Visiting Canada with a Criminal Record

Can You Visit Canada with a Criminal Record?

If you have a criminal record, you may be considered inadmissible to Canada under the Immigration and Refugee Protection Act (IRPA). This means that when you try to enter Canada as a visitor, apply for a visa, or cross the border, you could be refused entry even for minor past offences.

Whether you are travelling for business, tourism, or family reasons, Canada’s immigration officers assess your admissibility based on the nature of your criminal history and how much time has passed since the conviction.

Fortunately, there are legal pathways to overcome inadmissibility and travel to Canada legally.

Why a Criminal Record Matters

Canada restricts entry to individuals with certain criminal histories to protect public safety and uphold the integrity of its immigration system. Even if your conviction occurred many years ago or was considered a minor offence in your home country, it may still be treated as a serious criminal offence under Canadian law.

Examples of offences that can make you inadmissible include:

• Driving under the influence (DUI) or impaired driving

• Assault or domestic violence

• Drug possession or drug trafficking

• Theft, fraud, or forgery

• Weapons or firearm offences

If an officer determines your offence is equivalent to an indictable offence under Canada’s Criminal Code, you may be refused entry.

Does a Criminal Record Always Mean You’re Inadmissible to Canada?

No. Having a criminal record does not automatically mean you will be refused entry to Canada. Inadmissibility depends on several factors, including the type of offence, how Canadian law classifies it, how much time has passed since the sentence was completed, and whether there were multiple convictions.

Some offences may not have a Canadian equivalent, while others may fall under non-serious criminality or qualify for deemed rehabilitation over time. Each case must be assessed individually under Canadian immigration law, which is why a legal review before travelling is strongly recommended.

How Border Officers Determine Admissibility

When you arrive at the border or apply for a visitor visa, immigration officers may:

• Access international criminal databases (like CPIC and Interpol)

• Review your visa application and background checks

• Assess whether your offence meets the definition of criminality or serious criminality under IRPA s.36

A single conviction may not always result in permanent inadmissibility — but officers must confirm that your past does not pose a risk to Canadian society.

Legal Options for Visiting Canada with a Criminal Record

If you are inadmissible, you may still be able to visit Canada legally by applying for one of the following:

1. Temporary Resident Permit (TRP)

A Temporary Resident Permit allows you to enter or remain in Canada temporarily even though you are inadmissible.

You must demonstrate that:

• Your reason for travel is justified, and

• You pose no significant risk to Canadian society.

A TRP can be issued for up to three years, depending on the purpose of travel. It can be used for urgent business travel, family visits, conferences, or tourism.

Processing fee: CAD $239.75 (non-refundable)

2. Criminal Rehabilitation

If it has been five years or more since you completed your sentence (including fines, probation, and jail time), you may be eligible for Criminal Rehabilitation.

Once approved, this permanently removes your inadmissibility, allowing you to visit or immigrate to Canada freely.

You’ll need to show:

• You’ve completed all aspects of your sentence

• You’ve had no further criminal activity

• You are rehabilitated and unlikely to reoffend

If your offence was minor and over ten years old, you might qualify for Deemed Rehabilitation, meaning you could automatically be admissible without applying.

3. Legal Opinion Letter

If you are unsure whether your record makes you inadmissible, a Canadian immigration lawyer can prepare a Legal Opinion Letter explaining how your offence is treated under Canadian law.

This letter can help border officers or visa officers assess your admissibility more accurately — especially for older, expunged, or minor convictions.

When Should You Address Criminal Inadmissibility Before Visiting Canada?

Timing is critical when planning a trip to Canada with a criminal record. Waiting until you arrive at the border to address admissibility concerns can result in immediate refusal, delays, or future travel complications.

If you are planning travel for business, family visits, or tourism, it’s best to assess your admissibility well before your intended travel date. Applications for Temporary Resident Permits or Criminal Rehabilitation take time, and even a Legal Opinion Letter should be prepared in advance to ensure officers have clear information when assessing your entry. Early preparation gives you the widest range of legal options and the best chance of avoiding border issues.

Travelling with a DUI or Impaired Driving Conviction

Many travellers are surprised to learn that a single DUI can make them criminally inadmissible to Canada.

Since 2018, impaired driving is classified as serious criminality under the Criminal Code, meaning:

• You cannot enter Canada without a TRP or Criminal Rehabilitation

• Even if your conviction is old, deemed rehabilitation may not apply

If you have a DUI or similar offence, seek legal advice before travelling to avoid being denied entry at the border.

What Happens If You Try to Enter Canada Without Resolving Inadmissibility

If you attempt to enter Canada with a criminal record without authorization, you may be:

• Denied entry at the border

• Flagged in immigration systems, affecting future applications

• Temporarily detained for questioning

• Formally found inadmissible, requiring future TRP or rehabilitation

Having a legal solution in place before you travel is essential to avoid serious complications.

Common Mistakes When Visiting Canada with a Criminal Record

Travellers are often refused entry to Canada because they misunderstand how criminal inadmissibility works. Common mistakes include assuming an old or minor offence doesn’t matter, failing to disclose a past conviction when questioned, or relying on advice based on another country’s immigration rules. Being upfront, informed, and legally prepared before travelling can help you avoid refusal and protect future applications.