Can you travel to Canada with a criminal record? If you have a criminal record, you might not be allowed to enter Canada. 

Only Canadian citizens have a right to enter Canada. Without Canadian citizenship, Canadian authorities might deem that you are inadmissible on account of criminality. 

If inadmissible on account of your criminal record, you might be denied a visa or electronic travel authorization, denied entry, or required to leave the country. 

So, if you have a criminal record, you must resolve potential issues with inadmissibility before making any travel plans to Canada. 

What Is Criminal Inadmissibility?

Criminal inadmissibility is a term used to describe anyone who is not allowed to enter/ stay in Canada because they have committed or are convicted of a crime, whether within or outside Canada.  

When determining whether an individual is criminally inadmissible, Canadian authorities consider many factors, like: 

  • The seriousness of the offense 
  • The sentence imposed
  • How long ago the offense occurred, or how long ago the sentence was completed

How Does One Know How Serious The Offense Is? 

If you wish to travel to Canada with a criminal record, you first need to know the seriousness of your crime. 

For immigration purposes, Canadian authorities categorize offenses as either ‘criminality’ or ‘serious criminality’ and treat them differently to determine criminal inadmissibility. 

In order to determine the seriousness of your offense, you must compare any foreign offenses to equivalent Canadian offenses under Federal Laws.

Also, for most offenses, the Criminal Code of Canada sets out three categories of offenses: summary, indictable, and hybrid. 

  • Summary Offenses 

Summary offenses are minor offenses in Canada, similar to misendeavor in other countries. They often have quicker processes and lower penalties. Examples of summary offenses include causing disturbances, indecent exhibition, and loitering. 

If you have only committed a single offense, and it is the equivalent of a summary offense under Canadian law, you might still be considered inadmissible to Canada. 

  • Indictable Offenses

Indictable offenses are more severe offenses in Canada, similar to felonies in other countries. Examples of indictable offenses include robbery, drug trafficking, and aggravated assault. 

Despite their severity, not all indictable offenses constitute ‘serious criminality’ for immigration purposes. To determine whether an indictable offense is regular ‘criminality’ or ‘serious criminality,’ immigration authorities will look at the maximum penalty that can be imposed for that offense under Canadian law. Any offense that, if committed in Canada, would be punishable by a maximum prison term of 10 years or more would result in ‘serious criminality.’ 

  • Hybrid Offenses 

Despite their differences in the criminal justice system, Canadian authorities treat hybrid offenses the same as indictable offenses for immigration purposes. In other words, if your foreign offense is equivalent to a hybrid offense in Canada, immigration authorities will treat the offense as indictable to determine your criminal inadmissibility. 

Who Can Be Inadmissible To Canada? 

If you intend to travel to Canada with a criminal record, you need to know who is inadmissible to Canada. 

  • Convicted in Canada of an offense that, under an Act of Parliament, is punishable by way of indictable
  • Convicted outside Canada of a crime that, in case committed in Canada, would constitute an indictable offense under the Act of Parliament  
  • Committed an act outside Canada that is an offense in the place where it was committed and that, if committed in Canada, would be an indictable offense under an act of Parliament

You need not have been convicted of an offense in a foreign country to be deemed inadmissible. Also, you might be found inadmissible following arrest – even if you are still awaiting the formal charges or the final verdict. 

You might also be considered inadmissible if you have been convicted of two or more summary offenses – not arising from the same incident. 

Note that foreign nationals refers to anyone who is not a citizen/ permanent resident of Canada. 

Also, offenses under an Act of Parliament refer to any crime or violation of laws under federal legislation in Canada. 

How Does Canada Find Out About The Past Criminal Records In Other Countries? 

Canada and the US share criminal history information through travel documents. Anyone traveling to Canada from the US must show their passport and/ or visa to border agents at ports of entry.  

These documents give immigration officers access to your criminal history, which can lead to questioning or even denial of entry. If you have anything on your criminal record, you are subject to being flagged and pulled aside upon entering Canada. 

Travelers from visa-exempt countries who have criminal records might face issues when applying for an eTA. 

Meanwhile, anyone applying for permanent residence in Canada must submit: 

  • Police certificates from the country where they currently reside 
  • Police certificates for any country that have resided in for six consecutive months or longer after they turned 18

These police certificates would provide immigration authorities with details about your criminal history. 

Temporary residents also need to disclose criminal history when applying to work or study in Canada. Applicants from specific nations might be required to provide police certificates at the time of submission. Others may receive requests for supporting documents during processing. 

All in all, if you have any arrests, charges, or convictions on your criminal record, you should disclose them to avoid severe consequences of misinterpretation. 

