Short answer: yes, you can apply for a Canada eTA if you have a criminal record, but a declared record usually moves your application out of the instant-approval lane and into a manual admissibility review, and approval is never guaranteed: a visa or border services officer decides. An Electronic Travel Authorization (eTA) is required for most visa-exempt foreign nationals flying into Canada. For most travellers the eTA is approved within minutes online for a government fee of $7 CAD (confirm the current fee on canada.ca). For travellers who declare a criminal history, however, the application generally triggers a manual review, the same underlying admissibility assessment that applies to all entries to Canada under sections 36(1) and 36(2) of the Immigration and Refugee Protection Act (IRPA). Processing can stretch from many weeks to many months. What this means for you: if a record is involved, treat the eTA less like a quick formality and more like an admissibility application that needs lead time and complete documents. This guide explains who needs an eTA, what the criminal record declaration involves, why applications stall, what happens if yours is refused, and what your alternatives are. It is educational information, not legal advice; for guidance on your own situation, consult a Canadian immigration lawyer or a regulated CICC consultant.
Who Needs a Canada eTA?
The eTA requirement is established under the Immigration and Refugee Protection Regulations (IRPR) s.7.1. It applies to foreign nationals who are:
- ✓ Citizens of visa-exempt countries (including the UK, Australia, France, Germany, Japan, and most Western European and Commonwealth nations)
- ✓ Flying into Canada on a commercial airline or arriving on a cruise ship at a Canadian port
- ✓ Transiting through Canada by air
The eTA does not apply to:
- ✗ US citizens (they are exempt from both eTA and visa requirements)
- ✗ Travellers arriving by land or sea from the United States
- ✗ Canadian citizens or permanent residents
- ✗ Nationals of countries that require a Temporary Resident Visa (TRV), they apply for a TRV instead
Not sure if you need an eTA or a TRV? Use the Visa Checker to confirm your requirement based on your nationality.
The Criminal Record Question on the eTA Form
The eTA application (available at canada.ca) asks directly whether you have ever been convicted of a criminal offence in any country. The question is broad and covers:
- • Convictions in your home country or any other country
- • Offences for which you received a fine, conditional sentence, probation, or imprisonment
- • Offences that have been pardoned or expunged in some jurisdictions (the answer may still be "yes" depending on your country's law)
Misrepresentation warning: Declaring "No" when you have a criminal record can be treated as misrepresentation under IRPA s.40(1)(a): directly or indirectly misrepresenting or withholding material facts. A misrepresentation finding generally carries a separate inadmissibility that lasts 5 years (IRPA s.40(2)(a)), and importantly it is not "cured" by Criminal Rehabilitation, which addresses criminal inadmissibility rather than misrepresentation; a misrepresentation bar simply runs its course and then expires. In practice that means concealing a conviction can add a fresh problem on top of the one you were trying to avoid, which is why answering the eTA questions accurately generally carries far less risk than withholding a record.
When you answer "Yes" to the criminal history question, the eTA system generally does not auto-approve or auto-refuse your application. Instead it flags the file for manual review by an officer, who applies Canada's admissibility rules to your specific record. This human review is the main reason a flagged eTA can take far longer than the usual near-instant decision. What this means for you: a "Yes" answer is not itself a refusal, it is a signal that your file needs assessment, and the outcome depends on how your offence maps to Canadian law and whether a pathway to overcome inadmissibility applies.
Processing Delays: Why Flagged Applications Stall
Standard eTA processing is measured in seconds to minutes. For applications flagged for criminal admissibility review, processing can instead stretch into weeks or months. IRCC does not publish a standard processing time for criminally flagged eTAs, so timelines are uncertain and can vary widely from one file to another.
Why the delay?
- 1.Manual admissibility analysis. An IRCC officer must map your foreign conviction to its Canadian Criminal Code equivalent, assess whether it constitutes serious criminality (IRPA s.36(1)) or ordinary criminality (IRPA s.36(2)), and determine whether any pathway to admission applies.
- 2.Document requests. IRCC may request certified court records, police certificates, or additional information, all of which require time to obtain and submit.
- 3.Processing backlogs. Complex admissibility files compete for limited officer time alongside a large volume of other immigration applications.
- 4.Rehabilitation eligibility assessment. If deemed rehabilitation (IRPA s.36(3)(c)) or Criminal Rehabilitation applies, the officer must assess and document this, adding to processing time.
Practical implication: If you have a criminal record and plan to travel to Canada, do not apply for an eTA weeks before your trip. Apply as early as possible, ideally many months in advance, or consider the TRP route, which involves a deliberate process with more predictable timelines.
