An Electronic Travel Authorization (eTA) is required for most visa-exempt foreign nationals flying into Canada. For most travellers, the eTA is approved instantly online for $7 CAD. For travellers with a criminal record, however, the eTA application triggers a manual admissibility review — the same underlying assessment that applies to all entries to Canada under sections 36(1) and 36(2) of the Immigration and Refugee Protection Act (IRPA). Processing delays of 19 months or longer have been reported for applicants who declare criminal history. This guide explains who needs an eTA, what the criminal record declaration involves, why applications stall, what happens if your eTA is denied, and what your alternatives are.
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 is misrepresentation under IRPA s.40(1)(a). A finding of misrepresentation creates a 5-year inadmissibility that overrides any other rehabilitation — and it can never be resolved through Criminal Rehabilitation. Do not attempt to conceal a record on the eTA form.
When you answer "Yes" to the criminal record question, the eTA system does not auto-approve or auto-deny your application. It flags the application for manual review by an IRCC officer — a process that can take substantially longer than the standard near-instant approval.
Processing Delays: Why Applications Stall for 19+ Months
Standard eTA processing is measured in seconds to minutes. For applications flagged for criminal admissibility review, processing is measured in months. Processing delays of 12 to 24 months are regularly reported, and some applicants have waited longer.
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)(b)) 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 sufficient time has passed, the officer assesses whether deemed rehabilitation (IRPA s.36(3)(b)) applies: 10+ years post-sentence for a single non-serious offence. If so, inadmissibility is overcome.
- 5
Decision
If inadmissible and not rehabilitated by operation of law, the officer may deny the eTA. You are then inadmissible without a TRP or Criminal Rehabilitation approval.
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) allows an otherwise inadmissible person to enter Canada for a specific purpose. It can be applied for at a Canadian visa office (recommended) or requested at a port of entry. Government fee: $200 CAD. A TRP is valid for up to 3 years for the stated purpose and does not permanently resolve inadmissibility.
Option 2: Apply for Criminal Rehabilitation
If 5+ years have passed since your sentence was fully completed (fines paid, probation ended), you may apply for Criminal Rehabilitation (IRPA s.36(3)(c)). Once approved, inadmissibility is permanently overcome. Fee: varies based on your inadmissibility classification. Processing: 12–18+ months. 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 | 12–24+ months if flagged | 8–12 weeks via visa office |
| Government fee | $7 CAD | $200 CAD |
| 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 Screener to assess your situation before deciding.
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View ReportsFrequently 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)(b)) 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 information on an eTA application is misrepresentation under IRPA s.40(1)(a), which creates a separate 5-year inadmissibility. Canada shares criminal records with Five Eyes partners (including the UK, Australia, and New Zealand) and with the US through CPIC/NCIC integration. Your record is likely accessible to IRCC even if you do not declare it. The risk of non-disclosure is far greater than the inconvenience of disclosure.
My eTA application has been pending for 14 months — what can I do?+
Extended processing for criminal admissibility reviews is expected. You can submit a webform inquiry to IRCC after the standard processing time has elapsed. 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 will 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 your criminal inadmissibility under IRPA. After approval, you can apply for an eTA and should answer "No" to the criminal inadmissibility question (your inadmissibility has been resolved). The eTA declaration asks whether you are inadmissible, not whether you have a criminal history. Consult the IRCC instructions for the latest guidance on how to complete the form post-rehabilitation.
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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.
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.