Can A Permanent Resident Be Deemed Criminally Inadmissible?

If you are planning to travel to Canada with a criminal record, the next thing you need to know is if a permanent resident can be deemed criminally inadmissible or not. 

Well, if someone is already a permanent resident of Canada, they could still be deemed inadmissible, provided their offenses qualify as ‘serious criminality.’ 

While a foreign national can be deemed inadmissible on grounds of both criminality and serious criminality, a permanent resident can only be deemed inadmissible and removed from the country in cases of serious criminality. 

For instance, if a permanent resident commits theft over CAD 5,000 or drives under the influence, these serious offenses could jeopardize their status in Canada. 

How Can I Find Out Whether An Offense Outside Canada Is A Criminal Offense In Canada? 

In order to determine whether an offense committed outside Canada would be considered an offense in Canada, you would start by comparing the laws of the foreign country with federal laws in Canada, focusing mostly on the Criminal Code. 

If you lack the expertise to interpret foreign & Canadian laws, you might wish to consult an immigration lawyer for assistance. 

Can Someone Who Is Inadmissible Enter Or Immigrate To Canada? 

If you wish to enter or reside in Canada, and have a criminal record, you should first overcome criminal inadmissibility. 

Your options are: 

1. Applying For A Temporary Resident Permit    

If you are inadmissible, you must apply for a TRP to grant you temporary access to Canada. 

In order to be issued a TRP, you must prove that you have a valid reason to enter Canada. You should show that your need to enter/ stay in Canada outweighs the risk to Canadian society. 

Temporary resident permits are usually issued for the length of the visit to Canada. However, they can be issued for a maximum period of up to three years. There is no guarantee that you will be issued a TRP. 

2. Checking Eligibility For Deemed Rehabilitation 

Despite having a criminal past, you might be considered rehabilitated if immigration authorities are satisfied that you no longer pose a threat to the country. 

You may be considered ‘deemed rehabilitated’ based on several factors: 

  • The number and types of offense committed. Typically, you are only eligible for deemed rehabilitation if you have a single conviction on your record. Multiple convictions might disqualify you from rehabilitation unless they are all summary convictions. 
  • The severity of the offense committed. Deemed rehabilitation is not available for serious criminality. Only non-serious crimes qualify. 
  • The amount of time since sentence completion. You must wait until 10 years after completing your sentence for an indictable offense. You only need to wait until five years after your last summary conviction. 
  • No further criminal activity. To qualify for deemed rehabilitation, you cannot commit any further offenses after serving and completing your sentence. 

You do not need to apply for deemed rehabilitation. If you meet the criteria, you become ‘deemed rehabilitated’ automatically and would no longer be considered criminally inadmissible to Canada. 

Since the criteria are complex, you might wish to verify your eligibility with an immigration lawyer before entering Canada. You might also obtain a legal opinion letter explaining that you are deemed rehabilitated to avoid being turned away at the border. 

3. Applying For Criminal Rehabilitation 

If you are inadmissible to Canada on grounds of serious criminality or if you have been convicted of multiple indictable offenses, you cannot qualify for deemed rehabilitation, no matter how much time has passed. In this case, you must apply for criminal rehabilitation. 

You can apply for criminal rehabilitation if at least five years have passed since you served & completed your last sentence. 

IRCC does not share processing times for criminal rehabilitation – but applications can take over a year to process. Once your criminal rehabilitation application has been approved, you will no longer be inadmissible to Canada. Also, criminal rehabilitation serves as a permanent waiver for you to enter Canada if you have no further criminal activity. 

4. Applying For A Legal Opinion Letter 

A Canadian immigration lawyer can write you a letter detailing how your foreign offense equates to Canadian law. He will also summarize whether or not you are criminally inadmissible for immigration purposes. 

You might benefit from a legal opinion letter if you want to confirm that you are not criminally inadmissible or if you want to understand the immigration consequences of any pending charges or convictions. 

Can Someone Be Inadmissible For Reasons Other Than Criminality? 

In order to travel to Canada with a criminal record, the last thing to know is if there are other reasons for inadmissibility to Canada apart from criminality. 

Well, the other reasons include: 

  • Concerns of national security
  • Sanctions
  • Financial reasons
  • Misinterpretation
  • Medical reasons
  • Human or international rights violations 

Misinterpretation generally results in a five-year ban on entry. Therefore, it is very important to be completely honest in all interactions with Canadian immigration authorities, including your applications and interactions with border officials.  

If you seek information on how to begin your Canada immigration application process, you can talk to our NavaImmigration experts at 1800-918-8490. You can also drop us an email at [email protected].