If you are not a Canadian citizen and have a criminal record in your home country or elsewhere, you may face being denied entry when you try to visit Canada.

Canada takes public safety seriously, and border officials carefully screen every traveler’s criminal history to decide whether they pose any risk to Canadian society.

However, if you plan ahead and understand your options, you may be able to resolve your criminal inadmissibility and enter Canada legally. Factors such as what offence you committed, how serious it is under Canadian law, and how much time has passed since you completed your sentence all play an important role.

Today, we will discuss what one must know before traveling to Canada with a criminal record. So, without further ado, let us begin!

How To Know If You’re Criminally Inadmissible?

If you are not a Canadian citizen, having a past criminal record could make you criminally inadmissible to Canada.

It’s important to understand that only Canadian citizens have an absolute right to enter Canada—no matter their criminal history. Permanent residents and all foreign nationals, including visitors, students, and workers, must pass Canada’s criminality checks each time they try to enter the country.

When you arrive at a port of entry, Canadian border officers will review your criminal history to determine if you present a risk to public safety.

For an offence to make you criminally inadmissible to Canada, it must meet two conditions:

  • It must be considered a crime in the place where it happened.
  • It must match an equivalent crime under Canadian criminal law.

You may be found inadmissible if:

  • You committed an offence, whether or not you were charged or convicted.
  • You were charged with a crime but not necessarily convicted.
  • You have unresolved or pending criminal charges.
  • You were convicted of an offence in any country.

Canada’s immigration law distinguishes between “criminality” and “serious criminality,” based on the nature and severity of the offence under Canadian law.

Criminality

You may be criminally inadmissible for standard criminality if:

  • You were convicted in any country of a crime that would be considered an indictable offence in Canada.
  • You were convicted of two or more separate crimes that would be summary offences in Canada (roughly equivalent to misdemeanors).
  • You committed an act abroad that was illegal there and would be an indictable offence in Canada.

Indictable offences under Canadian law are serious crimes, while summary offences are considered less severe.

If you have only one minor summary offence on your record, you will generally not be found criminally inadmissible.

Serious Criminality

For more serious crimes, Canada classifies these under serious criminality.

You may be considered inadmissible for serious criminality if:

  • You were convicted in Canada of an offence punishable by a maximum term of 10 years or more in prison, or you received a prison sentence of six months or more. 
  • You were convicted abroad of an offence that would carry a sentence of at least 10 years under Canadian law.

Examples of serious criminality include:

  • Theft or fraud involving more than $5,000.
  • Forgery.
  • Driving under the influence (DUI).

Note: Since December 18, 2018, DUIs are treated more seriously under Canadian immigration law. A DUI offence after this date is generally grounds for serious criminality and inadmissibility.

Hybrid Offences: Canada also has “hybrid offences”—these are crimes that can be prosecuted either as indictable or summary offences under the Criminal Code. For immigration purposes, hybrid offences are always treated as indictable. So if your offence abroad is equivalent to a hybrid offence in Canada, immigration officers will treat it as an indictable crime when deciding if you are admissible.

What Are Your Options If You Are Criminally Inadmissible?

If you are traveling to Canada with a criminal record, it is vital to know your options beforehand. 

Well, if you have a criminal record that makes you inadmissible to Canada, it does not mean you are permanently barred from visiting the country. Canada’s immigration rules provide three primary ways to overcome criminal inadmissibility:

  • Applying for a Temporary Resident Permit (TRP)
  • Qualifying for deemed rehabilitation
  • Applying for criminal rehabilitation

Let’s break down how each of these works.

Apply For A Temporary Resident Permit (TRP)

A Temporary Resident Permit can allow you to enter Canada temporarily even if you are otherwise criminally inadmissible.

A TRP is issued at the discretion of a Canadian immigration or border official. To receive one, you must show that your need to enter Canada is compelling enough to outweigh any perceived risk you pose to the country’s public safety.

