Can I Travel to Canada with a Criminal Record?

Planning a trip to Canada can be complicated if you have a criminal record. This blog breaks down everything you need to know about criminal inadmissibility and what you can do if your record affects your ability to travel.

What is Criminal Inadmissibility?

If you’ve committed or been convicted of a crime, you might not be allowed to enter Canada. This applies to crimes committed both inside and outside Canada. The authorities evaluate factors such as the seriousness of the offence, the sentence imposed, and how long ago the offence or sentence took place. If you’re deemed inadmissible due to criminality, you could be denied a visa, an electronic travel authorization (eTA), entry into the country, or even be required to leave Canada.

Types of Offences and Their Impact on Travel to Canada

For immigration purposes, Canada classifies crimes into the following categories:

Summary Offences

These are minor offences, like causing a disturbance or loitering, similar to misdemeanors in other countries. If your crime is considered a summary offence under Canadian law and it’s the only one on your record, you might still be allowed to enter Canada.

Indictable Offences

Indictable offences are more serious, like robbery or drug trafficking, similar to felonies. For immigration purposes, an offence is considered “serious criminality” if it would carry a maximum sentence of 10 years or more under Canadian law. Serious criminality can result in automatic inadmissibility.

Hybrid Offences

Hybrid offences can be treated as either summary or indictable offences. For immigration purposes, hybrid offences are treated as indictable offences. This means even a less severe crime could impact your admissibility to Canada.

How Does Canada Check Criminal Records?

Canada shares criminal history information with the U.S., and immigration officers can access your criminal records through your passport or visa. If you have a record, you could be flagged and questioned at the border. Permanent residency applicants must submit police certificates from every country where they lived for six months or more after the age of 18. Temporary workers and students may need to provide police certificates when applying to Canada.

Options for Overcoming Criminal Inadmissibility

If you have a criminal record, here are ways you can still enter Canada:

Temporary Resident Permit (TRP)

A TRP allows you temporary entry if you can prove that your need to visit Canada outweighs the risks to Canadian society. TRPs are granted for a specific period, often for the duration of your visit, and can last up to three years.

Deemed Rehabilitation

If it has been several years since you completed your sentence, you might be deemed rehabilitated and no longer inadmissible. This usually applies if you have a single conviction, enough time has passed (10 years for indictable offences and 5 years for summary offences) since your sentence was completed, and you have no further criminal activity.

Criminal Rehabilitation

If you aren’t eligible for deemed rehabilitation due to serious criminality or multiple offences, you can apply for criminal rehabilitation. You can apply five years after completing your sentence, but processing may take more than a year. If approved, criminal rehabilitation permanently removes your inadmissibility status.

Legal Opinion Letter

An immigration lawyer can provide a legal opinion letter explaining how your crime compares to Canadian law. This letter can clarify your admissibility or help you prepare for potential border issues.

Can Permanent Residents Become Inadmissible?

Even permanent residents can be deemed inadmissible if they commit serious offences. Theft over $5,000 or driving under the influence can lead to loss of permanent resident status and removal from Canada.

Other Reasons for Inadmissibility

In addition to criminality, you can be found inadmissible to Canada for national security concerns, human rights violations, sanctions, financial or medical issues, or misrepresentation. Misrepresentation, such as lying on applications, can result in a five-year ban from entering Canada.