A Montana PFMA conviction can make you inadmissible to Canada, even if it was a first-offense misdemeanor with no jail beyond the minimum. Canada looks at what the offense would be under Canadian law, and assault there is treated as an indictable offence for immigration purposes. This matters in Western Montana, where the border is a few hours away. This page is part of our Montana Domestic Violence Guide. It summarizes Canadian statutes and regulations published by the Government of Canada. A&M Law does not practice Canadian immigration law, and for an application you should consult a Canadian immigration lawyer or licensed consultant.
How Canada Decides Criminal Inadmissibility
The rules are in section 36 of the Immigration and Refugee Protection Act (IRPA). Two tiers matter here:
- Criminality, s. 36(2)(b): a foreign national is inadmissible for "having been convicted outside Canada of an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament," or of two offences not arising out of a single occurrence.
- Serious criminality, s. 36(1)(b): a person is inadmissible for having been convicted outside Canada of an offence that, if committed in Canada, would be punishable by a maximum term of imprisonment of at least 10 years.
One more rule ties these together. "An offence that may be prosecuted either summarily or by way of indictment is deemed to be an indictable offence, even if it has been prosecuted summarily" (IRPA s. 36(3)(a)).
How an Assault Offense Is Assessed
The comparison is between the Montana offense and the Canadian Criminal Code. Under section 265, a person commits an assault by intentionally applying force to another person without consent, or by attempting or threatening by an act or gesture to apply force. Under section 266, assault is either an indictable offence with a maximum of five years or an offence punishable on summary conviction. Because it can go either way, it is deemed indictable for immigration purposes.
Section 267 covers assault with a weapon, assault causing bodily harm, and assault in which the person "chokes, suffocates or strangles the complainant." Its maximum is 10 years. An offense that Canada equates to section 267 therefore lands in serious criminality.
How a specific Montana conviction lines up is a judgment made by Canadian officials, and it is our reading, not a ruling, that a PFMA based on bodily injury most closely resembles section 266. Montana's related felonies, strangulation of a partner or family member and assault with a weapon, more closely resemble section 267.
Three Ways to Overcome Inadmissibility
| Route | When | What it is | Source |
|---|---|---|---|
| Temporary resident permit | Any time, if an officer finds entry justified in the circumstances | Discretionary, temporary, and may be cancelled at any time | IRPA s. 24(1) |
| Individual rehabilitation | 5 years after completion of the imposed sentence, with no later conviction | An application the Minister must be satisfied by. Once granted, the conviction no longer makes you inadmissible. | IRPA s. 36(3)(c); IRPR s. 17(a) |
| Deemed rehabilitation | 10 years after completion of the sentence, for a single offence with a Canadian maximum under 10 years | Applies by operation of law if every condition is met | IRPR s. 18(2)(a) |
Each route involves an application or an officer's decision, and none is guaranteed. The Government of Canada charges processing fees for permits and rehabilitation applications. Check the current amounts on its website before you apply.
The Limits of Deemed Rehabilitation
Deemed rehabilitation is the only route that requires no application, and its conditions are strict. Under section 18(2)(a) of the Immigration and Refugee Protection Regulations it covers a person convicted outside Canada of no more than one offence that would be indictable in Canada, where:
- the offence is punishable in Canada by a maximum term of imprisonment of less than 10 years;
- at least 10 years have elapsed since the day after the completion of the imposed sentence; and
- the person has no disqualifying convictions in or outside Canada, as the regulation details.
Two consequences follow. A second conviction of any kind can take you out of this category. And an offense equated to section 267, with its 10-year maximum, never qualifies, so the person must apply for individual rehabilitation.
When the Clock Starts
Both waiting periods run from completion of the imposed sentence, not from the date of arrest or conviction. The Government of Canada's guidance says at least five years must have passed since the end of your criminal sentence, and that this includes probation. So a sentence with a year of probation starts the clock a year later than one without. Paying fines and finishing the counseling requirement on time is part of completing a sentence. If you are eligible, early termination of probation may move that date.
Why This Belongs in the Criminal Case
Canadian law works from the conviction: the offense, the number of convictions, and the sentence. All three are set in the Montana case. An acquittal is protected by statute. A conviction for a different offense may compare to a different Canadian crime, or to none. If you cross the border for work, family, hunting, or fishing, say so to your defense lawyer early, and read our pages on plea agreements in PFMA cases and how long a PFMA stays on your record.
This page summarizes Canadian federal law as published by the Government of Canada and Montana law as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.