Valid reasons for requesting a TRP include:

  • Attending an urgent family event such as a funeral or wedding.
  • Visiting a seriously ill family member or handling a medical emergency.
  • Participating in critical business activities like conferences or work meetings.

A TRP can be issued for a single entry or multiple entries. The permit can be valid for as little as a single day or up to three years.

How to apply for a TRP:

  • If you need a visa to visit Canada, submit your TRP application at the same time as your visitor visa application to your local Canadian consulate.
  • If you require an Electronic Travel Authorization (eTA), you must apply for the TRP through a Canadian visa office in your country.
  • If you are a US citizen or US permanent resident (green card holder), you have an additional option: you can apply for a TRP directly at a port of entry (land border, airport, or seaport) or at a Canadian consulate in the United States.

Processing time: Processing a TRP usually takes three to six months, so it’s best to apply well in advance of your travel date. The current fee for a TRP is $239.75 CAD.

See If You Qualify For Deemed Rehabilitation

Deemed rehabilitation is another way to consider if you are traveling to Canada with a criminal record. 

Depending on how much time has passed since your sentence was completed, you may no longer be criminally inadmissible under Canadian law. This is called deemed rehabilitation.

Deemed rehabilitation is only an option if your inadmissibility relates to standard criminality (not serious criminality).

You may qualify if:

  • For a single indictable offence: At least 10 years must have passed since you completed your full sentence (including probation, fines, or community service).
  • For a summary offence: At least five years must have passed since you completed your sentence.

Unlike criminal rehabilitation, you don’t have to submit an application for deemed rehabilitation—it happens automatically if you meet the time and eligibility requirements and have not committed any other offences since finishing your sentence.

If you’re unsure whether you qualify, you can request a free assessment at a Canadian embassy, high commission, or consulate. US residents can also request an assessment at a Canadian port of entry (a fee may apply).

To strengthen your case, you may consider getting a legal opinion letter from an experienced immigration lawyer. This letter explains how your foreign offence aligns with Canadian law and argues that you meet the conditions for deemed rehabilitation.

Apply For Criminal Rehabilitation

If you do not qualify for deemed rehabilitation, you can still apply for criminal rehabilitation—sometimes called individual rehabilitation. 

A successful criminal rehabilitation application permanently removes your inadmissibility for the offences you include. This means that for those offences, you will not need a TRP in the future.

Criminal rehabilitation is available for both standard criminality and serious criminality.

Eligibility: To apply for criminal rehabilitation, at least five years must have passed since you completed your entire sentence, including any probation, fines, parole, or community service obligations.

You will need to demonstrate that you now lead a stable and law-abiding life.

Because processing can take 12 months or longer, it’s wise to apply as soon as you are eligible.

Fees:

  • Criminality: $239.75 CAD
  • Serious criminality: $1,199 CAD

Why Get A Legal Opinion Letter?

Whether you are applying for a TRP, criminal rehabilitation, or want to confirm your deemed rehabilitation status, a legal opinion letter can strengthen your application.

An immigration lawyer will prepare this letter to explain how your offence(s) relate to Canadian criminal law. It will also highlight any mitigating factors & present a clear argument for why you should be allowed to enter Canada.

While it does not guarantee you entry, a well-crafted legal opinion letter can help immigration officers better understand your circumstances and increase your chances of success, especially when included with a TRP or rehabilitation application.

Final Thoughts

Traveling to Canada with a criminal record does not have to be impossible. If you understand how Canadian immigration law treats criminal inadmissibility you can take the right steps to visit Canada legally.

Knowing whether you are criminally inadmissible, whether you qualify for deemed rehabilitation, or whether you need to apply for a TRP or criminal rehabilitation is crucial to avoid problems at the border.

Working with an experienced immigration lawyer and obtaining a legal opinion letter can help you present your case clearly and avoid surprises that could disrupt your travel plans.

With good preparation, you can handle the process with confidence and look forward to visiting Canada without unnecessary stress.

CWRVisa, a Canadian immigration leader, promises excellence and tailored pathways for your Canadian journey. Get in touch with us at CWRVisa.ca.