Can You Get a Canada eTA With a Criminal Record?
Yes, you can apply for a Canada eTA with a criminal record, and the form asks about it: arrests, charges and convictions in any country. IRCC says a person who is criminally inadmissible applies for criminal rehabilitation first, as a separate application, and that an eTA applied for before then may be refused. Hiding a record can be misrepresentation. An officer decides.
$7
IRCC’s eTA fee
$246.25
IRCC’s Temporary Resident Permit fee, per person
$246.25
IRCC’s Criminal Rehabilitation fee for non-serious criminality
Over a year
How long IRCC says rehabilitation applications can take
The Fee Calculator estimates government fees.
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 and Japan)
- Flying into Canada. The only marine case is a vessel arriving directly from St. Pierre and Miquelon; cruise-ship passengers do not need an eTA (IRPR s.7.1(1) and s.7.1(3)(g))
- Transiting through Canada by air
The eTA does not apply to:
- US citizens and lawful permanent residents of the United States (IRPR s.7.1(3)(b))
- Travellers arriving by land, or by water other than directly from St. Pierre and Miquelon, including cruise-ship passengers
- Canadian citizens or permanent residents
- Most nationals of visa-required countries, who apply for a visitor visa (TRV) instead. Citizens of the countries listed in IRPR s.7.01 may apply for an eTA when flying, if they held a Canadian visa in the last 10 years or hold a valid US nonimmigrant visa
What does the eTA form ask about a criminal record?
The eTA application has a background question that IRCC’s help guide gives as: “Have you ever committed, been arrested for, been charged with or convicted of any criminal offence in any country/territory?” The question is broad and covers:
- Convictions in your home country or any other country or territory
- Arrests and charges, and offences committed, even where no conviction followed
- Offences pardoned or expunged abroad: the help guide lists no exception for them, and IRCC says a person pardoned outside Canada may still be inadmissible
When you answer “Yes”, the help guide asks you to state, for each arrest, charge or conviction, where and when it happened, the nature of the offence and the sentence. IRCC’s eTA pages do not say how an application that declares a record is handled.
A “Yes” answer is not itself a refusal. The outcome depends on how the offence maps to Canadian law and whether deemed or approved rehabilitation applies, and an officer decides.
The rule
Declaring "No" when you have a criminal record can be treated as misrepresentation under IRPA s.40(1)(a).
How does IRCC assess an eTA that declares a record?
An eTA is not a way around inadmissibility. IRCC says admissibility is first assessed on the visa or eTA application, under the same rules in IRPA s.36(1) and s.36(2) that apply to every entry to Canada.
Equivalency
The offence abroad is compared with the closest offence under a Canadian Act of Parliament, such as the Criminal Code. If the act would not be a crime in Canada, inadmissibility does not arise.
Inadmissibility tier
A Canadian maximum of 10 years or more is serious criminality (IRPA s.36(1)). An indictable or hybrid offence with a lower maximum, or two offences from separate events, is criminality (IRPA s.36(2)). One offence that is summary-only in Canada is not on that list.
Document requests
IRCC says you may need to submit documents before your application can be approved, and that an email with instructions is sent within 72 hours.
Deemed rehabilitation
IRCC says a person may still come to Canada if they convince an immigration officer that they meet the legal terms to be deemed rehabilitated (IRPA s.36(3)(c), IRPR s.18). It does not apply to serious criminality.
Decision
If the officer finds you inadmissible and not rehabilitated by operation of law, the eTA may be refused. Entry then generally requires a Temporary Resident Permit (TRP) or an approved Criminal Rehabilitation application. The officer decides the outcome.
How long does it take, and when do you apply?
IRCC says most eTA applications are approved within minutes, and that some take several days when it asks for supporting documents. Its eTA pages give no time for an application that declares a criminal record.
For a person who is criminally inadmissible and needs an eTA, IRCC says to submit a separate application for criminal rehabilitation before applying for the eTA. An eTA applied for before then is assessed on the information available and may be refused. IRCC says rehabilitation applications can take over a year to process.
IRCC says it is best to get an eTA before booking a flight to Canada, and that once you have confirmation of your rehabilitation, you may apply for an eTA. IRCC publishes no processing time for TRP applications.
What happens if your eTA is refused?
An eTA refusal does not ban you from Canada permanently. It does mean you cannot board a flight to Canada without a different authorization. The routes the law provides are:
- Temporary Resident Permit (TRP)
- A TRP under IRPA s.24(1) lets an otherwise inadmissible person enter Canada when an officer is of the opinion that it is justified in the circumstances. IRCC says a person applies outside Canada or at a port of entry, and that there is no guarantee a TRP will be issued. A TRP is valid until the date on the permit, three years at most, ends if the holder leaves Canada without prior authorization to re-enter (IRPR s.63), and leaves the inadmissibility in place.
