Short answer: a fraud or white-collar conviction does not automatically bar you from Canada, but in most cases it makes you criminally inadmissible, so you will generally need a Temporary Resident Permit (TRP) for a one-time visit or Criminal Rehabilitation for a permanent fix. A border services officer makes the final decision in every case. Under the Immigration and Refugee Protection Act (IRPA), the Canada Border Services Agency (CBSA) assesses inadmissibility using the Canadian criminal equivalent of your foreign offence, not the foreign label or sentence. For fraud, the variable that usually decides everything is the dollar amount: fraud where the subject-matter exceeds $5,000 maps to Criminal Code s.380(1)(a), which carries a 14-year maximum, so it is treated as serious criminality under IRPA s.36(1). Fraud at or under $5,000 falls under s.380(1)(b), with a lower maximum, and can land in the non-serious tier under s.36(2). Because the equivalency turns on the specific elements of your charge and not just the word "fraud", the same conviction can be classified differently depending on the facts. This guide explains how that framework works in plain language and what options exist.
How Canadian Law Classifies Fraud and White-Collar Crime
Canada's Criminal Code contains specific fraud and white-collar offences, each with its own maximum sentence. The single factor that decides which IRPA tier applies is the maximum sentence of the Canadian equivalent of your foreign charge: 10 years or more means serious criminality under s.36(1), and less than 10 years means non-serious criminality under s.36(2). What this means for you: an officer first identifies the Canadian offence that most closely matches what you were convicted of (this is called equivalency), then looks up that offence's maximum penalty. Your actual foreign sentence does not change the tier; what matters is what the matching Canadian offence could carry.
Fraud over $5,000 and most embezzlement: serious criminality
Fraud where the subject-matter exceeds $5,000 maps to Criminal Code s.380(1)(a), a 14-year maximum, and is serious criminality under IRPA s.36(1). Embezzlement usually maps to either s.380 fraud or s.334(a) theft over $5,000 (10-year maximum), also serious criminality. Deemed rehabilitation is not available for serious criminality; Criminal Rehabilitation becomes available 5 years after you complete all sentence conditions. Example: a wire-fraud conviction involving $40,000 would generally be assessed under s.380(1)(a).
Fraud at or under $5,000: may be non-serious criminality
Fraud where the subject-matter is $5,000 or less falls under Criminal Code s.380(1)(b), a 2-year maximum on indictment (or a summary offence), placing it in the non-serious tier under s.36(2). For a single such offence, deemed rehabilitation may apply automatically once at least 10 years have passed since you completed the full sentence, with no application needed. Example: a $900 benefits-fraud conviction would generally be assessed under s.380(1)(b).
Forgery and identity theft: it depends on the section
Forgery under Criminal Code s.367 carries a 10-year maximum on indictment, so it is generally serious criminality under s.36(1). Identity theft and trafficking in identity information under s.402.2 carry a 5-year maximum, which is non-serious criminality under s.36(2). Because related document and identity offences sit on different sides of the 10-year line, the exact charge matters; the equivalency analysis settles which Canadian section applies.
Amount and conduct matter most for fraud. The classification of YOUR specific fraud conviction depends on the Canadian equivalency analysis, not just the general category of offence. free Admissibility Explorer / Admissibility Breakdown ($49.99)
Your Options: TRP and Criminal Rehabilitation
Temporary Resident Permit (TRP)
A TRP under IRPA s.24(1) lets an inadmissible person enter or stay in Canada when an officer is satisfied the reason to come outweighs the risk. There is no minimum waiting period, so a TRP can be the only realistic option soon after a conviction, before the 5-year Criminal Rehabilitation clock has run. The IRCC processing fee is $246.25 CAD as of December 2025 (verify the current fee with IRCC before you apply). A TRP can be issued for a single entry or for multiple entries up to a maximum of 3 years, tied to the purpose you give. What this means for you: applying at a visa office in advance gives an officer time to weigh your case, while a port-of-entry request is fully discretionary and riskier because the officer decides on the spot and can refuse entry.
