Can I Enter Canada With an Australian Criminal Record?

An Australian criminal record can make you inadmissible to Canada, even when the conviction is spent at home. Canada applies its own law: IRPA s.36(3)(b) names only a Canadian record suspension and a final acquittal, and an officer compares your offence with the closest Canadian offence under IRPA s.36. Depending on that match and the time passed, the route is deemed rehabilitation, a Temporary Resident Permit or Criminal Rehabilitation.

See how an Australian offence maps to Canadian law with Criminal Equivalency

Last verified: November 2026

$246.25
IRCC’s Criminal Rehabilitation fee for non-serious criminality
$1,231
IRCC’s Criminal Rehabilitation fee for serious criminality
$246.25
IRCC’s Temporary Resident Permit fee, per person
Over a year
How long IRCC says rehabilitation applications can take

The Fee Calculator estimates government fees.

Does a spent Australian conviction still count in Canada?

Australia has spent conviction provisions at the federal level (Crimes Act 1914, Part VIIC) and in its states and territories, and they vary from one to the next. Examples are the Criminal Records Act 1991 in New South Wales, the Criminal Law (Rehabilitation of Offenders) Act 1986 in Queensland, and the Spent Convictions Act 2021 in Victoria.

The Office of the Australian Information Commissioner describes the federal scheme as one that lets a person not disclose a conviction for a less serious offence after a period of good behaviour. None of these laws is named in IRPA: s.36(3)(b) covers only a Canadian record suspension and a final acquittal.

An Australian spent conviction is neither of those: the underlying conviction still exists, and the scheme gives a right not to disclose it in many Australian settings. For a pardon or discharge from another country, IRCC says you may still be inadmissible, and that the visa office for the region will say whether it is valid in Canada. A border or visa officer makes the final decision.

The rule

Inadmissibility may not be based on a conviction with a Canadian record suspension or a final acquittal. The Act names no foreign scheme.

IRPA s.36(3)(b)Verify on justice.gc.ca

How does Canada match an Australian offence to Canadian law?

Your Australian offence is mapped to the closest equivalent Canadian Criminal Code offence, and that Canadian equivalent, not your sentence or the Australian maximum, decides the category.

A Canadian maximum of 10 years or more generally means serious criminality under IRPA s.36(1). An indictable or hybrid offence with a lower maximum, or two offences not arising out of a single occurrence, generally falls under criminality under IRPA s.36(2).

Common Australian charges and the Canadian offences they may map to:

A single shoplifting (theft) conviction: theft, Criminal Code s.322, with punishment for theft under or over $5,000 set out in s.334
Common assault: assault, s.266
A more serious assault: 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. Equivalency assessments are made by an officer on a case-by-case basis.

The Criminal Equivalency page shows how foreign offences map to Canadian Criminal Code sections and their maximums.

Can Canada see my Australian record?

It can learn of it. The exact data Canada holds on any one person is not public, and no official source says what an officer can see of a given Australian record. These are the published facts:

An officer can ask about your record on an application or at the border, and IRPA s.16(1) requires a truthful answer to every question
IRCC says the fingerprints and photo given with an application may be shared with Australia, the United Kingdom, the United States and New Zealand. A visa-exempt national coming to Canada only to visit does not give biometrics
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
The immigration information-sharing rules Canada has with Australia, New Zealand and the United Kingdom cover nationals of a third country, not the citizens of the country being asked (IRPR s.315.4, with the definitions that open that Division)

What does the eTA ask an Australian traveller with a record?

Australian citizens need an Electronic Travel Authorization (eTA) to fly to Canada, and none to arrive by land or sea. The eTA application asks about criminal history.

What IRCC says about an eTA with a record: IRCC says a person who is criminally inadmissible and needs an eTA submits a separate application for criminal rehabilitation first, and that an eTA applied for before then is assessed on the information available and may be refused. IRCC's eTA pages do not say how an application that declares a record is handled.
An eTA is not entry: A successful eTA authorizes boarding, not entry to Canada. A CBSA officer at the port of entry makes the final admissibility determination.

What routes does the law provide, and who decides?