How the Admissibility Assessment Works
When reviewing a flagged eTA application with a criminal record, IRCC applies the same legal framework used for all entries to Canada:
- 1
Dual criminality analysis
The officer identifies whether your foreign offence has a Canadian equivalent. If the act would not be a crime in Canada, inadmissibility does not arise.
- 2
Equivalency mapping
Your foreign conviction is mapped to the closest Canadian Criminal Code (CCC) or federal statute offence. The maximum penalty of the Canadian equivalent determines your inadmissibility tier.
- 3
Inadmissibility tier
Maximum of 10+ years = serious criminality (IRPA s.36(1)). Maximum under 10 years = ordinary criminality (IRPA s.36(2)). Both render you inadmissible.
- 4
Rehabilitation assessment
If enough time has passed, the officer assesses whether deemed rehabilitation applies. Deemed rehabilitation flows from IRPA s.36(3)(c) and is set out in IRPR s.18: generally a single non-serious offence (one that would carry a Canadian maximum of under 10 years) with at least 10 years elapsed since the sentence was fully completed. Deemed rehabilitation does not apply to serious criminality (s.36(1)). If it applies, the inadmissibility is overcome by operation of law.
- 5
Decision
If the officer finds you inadmissible and not rehabilitated by operation of law, the eTA may be refused. In that case entry generally requires a Temporary Resident Permit (TRP) or an approved Criminal Rehabilitation application. The officer retains discretion throughout and decides the outcome.
What Happens If Your eTA Is Refused?
If IRCC refuses your eTA due to criminal inadmissibility, you will receive a refusal notice. An eTA refusal does not ban you from Canada permanently, but it does mean you cannot board a flight to Canada without a different authorization. Your options after refusal are:
Option 1: Apply for a Temporary Resident Permit (TRP)
A TRP under IRPA s.24(1) lets an otherwise inadmissible person enter Canada for a specific, justified purpose when an officer is satisfied the need to enter outweighs the risk. It can be applied for at a Canadian visa office (generally recommended for predictability) or requested at a port of entry, where it is discretionary. The government processing fee is $246.25 CAD as of December 1, 2025 (confirm the current fee on IRCC). A TRP can be issued for up to 3 years for the stated purpose, may be for a single entry or multiple entries, and does not permanently resolve your inadmissibility.
Option 2: Apply for Criminal Rehabilitation
If at least 5 years have passed since your sentence was fully completed (all fines paid, probation and any custody ended), you may be eligible to apply for Criminal Rehabilitation under IRPA s.36(3)(c). Once approved, the criminal inadmissibility tied to those offences is permanently overcome. The government fee is $246.25 CAD for non-serious criminality and $1,231 CAD for serious criminality, as of December 1, 2025 (confirm the current fee on IRCC). Processing commonly takes many months, so this is a plan-ahead pathway, not a last-minute fix. After approval, you can reapply for an eTA without the criminal record obstacle.
Option 3: Re-apply for the eTA with Additional Documentation
If your refusal was due to insufficient information rather than confirmed inadmissibility, you may re-apply with more complete documentation (certified court records, evidence of sentence completion, rehabilitation evidence). This is rarely the right first step after a refusal, a TRP application is typically more efficient.
eTA vs TRP: Which Route Should You Take?
| Feature | eTA with Criminal Record | Temporary Resident Permit (TRP) |
|---|---|---|
| Standard processing | Weeks to many months if flagged (no published standard) | 8–12 weeks via visa office |
| Government fee | $7 CAD | $246.25 CAD (Dec 1, 2025; confirm on IRCC) |
| Control over application | Limited, passive wait | High, you build and submit your case |
| Port of entry option | No | Yes (discretionary) |
| IRPA reference | IRPR s.7.1 | IRPA s.24(1) |
For most travellers with a criminal record who need to fly to Canada within the next 12 months, a TRP application via a Canadian visa office provides more predictability. The eTA route requires a passive wait with an uncertain outcome and timeline. Use the Admissibility Explorer to assess your situation before deciding.
Want a detailed breakdown?
Our detailed breakdowns explore your circumstances against IRPA sections and provide a complexity overview and potential pathway.
View Deep DivesFrequently Asked Questions
I have a single old misdemeanor from 15 years ago. Will my eTA be denied?+
Not necessarily. If the offence maps to a non-serious Canadian equivalent and more than 10 years have passed since your sentence was fully completed, deemed rehabilitation (IRPA s.36(3)(c)) may apply automatically. However, you still need to declare the offence and the IRCC officer reviewing your application will make this determination. Processing will still take longer than a standard eTA.
