How a Criminal Record Can Affect Entry to Canada in 2024

Travelling to Canada with a Criminal Record? Here’s How to Avoid Being Denied Entry

If you’re planning a trip to Canada but have a criminal record—even for something like a DUI—you might face a big surprise at the border. Even minor offences in your home country can result in being denied entry to Canada. But don’t worry—there are ways to plan ahead and increase your chances of being allowed in.

In this blog post, we’ll walk you through what criminal inadmissibility means, why it matters, and the steps you can take to overcome it. Whether you’re coming for a vacation, business, or to reunite with family, it’s important to understand how Canadian immigration law works—especially when it comes to criminal history.

Key Highlights

• Canada may deny entry to foreign nationals with a criminal record, even for minor offences like DUIs
• Canadian authorities assess offences based on how they’re classified under Canadian law—not your home country’s laws
• Legal tools like a Temporary Resident Permit (TRP) or a legal opinion letter can help you gain entry
• Options like deemed or individual rehabilitation may offer permanent solutions for past offences
• Planning ahead is key—TRP and rehabilitation applications can take months to process
• Border entry is never guaranteed and is always at the discretion of Canadian officers

Why You Might Be Denied Entry to Canada

Under Canadian immigration law, anyone who isn’t a citizen must be deemed “admissible” to enter the country. One common reason for being denied is criminal inadmissibility. This means you’ve committed an offence that Canadian law considers serious enough to pose a risk to society.

Even if your offence is considered a misdemeanor in your home country, it might be treated more seriously in Canada. For example, a driving under the influence (DUI) charge—something that might be seen as minor elsewhere—is categorized as a serious criminal offence in Canada. That alone could be enough to prevent you from crossing the border.

What matters most is how your specific conduct would be treated under Canadian law, particularly under the Criminal Code of Canada or the Immigration and Refugee Protection Act. This means you’ll need to assess—or have a professional determine—how your past charges align with Canadian legal definitions.

Even if your offence doesn’t automatically bar you from entering, border officers may still require additional documentation to make a decision. This is where a legal opinion letter from an immigration lawyer can be incredibly helpful. It provides a clear explanation of your legal situation to Canadian officials, strengthening your case.

How to Overcome Criminal Inadmissibility

The good news? There are several ways you can still be granted entry into Canada, even if you’re considered inadmissible. One of the most commonly used options is a Temporary Resident Permit (TRP).

A TRP allows someone who is otherwise inadmissible to enter Canada for a limited time. To get one, you’ll need to show that your visit is justified—that is, that the benefits of your entry outweigh any potential risks to Canadian society.

Here’s what you need to know about TRPs:

• You must apply for a TRP in advance—though U.S. citizens can apply at the border, it’s highly recommended to apply online beforehand
• TRPs can allow for single or multiple entries, and are valid for up to three years
• Processing times usually range from three to six months
• Approval isn’t guaranteed—it’s up to the discretion of the border officer, even if you’ve been issued a TRP

You can prepare the TRP application yourself, but many people choose to work with an immigration lawyer to ensure everything is done correctly. A well-prepared application can make a big difference in how it’s received by immigration officials.

Other Long-Term Options: Rehabilitation

Looking for something more permanent? You might qualify for one of Canada’s rehabilitation programs, which can remove your inadmissibility for good.

1. Deemed Rehabilitation

This can happen automatically if enough time has passed since your last offence and you’ve maintained a clean record. You might qualify if:

• Your offence would be considered a summary offence under Canadian law
• It’s been at least five years since you completed your sentence
• You haven’t committed any further offences since

For one non-summary offence, you may be deemed rehabilitated after ten years. However, you’ll still need to demonstrate that you meet the criteria, and a legal opinion letter can again be helpful.

2. Individual Rehabilitation (Criminal Rehabilitation)

If you don’t qualify for deemed rehabilitation, you may need to apply for individual rehabilitation. This is a formal process and must be completed before attempting to enter Canada. You cannot apply for individual rehabilitation at the border—it must be submitted in advance.

To be eligible, at least five years must have passed since you completed all parts of your sentence (including probation and fines). Keep in mind that processing times for criminal rehabilitation applications can exceed a year, so this is definitely something to plan ahead for.

Plan Ahead to Avoid Surprises at the Border

Whether you’re visiting family, attending a business meeting, or exploring Canada’s beautiful landscapes, the last thing you want is to be turned away at the border. If you suspect that your record could make you inadmissible—even for something that happened years ago—start preparing now.

Consider consulting an immigration lawyer for expert advice and assistance with TRP or rehabilitation applications. A strong application, paired with a legal opinion letter, could make all the difference when interacting with Canadian border officers.

And if you’re also exploring long-term immigration options, like applying through a Provincial Nominee Program (PNP), understanding your admissibility status is even more important. For example, if you’re considering the Manitoba PNP, you’ll want to ensure there are no barriers standing in your way.

Final Thoughts

Travelling to Canada with a criminal record isn’t impossible—but it does require extra planning. With the right knowledge and preparation, you can boost your chances of being allowed in and enjoy your time in Canada without unnecessary stress.

Need help figuring out your next steps? Whether you’re applying for a TRP, seeking rehabilitation, or just want peace of mind before your trip, working with a professional can make the process smoother and more successful.

Get in touch today to explore your options and make your travel plans stress-free.