federal Court; this guide is by Sundeep S. Grewal.

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When are you prohibited?

• Probation, parole or jail (section 22(1)(a)): while you are subject to a probation order, are a paroled inmate, or are in custody.
• A pending charge in Canada (section 22(1)(b)): while you are “charged with, on trial for, subject to or a party to an appeal relating to” an indictable offence.
• A pending charge abroad (section 22(1)(b.1)): the same, for an offence outside Canada that would be indictable here. The Minister can waive this one “on compassionate grounds” under section 22(1.1).
• A recent conviction (section 22(2)(a)): a conviction for an indictable offence “during the four-year period immediately before the date of the person’s application”, or while the application is in process.
• Misrepresentation (section 22(1)(e.1) and (e.2)): misrepresenting or withholding material circumstances, which brings a five-year prohibition.

Why this needs a lawyer

One lawyer, one file, every step:

• working out when each prohibition ends, and your physical presence once probation time is removed;
• complete, accurate answers about charges and convictions on the application;
• deciding whether to wait, withdraw or keep an application open;
• judicial review within 30 days if IRCC refuses.

Immigration lawyers are members of a provincial law society (in our case, the Law Society of British Columbia), and only lawyers can appear for you in the Federal Court.

Does probation affect my days?

Usually. Under section 21, “no period may be counted as a period of physical presence” while you were on probation, on parole or serving a term of imprisonment. So even after the probation ends, you may need more time in Canada to reach the 1,095 days.

A conditional discharge is the exception for the day count. It always comes with a probation order, so you cannot be granted citizenship or take the oath until the probation ends. But IRCC’s eligibility page says time on probation from a conditional discharge “may count towards physical presence” if the probation “was completed successfully”, meaning with no breach. And because a discharge is not a conviction, it does not start the four-year conviction bar.

What are my options?

1. Wait until the prohibition ends, then apply with your days counted correctly.
2. If you have already applied, tell IRCC about any new charge or conviction, and get advice on whether to keep the application open.
3. For a charge abroad, ask the Minister for a waiver on compassionate grounds where the facts support it.
4. Judicial review within 30 days if IRCC refuses and got the law or the dates wrong.
5. Later, a record suspension, since section 22(2) is “subject to the Criminal Records Act”.

Citizenship prohibitions at a glance

Worked example: the probation order

Example. A permanent resident in Abbotsford received a conditional discharge with 12 months’ probation, ending on Monday, March 1, 2027. He completes it with no breach. His probation days can count toward his 1,095 days, and a discharge does not start the four-year conviction bar. He applies after March 1, 2027, answers every question about the charge in full, and attaches the court record showing the discharge and the end of probation.

Mistakes I have seen

• I have seen applicants answer “no” to the charges question because the charge was later stayed or ended in a discharge, instead of disclosing and explaining it.
• I have seen applicants count days spent on probation after a conviction.
• I have seen applicants apply while a charge was pending, pay the fee and wait, only to be refused.

Frequently asked questions

Does a summary conviction prohibit me?

Usually not. The four-year prohibition is for indictable offences, and under section 34(1)(c) of the Interpretation Act, a person convicted summarily of an offence that could have gone either way is not “considered to have been convicted of an indictable offence”. Unlike the immigration Act, the Citizenship Act has no rule treating these offences as indictable. Check the court record for how the Crown proceeded. Any probation or jail from the sentence still counts against you while it lasts.

My charge was withdrawn. Do I still have to mention it?

Answer the question exactly as IRCC asks it. If the form asks about past charges, disclose it and attach the court record showing how it ended.

Can a prohibition be appealed?

There is no appeal. A refusal can be challenged by judicial review in the Federal Court, with leave, within 30 days.

Related guides

See our guides on citizenship refused or delayed, a pending criminal charge and immigration and a citizenship revocation notice.

What should I do right now?

Get your court records: the charge, the outcome and the end date of any probation. Count your days, leaving out any probation, parole or jail time that does not count. Don’t apply, or answer IRCC, until you know exactly when your prohibition ends.

Book a consultation with our immigration lawyers in Surrey, Abbotsford or Vancouver, or online from anywhere.

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Sources (official)

• Citizenship Act, s. 22 (current to October 19, 2026), s. 21 and s. 22.1
• IRCC: Fee list (modified September 21, 2026)
• IRCC: Check if you are eligible to apply for citizenship (modified September 11, 2025)
• Interpretation Act, s. 34

This article is general information, not legal advice. Every case depends on its own facts.