Can I just not declare my conviction on the eTA form?+
No. Providing false or incomplete information on an eTA application can be treated as misrepresentation under IRPA s.40(1)(a), which generally carries a separate 5-year inadmissibility (s.40(2)(a)) on top of any criminal issue. Canada also shares immigration and biometric information with its Migration 5 partners (the United States, the United Kingdom, Australia, and New Zealand, formerly the Five Country Conference), and Canadian and US authorities exchange criminal-record information through law-enforcement arrangements. In short, a record may well be accessible to officers even if you do not declare it, so the risk of non-disclosure generally far outweighs the inconvenience of disclosing it. Answering the questions truthfully avoids that added risk, and a licensed professional can advise if you are unsure how a question applies to you.
My eTA application has been pending for many months, what can I do?+
A flagged application under manual criminal admissibility review can take much longer than a standard eTA, and IRCC does not publish a set processing time for these files. You can submit a webform inquiry to IRCC if your application has been pending for an extended period. In parallel, consider applying for a TRP, you do not need to wait for the eTA decision before pursuing a TRP. A TRP via a Canadian visa office may be approved faster than a long-pending eTA criminal review.
I had a DUI in the US. Do I need an eTA or can I drive across the border?+
If you are a citizen of a visa-exempt country (other than the US), you need an eTA to fly into Canada but not to enter by land. At a land border, CBSA may still query your criminal record and may refuse you entry regardless of whether an eTA is required. A TRP or Criminal Rehabilitation is the proper authorization for either entry method.
If I get Criminal Rehabilitation approved, will my eTA be approved automatically?+
Criminal Rehabilitation permanently removes the criminal inadmissibility tied to the offences it covers under IRPA. After approval, you can apply for an eTA, and the criminal record obstacle linked to those offences should no longer apply. The eTA decision still rests with an officer, and you should follow the current IRCC form instructions on how to answer the questions after rehabilitation, since the wording can change. If you are unsure how to complete the form, a licensed immigration lawyer or CICC consultant can advise on your specific facts.
I have a US DUI. Is that serious criminality for a Canada eTA?+
It often is for recent offences. In Canada, impaired operation is prosecuted under Criminal Code s.320.14, which carries a maximum penalty of 10 years (s.320.19) for offences committed on or after December 18, 2018 (the Bill C-46 changes). A 10-year maximum places it in the serious criminality tier (IRPA s.36(1)). Before December 18, 2018, impaired driving fell under the former s.253 with a 5-year maximum, and how the newer maximum applies to older foreign convictions is legally unsettled. Because serious criminality is involved, deemed rehabilitation does not apply, so a TRP or approved Criminal Rehabilitation is generally the route to entry. An officer assesses the equivalency and decides.
How long is a Canada eTA valid, and does a record change that?+
An approved eTA is generally valid for up to 5 years or until your passport expires, whichever comes first, and it is electronically linked to that passport. Having a criminal record does not by itself shorten an eTA that has been approved, but it can make getting the approval slower and less certain because of the manual admissibility review. If you get a new passport, you generally need a new eTA. Confirm current validity rules on canada.ca, as they can change.
Do I need to give biometrics (fingerprints and photo) for an eTA?+
An eTA itself does not require biometrics; biometrics are tied to many visa and permit applications rather than to the eTA. However, IRCC and its Migration 5 partners share biometric and immigration information, so biometrics you have already provided in other immigration processes can inform an admissibility assessment. The biometrics fee, where it applies to an application, is $85 CAD (confirm the current fee on IRCC). Check the IRCC instructions for the specific application you are filing.
My offence was pardoned or expunged abroad. Do I still declare it for an eTA?+
Generally yes. A foreign pardon, expungement, or sealing is not automatically recognized in Canada; Canada assesses admissibility under its own law. IRPA s.36(3)(b) only removes inadmissibility for a final acquittal or for a conviction with a record suspension granted under Canada's own Criminal Records Act, so it does not, by itself, recognize a foreign pardon or expungement. Depending on your country, the honest answer to the criminal history question may still be "yes." Declaring it lets the officer assess whether the record actually creates inadmissibility and whether any pathway applies, rather than risking a misrepresentation finding. A licensed professional can review how the rules treat your specific disposition.
📊 Not sure which pathway applies to you?
Get a detailed breakdown showing how Canadian immigration law relates to your record, with IRPA section references, admissibility tier, and next steps reference.
View Deep Dives → From $49.99Your Next Step
Before applying for an eTA or booking flights to Canada, screen your admissibility to understand whether your criminal record creates inadmissibility, and which pathway is right for your situation.
Official sources
This page is based on law and policy published by the Government of Canada.