- Criminal Rehabilitation
- Criminal Rehabilitation under IRPA s.36(3)(c) becomes available once 5 years have passed since the sentence was fully completed (IRPR s.17), and IRCC counts probation as part of the sentence. IRCC says rehabilitation removes the grounds of criminal inadmissibility. The government fee is $246.25 CAD for non-serious criminality and $1,231 CAD for serious criminality.
- A new eTA application
- If your refusal was due to insufficient information rather than inadmissibility, you may re-apply with more complete documentation (certified court records, evidence of sentence completion). Where a person is criminally inadmissible, IRCC points to rehabilitation before the eTA.
Which free tool checks your own case?
- Admissibility ExplorerThe IRPA admissibility grounds, one question at a time
- Visa CheckerVisa or eTA, by passport and how you travel
- Rehabilitation CalculatorDeemed rehabilitation and eligibility dates (IRPA s.36)
Free, with no account. What you enter in a tool stays in your browser.
What do people ask?
Can I get a Canadian eTA with a criminal record?
You can apply, but approval is not automatic. The form asks whether you have ever committed, been arrested for, been charged with or convicted of a criminal offence, and the law requires a true answer (IRPA s.16(1)). An officer assesses the offence against Canadian law under IRPA s.36. IRCC says a person who is criminally inadmissible applies for criminal rehabilitation before the eTA, and that an eTA applied for earlier may be refused. The Admissibility Explorer shows how the grounds work.
What does the Canada eTA criminal record question ask?
IRCC's eTA help guide gives the question as: have you ever committed, been arrested for, been charged with or convicted of any criminal offence in any country or territory? It covers arrests and charges as well as convictions. For a yes, the guide asks where and when each one happened, the nature of the offence and the sentence. It lists no exception for an offence pardoned or expunged abroad. The Criminal Equivalency page shows how officers match a foreign offence to Canadian law.
Can I just not declare my conviction on the eTA form?
No. IRPA s.16(1) requires a truthful answer to every question on an application. A false or incomplete answer on an eTA can be treated as misrepresentation under IRPA s.40(1)(a), which carries a separate 5-year inadmissibility under s.40(2)(a) on top of any criminal issue. Criminal Rehabilitation does not cover it. IRCC also says a person who gives false or incomplete information will not be allowed into Canada. The IRPA s.40 page has the full text.
I have a single old misdemeanor from 15 years ago. Will my eTA be denied?
Not necessarily. If the offence matches a Canadian offence with a maximum under 10 years and at least 10 years have passed since you completed the whole sentence, deemed rehabilitation under IRPR s.18 may apply with no application, if the other conditions are met. You must still answer the question truthfully, and an officer decides whether the rule applies. The Rehabilitation Calculator counts the years from your sentence dates.
My eTA application has been pending for months. What can I do?
IRCC says most eTAs are approved within minutes and that some requests need several days, with an email about next steps within 72 hours of applying. Its eTA pages give no time for an application that declares a record. IRCC's eTA page has a tool to check the status of an application. A Temporary Resident Permit is a separate request under IRPA s.24, in which an officer weighs the reason to travel against the risk. The Temporary Resident Permit page explains how to apply.
What happens if my Canada eTA is refused?
A refusal is not a permanent ban, but you cannot board a flight to Canada without another authorization. A Temporary Resident Permit under IRPA s.24(1) can allow a specific trip, for a fee of $246.25 CAD. Criminal Rehabilitation under IRPA s.36(3)(c) removes the grounds of criminal inadmissibility, and can be applied for once 5 years have passed since the sentence ended. IRCC says you may apply for an eTA once rehabilitation is confirmed. The Criminal Rehabilitation page covers the application.
I have a US DUI. Is that serious criminality for a Canada eTA?
For an offence committed on or after December 18, 2018, yes. Impaired driving under Criminal Code s.320.14 carries a 10-year maximum (s.320.19), which is serious criminality under IRPA s.36(1), and deemed rehabilitation does not apply. IRCC assesses an older offence under the penalties in force at the time, when the former s.255 set a 5-year maximum, which is criminality under s.36(2). The DUI and Canada Entry guide explains both cases.
My offence was pardoned or expunged abroad. Do I still declare it for an eTA?
Yes. The eTA question lists no exception for it, and IRCC says a person pardoned or discharged for an offence outside Canada may still be inadmissible. IRPA s.36(3)(b) names only a final acquittal and a record suspension under Canada's Criminal Records Act. IRCC says the visa office for your region can tell you whether a foreign pardon is valid in Canada. An officer decides whether the record creates inadmissibility. The Criminal Records and Canada page explains how foreign records are read.
Part of:Criminal record
- UK Criminal Record & Entering Canada
- Australian Criminal Record & Entering Canada
- Can I Enter Canada with Multiple Convictions?
The textbook on this subject
Volume 1: Entering Canada $79
Six IRPA inadmissibility grounds (s.36 and s.38 to s.42), explained with the official text cited.
Follow on Facebook to hear when the library opens (opens in a new tab)Official sources
This page is based on law and policy published by the Government of Canada.