Australian citizens and permanent residents planning to visit Canada often assume their criminal record won't cause problems — particularly if the conviction is "spent" under Australian state or territory legislation. This assumption is incorrect. Canada does not recognize Australia's spent conviction schemes (which vary by state). Your criminal history is assessed entirely under the Immigration and Refugee Protection Act (IRPA) and the Criminal Code of Canada. Furthermore, as a member of the Five Eyes intelligence alliance, Canada has access to Australian criminal records through law enforcement information sharing. This guide explains exactly how Australian convictions affect Canadian admissibility, what CBSA can see, and how to address it.
Australian Spent Convictions ≠ Cleared for Canada
Canada does not recognize Australian spent conviction legislation.
Australia has spent conviction provisions at the federal level (Crimes Act 1914, Part VIIC) and in each state and territory (e.g., NSW Crimes (Sentencing Procedure) Act, Queensland Criminal Law (Rehabilitation of Offenders) Act, Victorian Spent Convictions Act). None of these are recognized by Canada. A conviction that is "spent" in Australia is still a full conviction under Canadian immigration law.
Canadian admissibility is determined by the dual criminality principle: your Australian offence is mapped to the closest equivalent Canadian Criminal Code offence, and the Canadian maximum penalty determines whether you fall under serious criminality (IRPA s.36(1)) or criminality (IRPA s.36(2)).
Regardless of whether your conviction is spent, spent-equivalent, or sealed under Australian law, a CBSA officer assessing your admissibility applies Canadian law only. The Australian domestic status of your conviction is not a factor in the Canadian analysis.
Five Eyes: Can Canada See My Australian Record?
Yes. Australia and Canada are both members of the Five Eyes intelligence alliance(along with the USA, UK, and New Zealand). This alliance facilitates extensive law enforcement and criminal records sharing between member nations:
- !CBSA can access Australian Federal Police (AFP) records and state police records through bilateral information sharing
- !Fingerprint-based identity checks at Canadian airports connect to partner nation databases
- !IRCC considers criminal records from all Five Eyes partners when processing eTA, visa, and TRP applications
- !Australian National Criminal History Records (police checks) from ACIC are accessible through partner systems
- !The information sharing applies regardless of whether the conviction is "spent" under Australian law — Canada's disclosure requirements are governed by Canadian law
Do not attempt to conceal your Australian criminal record from Canadian authorities.Misrepresentation under IRPA s.40 creates a separate 5-year inadmissibility. Attempting entry while inadmissible without authorization is an IRPA s.124 offence. Advance preparation and honest disclosure are essential.
eTA for Australian Citizens with Criminal Records
Australian citizens visiting Canada for short stays require an Electronic Travel Authorization (eTA). The eTA application asks about criminal history and criminal inadmissibility. Key points:
Criminal records must be disclosed
If your Australian conviction would make you inadmissible to Canada under IRPA, it should be disclosed in your eTA application. The question is whether the conviction triggers Canadian inadmissibility — not whether it is spent in Australia.
eTA with criminal record triggers additional review
An eTA application disclosing a criminal record is reviewed by IRCC. You may be directed to apply for a Temporary Resident Visa (TRV), a Temporary Resident Permit (TRP), or you may receive an outright refusal. Each case is assessed on its merits.
eTA approval ≠ guaranteed entry
A successful eTA authorizes boarding, not entry to Canada. A CBSA officer at the port of entry makes the final admissibility determination. Always carry documentation of any TRP or Criminal Rehabilitation approval.
Common Australian Offences — Canadian Criminal Code Equivalency
Australian offences are mapped to their closest Canadian Criminal Code equivalent. The classification (serious vs non-serious criminality) depends on the maximum sentence of the Canadian equivalent — not the Australian sentence.
Every case is fact-specific: the exact charge, the circumstances, and the applicable jurisdiction all matter. Get your Admissibility Report for a personalized equivalency analysis.
Equivalency assessments are made by CBSA officers on a case-by-case basis. Use our Criminal Equivalency Engine for detailed analysis or consult a licensed immigration lawyer.
Your Pathways to Enter Canada
Deemed Rehabilitation (if eligible)
If your Australian conviction maps to a Canadian offence with less than a 10-year maximum (non-serious criminality), you have only one conviction, and 10+ years have passed since your sentence was fully completed, you may qualify for deemed rehabilitation under IRPR s.18(2). No application or fee required — but carry your court records and proof of sentence completion.
Temporary Resident Permit (TRP)
A TRP under IRPA s.24(1) provides temporary entry permission for a specific purpose. No minimum waiting period. Government fee: varies based on classification. Apply to the Canadian High Commission in Canberra or at the port of entry (advance application recommended for complex cases).
Applied Criminal Rehabilitation
The permanent solution. Available once 5+ years have elapsed since completion of your entire sentence (all conditions). Government fee: varies based on your classification (serious criminality). Processing time: 6–18 months. Once approved, you can enter Canada freely for life.
Check how your Australian conviction maps to Canadian law
Our Criminal Equivalency Engine maps your Australian offence to the correct Canadian Criminal Code provision and IRPA inadmissibility category.
Use the Equivalency EngineFrequently Asked Questions
My Australian conviction is spent — does that matter for Canada?+
No. Canada does not recognize Australia's spent conviction legislation (Crimes Act 1914 Part VIIC or state equivalents). A spent conviction in Australia is still a full conviction in Canadian immigration law. Your admissibility to Canada is assessed entirely under IRPA and the Canadian Criminal Code — Australian domestic rehabilitation status is irrelevant.
I have an Australian DUI conviction — can I enter Canada?+
An Australian drink driving conviction is mapped to its closest Canadian Criminal Code equivalent — the classification depends on the specific charge and circumstances. Your options include a TRP (no minimum wait) or Criminal Rehabilitation (5-year wait from sentence completion). The exact classification and fees depend on the equivalency analysis. Get your Admissibility Report for a personalized assessment, or consult a licensed immigration lawyer.
Will Canada know about my Australian drug conviction?+
Yes, through Five Eyes intelligence sharing between Australia and Canada. CBSA can access Australian Federal Police and state police records. Do not assume your Australian drug conviction is invisible to Canadian border authorities.
I have a spent conviction for assault in Queensland — do I need a TRP for Canada?+
It depends on the specific charge. Common assault (equivalent to CCC s.266) maps to non-serious criminality under IRPA s.36(2) — potentially eligible for deemed rehabilitation after 10 years. Assault occasioning actual bodily harm maps to CCC s.267 (10-year maximum) — serious criminality requiring TRP or Criminal Rehabilitation. The Queensland spent conviction status does not change this Canadian analysis.
How do I apply for a TRP from Australia?+
Australian citizens apply for a TRP through the Canadian High Commission in Canberra (for pre-planned travel) or at a Canadian port of entry (for urgent situations). The visa office route is generally recommended for complex cases as it allows time for thorough documentation review. A TRP application requires the $200 CAD government fee and supporting documentation including court records, proof of sentence completion, and a personal statement explaining the need to visit Canada.
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Use our free admissibility screener or Criminal Equivalency Engine to understand how your Australian conviction is assessed under Canadian immigration law.
Important: This tool provides general information based on publicly available Canadian immigration law (IRPA). Results are not a determination of admissibility. Only a CBSA officer at a port of entry can make admissibility decisions. For complex legal situations, professional guidance may also be beneficial.