Deemed rehabilitation: A single Australian conviction that maps to a Canadian indictable or hybrid offence with a maximum under 10 years, where at least 10 years have passed since the sentence was fully completed (IRCC counts fines, probation and a driving prohibition as part of it), can fall within the deemed rehabilitation class set out in IRPR s.18 when the other conditions listed there are met. There is no application and no fee, and an officer verifies eligibility from court records and proof that the sentence was completed. It never applies to serious criminality.
Temporary Resident Permit (TRP): A TRP under IRPA s.24(1) lets an otherwise inadmissible person enter Canada when an officer finds it justified in the circumstances. There is no minimum waiting period. IRCC lists Sydney as the visa office responsible for Australia. An officer must be satisfied your need to enter outweighs the health or safety risks to Canadian society, and approval is discretionary.
Criminal Rehabilitation: The route that removes the ground. You can apply once at least 5 years have passed since you completed your entire sentence (IRPR s.17). IRCC says approved rehabilitation removes the grounds of criminal inadmissibility, so you no longer need a TRP for that offence, and that these applications can take over a year to process.

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What do people ask?

Can I travel to Canada with an Australian criminal record?

Sometimes, but a conviction that matches a Canadian Criminal Code offence can make you inadmissible under IRPA s.36, even when it is spent in Australia. One non-serious conviction can fall under deemed rehabilitation 10 years after the sentence ends, if the other conditions of IRPR s.18 are met and an officer accepts them. Otherwise the routes are a Temporary Resident Permit or Criminal Rehabilitation. Our eTA and criminal record guide explains what to disclose when you apply for your eTA.

My Australian conviction is spent, does that matter for Canada?

Spent status does not settle it: the conviction may still count for Canada. Australia's spent conviction laws, such as Part VIIC of the Crimes Act 1914 or the state equivalents, are not named in IRPA. IRPA s.36(3)(b) covers a conviction only after a final acquittal or a Canadian record suspension, and a spent Australian conviction is neither. IRCC says a person with a pardon or discharge from another country may still be inadmissible. Our UK criminal record guide covers the same issue for UK spent convictions.

Do I need an Australian criminal record check for Canada?

You need one for permanent residence, citizenship and some temporary programs, and an officer can ask for one in other cases. IRCC asks for the Australian National Police Certificate from the Australian Federal Police, a name check under check type 35, for overseas employment or a visa for a country other than Australia. IRCC does not accept complete disclosure certificates. Our police certificate guide explains when IRCC asks for one.

Will Canada know about my Australian conviction?

It can learn of it. An officer can ask, and IRPA s.16(1) requires a truthful answer. IRCC says fingerprints and photos given with an application may be shared with Australia, and it may ask a person with a record for a police certificate. What Canada holds on any one person is not public. Withholding a material fact is misrepresentation under IRPA s.40, a separate five-year inadmissibility. Our Criminal Equivalency page shows how an officer matches an Australian offence to Canadian law.

I have an Australian DUI conviction, can I enter Canada?

You may need a TRP or Criminal Rehabilitation, because a drink-driving conviction is matched to Criminal Code s.320.14. For an offence committed on or after December 18, 2018, that offence carries up to 10 years, which is serious criminality under IRPA s.36(1). IRCC assesses an older offence under the penalties in force when it was committed. A TRP has no waiting period. Our DUI and Canada entry guide explains both dates in detail.

I have a spent conviction for assault in Queensland, do I need a TRP for Canada?

It depends on the charge, because the Queensland spent status does not settle it in Canada. Common assault matches Criminal Code s.266, non-serious criminality under IRPA s.36(2), where deemed rehabilitation can apply 10 years after the sentence ends. Assault occasioning bodily harm matches s.267, with a 10-year maximum: serious criminality, where the routes are a TRP or Criminal Rehabilitation. Our assault and domestic violence guide explains each tier.

How do I apply for a TRP from Australia?

IRCC says there is no separate TRP application for a person outside Canada. A citizen of an eTA-required country who knows they are inadmissible uses the IRCC web form to ask for instructions on applying for a TRP, and a person can also ask an officer for TRP consideration at a port of entry. IRCC lists Sydney as the visa office responsible for Australia. The IRCC fee is $246.25 CAD per person. Bring court records, proof the sentence is complete and a statement of why you need to enter. Our Temporary Resident Permit page explains the application step by step.

I only have a caution, infringement notice, or charge that was dismissed in Australia, am I inadmissible to Canada?

You may be. With no conviction, the conviction grounds of IRPA s.36 have nothing to assess, but s.36(1)(c) and s.36(2)(c) cover committing an act outside Canada with no conviction needed. For charges withdrawn or dismissed outside Canada, IRCC says a person may be inadmissible. A final acquittal cannot be the basis of inadmissibility (IRPA s.36(3)(b)). An officer looks at the full record and the conduct behind it, so carry the paperwork. Our free Admissibility Explorer walks through the questions an officer asks.

Part of:Criminal record

Official sources

This page is based on law and policy published by the Government of Canada.