See the full guide at Temporary Resident Permits.
Criminal Rehabilitation (Permanent Solution)
Criminal Rehabilitation under IRPA s.36(3)(c) is the permanent fix: once approved, the conviction no longer makes you inadmissible and you do not need a new TRP for each trip. It is the route most people with a fraud conviction use once enough time has passed. For fraud and white-collar offences the key points are:
- ✓ 5 years since completion of ALL sentence conditions (including restitution orders)
- ✓ Fee varies based on your inadmissibility classification, see your Admissibility Breakdown for your tier and fee
- ✓ Processing: 12–18+ months
- ✓ Once approved: permanent, no renewal needed
See the full guide at Criminal Rehabilitation.
Frequently Asked Questions
Can I enter Canada with a fraud conviction?+
Yes, with proper documentation. Whether your fraud conviction is serious or non-serious criminality depends on the Canadian equivalency analysis, the amount involved and specific elements of the charge. Use the free Admissibility Explorer to check your situation, or get an Admissibility Breakdown for the complete analysis.
Can I enter Canada with an embezzlement conviction?+
Embezzlement typically maps to serious criminality under IRPA s.36(1). A TRP or Criminal Rehabilitation is required. Deemed rehabilitation is generally not available. Use the Admissibility Explorer or Admissibility Breakdown to confirm your circumstances.
Does Canada know about my US federal fraud conviction?+
Canada and the United States share criminal records through CPIC/NCIC. US federal and state convictions, including fraud, wire fraud, mail fraud, and embezzlement, can appear in CBSA queries at all ports of entry. Do not attempt to conceal your conviction, misrepresentation under IRPA s.40 creates a separate 5-year inadmissibility.
My fraud conviction involved only a small amount. Am I still inadmissible?+
Minor fraud involving a small amount may map to a non-serious criminality equivalent in Canada. If so, deemed rehabilitation may be available after 10 years from sentence completion (single offence), and the Criminal Rehabilitation fee falls in the lower tier. The classification of your charge requires an equivalency analysis.
I still owe restitution. Can I apply for Criminal Rehabilitation?+
Outstanding restitution is typically treated as a sentence condition that has not been fully completed. Most immigration lawyers advise that Criminal Rehabilitation eligibility does not begin until ALL sentence conditions, including restitution orders, have been satisfied. The 5-year clock starts after that final condition is met.
Is the $5,000 fraud threshold based on US dollars or Canadian dollars?+
Canadian equivalency uses the Criminal Code, where the s.380 dividing line is $5,000. An officer assesses the equivalent Canadian offence based on the conduct and value involved, and a foreign-currency amount near the line can complicate the analysis. This is one reason fraud cases close to $5,000 are best reviewed by a licensed professional. The classification of your charge always requires an equivalency analysis, and an officer makes the final determination.
Does a fraud charge that was dismissed or never resulted in a conviction make me inadmissible?+
Criminal inadmissibility under IRPA s.36 is generally based on a conviction, or in some cases on having committed an act that is an offence. A charge that was withdrawn, stayed, or ended in an acquittal does not normally create a conviction-based inadmissibility. That said, an officer can still ask about your history, and a separate ground such as misrepresentation under IRPA s.40 applies if you provide false information. Keep your records and disclose accurately; an officer decides how your specific history is treated.
How long does Criminal Rehabilitation take, and can I travel while it is pending?+
IRCC does not guarantee a fixed timeline, and processing for Criminal Rehabilitation commonly runs many months, often quoted at around 12 to 18 months or more. Approval is not retroactive, so while it is pending you remain inadmissible. If you need to travel before a decision, a Temporary Resident Permit is the usual interim option. Confirm current processing times and fees with IRCC, and consider advice from a licensed immigration lawyer or CICC consultant.
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Official sources
This page is based on law and policy published by the Government of Canada.