Short answer: in most cases, an unresolved Australian criminal record can make you inadmissible to Canada, and a conviction that is "spent" under Australian law does not fix this. Canada does not recognize Australian spent conviction schemes. It assesses your record under its own law by comparing your offence to the closest Canadian Criminal Code equivalent. Whether you are admissible depends on that equivalent and how much time has passed, and a border or visa officer always makes the final decision. If your conviction does create inadmissibility, there are usually pathways forward: deemed rehabilitation, a temporary resident permit, or applied criminal rehabilitation.
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 generally incorrect. Canada does not recognize Australia's spent conviction schemes (which vary by state and territory). Your criminal history is assessed under the Immigration and Refugee Protection Act (IRPA) and, by way of equivalency, the Criminal Code of Canada. Separately, Australia and Canada are both members of the Five Eyes alliance, and the two countries share criminal-record and law-enforcement information through established arrangements. This guide explains, in plain language, how Australian convictions are assessed for Canadian admissibility, what an officer may see, and the practical pathways available. It is educational only and not legal advice: for your individual situation, consult a licensed Canadian immigration lawyer or a CICC-regulated consultant.
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 principle of equivalency: your Australian offence is mapped to the closest equivalent Canadian Criminal Code offence, and the maximum penalty under that Canadian equivalent (not the sentence you actually received, and not the Australian maximum) decides the category. If the Canadian equivalent carries a maximum of 10 years or more, the conviction is generally treated as serious criminality under IRPA s.36(1). If the Canadian maximum is less than 10 years, it generally falls under criminality under IRPA s.36(2). Two or more offences not arising out of a single occurrence can also trigger s.36(2).
Whether your conviction is spent, spent-equivalent, or sealed under Australian law, an officer assessing your admissibility applies Canadian law. The Australian domestic status of your conviction is not, on its own, a factor in the Canadian analysis. Under IRPA s.36(3)(b), a conviction does not lead to inadmissibility where there has been a final acquittal, or where a record suspension has been granted under the Canadian Criminal Records Act, but an Australian spent conviction is neither of those: the underlying conviction still exists, it is simply not disclosed in many domestic Australian settings. That is why it does not automatically clear you for Canada.
What this means for you: do not rely on the fact that a conviction is spent at home. Work out the Canadian equivalent first. For example, a single shoplifting (theft) conviction may map to theft (Criminal Code s.322, with punishment for theft under or over $5,000 set out in s.334); a common assault may map to assault (s.266); a more serious assault may map to assault causing bodily harm (s.267), which carries a 10-year maximum and is therefore generally serious criminality. The same Australian charge can land in either category depending on the facts, the value involved, and how the offence was prosecuted, so the equivalency analysis is what matters, not the label your state used.
Five Eyes: Can Canada See My Australian Record?
Often, yes. Australia and Canada are both members of the Five Eyes alliance (along with the USA, UK, and New Zealand), and the two countries share criminal-record and law-enforcement information through established arrangements. You should assume Canadian authorities can become aware of an Australian conviction, especially as identity and biometric checks become more integrated. In practice that means:
- !Canadian authorities can obtain criminal-record and law-enforcement information about Australian travellers through established information-sharing arrangements between the two countries
- !Identity and biometric checks (including fingerprints) are increasingly used to confirm who you are and to surface records held by partner countries
- !IRCC weighs disclosed and discoverable criminal history when assessing eTA, visa, and TRP applications, and an officer can request a police certificate as part of the process
- !A conviction being "spent" in Australia controls disclosure within Australia under Australian law; it does not control what Canada may consider or how Canada classifies the conviction
- !Because the information may surface at any stage, the safest assumption is that an officer can become aware of the conviction, whether or not it was disclosed up front
Do not attempt to conceal your Australian criminal record from Canadian authorities. Misrepresentation under IRPA s.40 creates a separate 5-year inadmissibility. If you are criminally inadmissible, attempting to enter without authorization is generally dealt with through the inadmissibility and removal regime (including an officer report under IRPA s.44). 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 Breakdown for a detailed 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 single non-serious Canadian offence (Canadian equivalent maximum under 10 years), and at least 10 years have passed since you fully completed your sentence (including all fines, probation, and conditions), you may be deemed rehabilitated by operation of law under IRPR s.18. There is no application and no fee, but you should carry your court records and proof that the sentence was completed, because the officer still verifies eligibility. Important: deemed rehabilitation never applies to serious criminality, no matter how much time has passed.
