Planning a Trip to Canada with a Criminal Record? Here's How to Avoid Being Denied Entry

Are you planning to visit Canada but concerned about your criminal record? If you're not a Canadian citizen, even a past offence could make you criminally inadmissible, resulting in denial at the border.

But don’t lose hope—there are legal pathways to enter Canada despite a record. Whether it's for a family emergency, a business meeting, or tourism, proper planning and documentation can help you navigate Canada's strict immigration policies.

This guide explores how criminal inadmissibility is determined, and more importantly, how to overcome it.

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Who Is Considered Criminally Inadmissible to Canada?

Anyone who is not a Canadian citizen can be deemed inadmissible if they have a criminal history—even if charges were dropped or they were never convicted.

Situations That Could Lead to Inadmissibility:

• Being charged, convicted, or even suspected of an offence.

• Having pending criminal charges.

• Committing an act abroad that would be a crime in Canada.

Key Definitions Under Canadian Law:

Criminality:

• Convicted of an indictable offence (similar to a felony in the U.S.) or two summary offences (similar to misdemeanors).

• Committed an act abroad that's illegal in that country and considered indictable in Canada.

You are generally not inadmissible for a single, minor summary offence.

Serious Criminality:

• Convicted in Canada of a crime with a maximum sentence of 10+ years, or served over 6 months in jail.

• Convicted abroad of an offence that would be punishable in Canada by 10+ years.

Examples include:

• DUI (especially after December 18, 2018),

• Fraud or theft over $5,000,

• Assault, or

• Forgery.

▶️ Use Case Example:
A U.S. business executive was convicted of a DUI in 2017. Since this occurred before Canadian laws changed in 2018, they may still be eligible to enter Canada under deemed rehabilitation if 10 years have passed.

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Options to Overcome Criminal Inadmissibility

Depending on your situation, there are three main pathways to legally enter Canada even with a criminal record:

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1. Temporary Resident Permit (TRP)

A TRP allows temporary entry into Canada despite inadmissibility.

You must prove:

• Your visit is justified and

• Your reason for entry outweighs any public safety risk.

Valid reasons include:

• Attending a funeral or wedding,

• Medical emergencies,

• High-stakes business meetings or conferences.

Key Details:

• TRPs are discretionary.

• Can be valid for 1 day to 3 years.

• Application fee: $239.75.

• Apply via Canadian consulate or port of entry (for U.S. citizens).

▶️ Use Case Example:
A U.S. tech entrepreneur with a past theft conviction secured a TRP to attend an AI conference in Toronto, by demonstrating the economic impact of their attendance and clean behaviour for the past 8 years.

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2. Deemed Rehabilitation

If enough time has passed since your sentence, and you’ve remained crime-free, you may qualify for deemed rehabilitation.

Applies only to non-serious offences and:

• 10+ years must pass after a single indictable offence.

• 5+ years must pass after a summary offence.

Important: No application is required—it’s automatic, though proving eligibility may require a legal opinion letter.

▶️ Use Case Example:
A British traveller with one minor fraud offence from 2012 was allowed entry in 2024, as more than a decade had passed without further incidents.

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3. Criminal Rehabilitation Application

For those not eligible under deemed rehabilitation, criminal rehabilitation offers a permanent solution.

You qualify if:

• 5+ years have passed since completing all aspects of your sentence (jail, probation, fines, etc.).

• You can show evidence of a stable lifestyle and low risk of re-offending.

Application Fees:

• Criminality: $239.75

• Serious criminality: $1,199

Processing Time: Can exceed one year, so apply early.

▶️ Use Case Example:
A former U.S. nurse convicted of DUI and assault in 2016 applied for criminal rehabilitation in 2022. With letters of reference, stable employment, and no repeat offences, she was approved in 2024 and now visits Canada regularly.

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Why Consider a Legal Opinion Letter?

A legal opinion letter can:

• Clarify your criminal record under Canadian immigration law,

• Explain how your offence aligns (or doesn’t) with Canadian offences,

• Strengthen your TRP or rehabilitation application, or

• Help demonstrate your eligibility for deemed rehabilitation.

Although not mandatory, it increases your chance of approval and provides clarity to immigration officials.

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Final Thoughts: Plan Ahead to Avoid Being Turned Away

Canada takes criminal inadmissibility seriously. If you’ve had legal troubles in the past, being proactive is key.

• Review your record early.

• Consult a licensed immigration expert.

• Apply for the appropriate remedy well before your travel date.

Whether you’re visiting for business, family, or tourism—you still have options.