Criminal Record? What You Must Know Before Traveling to Canada
Updated Immigration Rules Could Deny You Entry—Here’s How to Avoid It
If you’re not a Canadian citizen, even a minor criminal record could block your entry into Canada. Whether you’re planning to visit family, attend a business conference, or explore Canada for tourism, being flagged as “criminally inadmissible” can stop you at the border.
The good news? In many cases, criminal inadmissibility can be overcome—if you prepare in advance.
What is Criminal Inadmissibility?
Canada’s border officials conduct strict background checks on all foreign nationals attempting to enter the country. If you have a past criminal charge—regardless of the outcome—you may be considered inadmissible under Canadian immigration law.
You may be deemed inadmissible if:
- You were charged with a crime, even without conviction
- You have pending charges
- You were convicted or committed an offense
- Your crime is considered an indictable or hybrid offense under Canadian law
Criminality vs. Serious Criminality
Criminality includes:
- A single indictable offence (e.g. theft, fraud)
- Two separate summary offences (minor infractions)
Serious Criminality includes:
- Convictions punishable by 10 years or more
- DUIs, assault, fraud over $5,000, etc.
Even if a crime is minor in your home country, it could be serious under Canadian law—especially if it’s classified as a “hybrid offence.”
What Offences Raise Red Flags at the Border?
Some common reasons people are denied entry include:
- DUI (especially after 2018)
- Theft or shoplifting
- Drug possession
- Domestic violence
- Assault
How to Enter Canada with a Criminal Record
There are 3 main ways to overcome criminal inadmissibility:
1. Temporary Resident Permit (TRP)
Allows entry for a specific purpose—like a business trip or family emergency—even if inadmissible.
- Valid for up to 3 years
- Must demonstrate compelling need
- Application fee: $239.75
2. Deemed Rehabilitation
You may be automatically eligible if:
- 10+ years have passed since your single indictable offence sentence ended
- 5+ years for minor (summary) offences
This doesn’t require a formal application but must be supported with clear documentation.
3. Criminal Rehabilitation
Applies to both minor and serious offences.
- Must wait 5 years after completing your sentence
- Application clears your record for Canadian immigration
- Fees: $239.75 (minor); $1,199 (serious)
What Is a Legal Opinion Letter?
A Legal Opinion Letter from an immigration lawyer is often recommended. It explains:
- How your criminal record maps to Canadian law
- Your eligibility for rehabilitation or TRP
- Why you pose no threat to Canada
Though not mandatory, this can strengthen your application significantly.
Final Advice: Plan Ahead
If you have a record—no matter how old or minor—don’t leave your travel plans to chance. Submit the right documents early, get legal support if needed, and understand which path applies to your situation.
Delays or denial at the border can ruin your trip—and cost you time, money, and opportunity.
For a consultation about Immigration options, reach out to the CAD IMMIGRATION today!