Temporary Resident Permit (TRP)
A TRP under IRPA s.24(1) lets an otherwise inadmissible person enter Canada for a specific, justified purpose and period. There is no minimum waiting period, so it is the usual route when you need to travel soon or are not yet eligible for rehabilitation. As of December 1, 2025 the IRCC processing fee is $246.25 CAD (confirm the current fee on IRCC). You can apply through the visa office responsible for Australia (the Canadian High Commission in Canberra) for planned travel, or at a port of entry for urgent cases, though the visa-office route allows fuller documentation. An officer must be satisfied your need to enter outweighs any risk; approval is discretionary.
Applied Criminal Rehabilitation
The permanent solution. You can apply once at least 5 years have passed since you completed your entire sentence (all conditions). Once approved, the inadmissibility is permanently resolved and you no longer need a TRP for that offence. As of December 1, 2025 the IRCC fee is $246.25 CAD for non-serious criminality and $1,231 CAD for serious criminality (confirm current fees on IRCC). Processing commonly takes several months to over a year, so apply well ahead of any planned travel.
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 Breakdown for a detailed overview, or consult a licensed immigration lawyer.
Will Canada know about my Australian drug conviction?+
Often, yes. Australia and Canada share criminal-record and law-enforcement information through established police and border information-sharing arrangements, and a police certificate may be requested as part of an application. 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 generally apply for a TRP through the visa office responsible for Australia (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 usually preferable for complex cases because it allows time for a thorough documentation review. As of December 1, 2025 the IRCC processing fee is $246.25 CAD (confirm the current fee on IRCC). Supporting documents typically include your court records, proof that the sentence was completed, and a statement explaining why you need to enter Canada. Approval is at the officer's discretion.
Will an old Australian drink-driving conviction from before 2018 be treated as serious criminality?+
It depends on the equivalency analysis and is legally unsettled for older offences. In Canada, impaired operation under Criminal Code s.320.14 carries a maximum of 10 years (per s.320.19) for offences committed on or after December 18, 2018, which makes it serious criminality. For conduct before that date the comparison is to the former impaired-driving provisions, and how Canada applies the current maximum to a pre-2018 foreign conviction is not settled. Because the outcome turns on the specific facts and dates, you should confirm your situation with a licensed immigration lawyer rather than assume either result.
I only have a caution, infringement notice, or charge that was dismissed in Australia, am I inadmissible to Canada?+
Not necessarily. Canadian inadmissibility for criminality generally turns on a conviction (or, for non-citizens abroad, committing an act that is an offence). A police caution, an on-the-spot fine or infringement notice, or a charge that was withdrawn or dismissed without a finding of guilt is treated differently from a conviction, and an acquittal can be recognized under IRPA s.36(3)(b). That said, an officer assesses the full record and the underlying conduct, so it is worth confirming how a specific outcome is characterized. When in doubt, check with IRCC or a licensed professional.
How much time do I need to allow before travelling to Canada?+
It depends on the pathway. A TRP can sometimes be decided relatively quickly, including at a port of entry in urgent cases, but a well-documented application through the visa office takes time to prepare and process. Applied criminal rehabilitation commonly takes several months to over a year, so if that is your route you should start well in advance of any planned trip. If you may be deemed rehabilitated, there is no application but you must still carry proof, so allow time to gather your court and sentence-completion records.
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Official sources
This page is based on law and policy published by the Government of Canada.