Can You Enter Canada with a Criminal Record?

Understanding Criminal Inadmissibility in Canada

Canada has strict regulations concerning individuals with past criminal records. Whether you are a tourist, business traveler, or potential immigrant, having a criminal record can make you inadmissible to enter the country. However, there are solutions available depending on the nature of the offense, the time elapsed, and other factors.

This guide will cover:

• How Canadian authorities determine criminal inadmissibility

• Categories of offenses and their impact on entry eligibility

• Legal pathways to overcome inadmissibility

• Consequences of attempting entry while criminally inadmissible

• Real-world use cases and solutions

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How Canada Determines Criminal Inadmissibility

If you are not a Canadian citizen, you may be denied entry if your past offenses align with criminality under Canadian law. The key factors in assessing inadmissibility include:

• Whether the offense was a crime in the jurisdiction where it occurred

• Whether the offense has an equivalent crime under Canadian law

• Whether the crime was a minor or serious offense

• The completion of sentencing and rehabilitation efforts

A person can be found criminally inadmissible for:

• Committing an offense, regardless of conviction

• Being charged, even without prosecution or conviction

• Having pending charges or an active case

• Being convicted of a crime

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Categories of Criminal Offenses Under Canadian Law

Non-Serious Criminality

You may be deemed inadmissible if you:

• Were convicted of an offense in Canada punishable by indictment, or two summary offenses not arising from the same incident.

• Were convicted outside Canada of an offense that would be an indictable crime under Canadian law.

• Committed an act outside Canada that is illegal both in that jurisdiction and under Canadian law.

Examples of non-serious offenses:

• Petty theft

• Vandalism

• Disorderly conduct

• Trespassing

A single minor offense will not result in inadmissibility, but multiple offenses may.

Serious Criminality

You may be denied entry for serious offenses if:

• You were convicted in Canada of a crime punishable by a maximum sentence of 10 years or more.

• You were sentenced to more than six months in prison.

• You were convicted of an equivalent offense outside Canada.

Examples of serious offenses:

• DUI (especially after December 18, 2018)

• Fraud over $5,000

• Aggravated assault

• Drug trafficking

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Solutions to Overcome Criminal Inadmissibility

1. Temporary Resident Permit (TRP)

A TRP allows temporary entry despite inadmissibility. To obtain a TRP, you must:

• Demonstrate a compelling reason for entering Canada (e.g., work, family emergency, cultural event)

• Show that your presence poses no threat to Canadian society

Real-world example: A U.S. businessman with a minor past conviction applies for a TRP to attend a trade conference in Toronto. His request is granted due to economic benefits and his clean record since the offense.

2. Criminal Rehabilitation

This is a permanent solution that removes inadmissibility status. To qualify:

• At least five years must have passed since completing the sentence.

• You must prove a stable, crime-free lifestyle.

Real-world example: A software engineer with a 10-year-old conviction for theft successfully applies for criminal rehabilitation and gains unrestricted entry to Canada for future job opportunities.

3. Deemed Rehabilitation

You may automatically regain admissibility if:

• Ten years have passed since completing your sentence (for an indictable offense)

• Five years have passed for a summary offense

Real-world example: A retired teacher with a 15-year-old minor assault conviction applies for a visitor visa and is deemed rehabilitated due to the elapsed time and good conduct.

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Consequences of Being Criminally Inadmissible

If deemed inadmissible:

• You may be denied entry at the border.

• You risk deportation if residing in Canada without proper authorization.

• Repeated entry attempts may result in an exclusion order, barring entry for one year.

• Misrepresentation (lying about a criminal record) can result in a five-year ban.

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Where to Apply for a TRP Based on Travel Restrictions

Entry Type	Land Border	Air Entry
Visa & eTA Exempt	Apply at border	Apply at arrival
Visa Required	Must apply at consulate	Must apply at consulate
Visa Exempt, Needs eTA	Apply at border	Apply at consulate

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Final Thoughts

While a criminal record can create barriers to entering Canada, there are legal pathways to address inadmissibility. If you need assistance, consulting an immigration lawyer is highly recommended.

Disclaimer: This article provides general information and should not be considered legal advice. Always consult with a qualified immigration lawyer for personalized guidance.