If you’re planning to visit Canada and you’re not a Canadian citizen, it’s essential to know that having a criminal record could stop you at the border. Well, Canada takes public safety seriously, and immigration officers have the authority to deny entry if they believe someone’s past offences make them inadmissible. But the good news is that you may still be able to travel to Canada if you have a criminal record.
This guide will explain how Canada determines who is criminally inadmissible and what you can do to resolve this issue if you have a record.
So, without further ado, let us begin!
What Does Criminal Inadmissibility Mean?
If you’re not a Canadian citizen, your past criminal history can make you ‘criminally inadmissible’. This means you could be refused entry into Canada at the border — even if the offence happened many years ago or you’ve served your sentence.
Canadian citizens are the only people who cannot be refused entry for criminal reasons. Everyone else — including permanent residents and visitors — must clear Canada’s criminality checks to enter the country.
Canadian border officials review every traveller’s record. A past conviction, pending charges, or even an unresolved criminal accusation can flag you as a possible risk to public safety in Canada.
How Canada Evaluates Criminal Records?
Whether your record makes you inadmissible depends on how the offence translates under Canadian law. For a crime to make you inadmissible, it must be a crime in the country where it happened and equivalent to an offence under Canadian law.
You can be found inadmissible if you:
- Committed an offence (charged or not)
- Were charged with a crime (even if not convicted)
- Have pending charges
- Were convicted of a crime
Inadmissibility is defined under two categories: Criminality and Serious Criminality.
Understanding Criminality vs. Serious Criminality
Criminality
You may be inadmissible for standard criminality if you:
- Were convicted of a crime outside Canada that would be considered an indictable offence under Canadian law (similar to a felony in the US).
- Were convicted of two or more summary offences (like misdemeanors) under Canadian law.
- Committed an act abroad that was illegal there and would be an indictable offence if committed in Canada.
Indictable offences are more serious than summary offences. Usually, one minor summary offence won’t make you inadmissible, but multiple summary offences can.
Serious Criminality
More severe crimes fall under serious criminality. You may be inadmissible for serious criminality if:
- You were convicted in Canada of an offence punishable by at least 10 years in prison, or you received a prison sentence of six months or more.
- You were convicted of an offence outside Canada that would be punishable by at least 10 years in prison under Canadian law.
Examples: Theft or fraud over $5,000, forgery, or impaired driving offences (DUI) are typically treated as serious criminality.
Note: Since December 18, 2018, DUIs have become more serious offences under Canadian immigration law.
Hybrid Offences
Canada also treats hybrid offences (crimes that can be prosecuted either summarily or by indictment) as indictable for immigration purposes. So if your foreign offence matches a hybrid offence under Canadian law, it will be treated as an indictable offence when your admissibility is assessed.
How Can I Enter Canada If I’m Criminally Inadmissible?
Having a criminal record doesn’t always mean you’ll be turned away forever. Canada provides a few ways to overcome criminal inadmissibility and be allowed to enter the country legally. Here’s how you can travel to Canada if you have a criminal record.
Well, your options depend on the type of offence, how much time has passed since you completed your sentence, and whether you can demonstrate that you’re rehabilitated.
The three main ways to resolve criminal inadmissibility are:
- Temporary Resident Permit (TRP)
- Deemed Rehabilitation
- Criminal Rehabilitation
Apply For A Temporary Resident Permit (TRP)
A Temporary Resident Permit (TRP) allows you to enter Canada for a specific reason, despite being criminally inadmissible.
You must show that your reason for travel is justified and that it outweighs any risk you may pose to public safety.
Examples of valid reasons for a TRP include:
- Attending a family wedding or funeral
- Visiting a sick family member or medical emergency
- Taking part in important business, such as a conference, training, or client meeting
A TRP can be granted for a single entry or multiple entries and can be valid for anywhere from one day to three years.
How to apply:
- If you need a visa to enter Canada, submit your TRP application along with your visitor visa application at your local Canadian consulate.
- If you require an Electronic Travel Authorization (eTA), you can apply for a TRP through a Canadian visa office in your country.
- US citizens or US green card holders can apply for a TRP at a Canadian consulate or directly at a port of entry (land, air, or sea).
Processing Time & Fees:
Processing times vary but usually take 3–6 months, so apply well in advance to avoid travel problems. The fee for a TRP is $239.75.
Qualify For Deemed Rehabilitation
In order to travel to Canada if you have a criminal record, you must qualify for deemed rehabilitation.
This means that if your criminal record only involves less serious offences, you may automatically qualify for deemed rehabilitation, i.e., you no longer need special permission to enter Canada.
Conditions for deemed rehabilitation include:
- For one indictable offence: At least 10 years must have passed since you completed your entire sentence, with no further offences.
- For a summary offence: At least 5 years must have passed since you completed the sentence.
You do not formally apply for deemed rehabilitation. It applies automatically if you meet the time requirements and have not committed additional offences.
If you want to confirm whether you qualify, you can:
- Request a free assessment at a Canadian embassy, high commission, or consulate.
- If you live in the US, you can request an assessment at a Canadian port of entry (there may be a fee).
A legal opinion letter from an experienced immigration lawyer can help strengthen your case for deemed rehabilitation.
Apply For Criminal Rehabilitation
If you do not qualify for deemed rehabilitation, you may still be able to resolve your inadmissibility through an individual criminal rehabilitation application.
If approved, criminal rehabilitation permanently removes the inadmissibility for the offences listed in the application.
Requirements for criminal rehabilitation:
- At least 5 years must have passed since you completed your entire sentence (including probation, fines, parole, or community service).
- You must show that you live a stable life, pose no further risk, and are unlikely to reoffend.
Processing Time & Fees:
- Processing can take 12 months or more, so apply as soon as possible.
- Fees depend on the severity of your offence(s):
- Criminality: $239.75
- Serious Criminality: $1,199
Legal Opinion Letters: Why They Matter?
If you’re considering a TRP or criminal rehabilitation, a legal opinion letter can be a powerful supporting document.
The letter explains how your offence(s) match up with Canadian law. It also presents any mitigating circumstances & makes the case that you should be allowed into Canada.
While a legal opinion letter doesn’t guarantee you entry, it helps immigration officials better understand your background and can make your application stronger.
Final Thoughts: Be Prepared, Travel Confidently!
Travelling to Canada with a criminal record can seem daunting. But it’s not impossible if you plan ahead and take the right steps. Understanding how Canada assesses criminal inadmissibility and knowing your options—like applying for a TRP, qualifying for deemed rehabilitation, or pursuing criminal rehabilitation—can make all the difference.
If you’re unsure where to start, seeking advice from an experienced immigration lawyer and obtaining a legal opinion letter can help strengthen your case and boost your confidence. With the right preparation, you can navigate the process successfully and enjoy your trip to Canada without unexpected surprises.
MakeHomeCanada, a Canadian immigration leader, promises excellence and tailored pathways for your Canadian journey. Get in touch with us at [email protected].
