Can You Enter Canada With a Fraud Conviction?

Usually only with a permit or rehabilitation. Canada maps fraud to Criminal Code s.380. Fraud over $5,000 carries a 14-year maximum, which is serious criminality under IRPA s.36(1). Fraud of $5,000 or less carries 2 years and can clear through deemed rehabilitation after 10 years. A TRP or Criminal Rehabilitation can overcome either. An officer decides.

See how fraud matches Canadian law with Criminal Equivalency

Last verified: November 2026

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

Verify the current fee with IRCC before you apply. The Fee Calculator shows both rehabilitation tiers.

How does Canada classify a fraud conviction?

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. Canada’s Criminal Code contains specific fraud and white-collar offences, each with its own maximum sentence.

A maximum of 10 years or more means serious criminality under s.36(1), and an indictable or hybrid offence with a lower maximum is criminality under s.36(2). 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.

Fraud and related offences in the Criminal Code
Offence	Criminal Code	Maximum	IRPA tier
Fraud over $5,000	s.380(1)(a)	14 years	Serious criminality, s.36(1)
Fraud of $5,000 or less	s.380(1)(b)	2 years on indictment, or summary conviction	Criminality, s.36(2)
Theft over $5,000 (one match for embezzlement)	s.334(a)	10 years	Serious criminality, s.36(1)
Forgery	s.367	10 years on indictment	Generally serious criminality, s.36(1)
Identity theft and trafficking in identity information	s.402.2	5 years	Non-serious criminality, s.36(2)

Because the equivalency turns on the specific elements of your charge and the dollar amount, the same conviction can be classified differently depending on the facts. Some related document and identity offences carry a maximum of 10 years or more and others carry less, so the exact charge matters. Criminal Equivalency shows how fraud offences map to Criminal Code sections and their maximums.

The rule

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).

Criminal Code s.380(1)(a)Verify on justice.gc.ca

Can time alone clear a fraud conviction?

Fraud or embezzlement over $5,000: Serious criminality under IRPA s.36(1). Deemed rehabilitation is not available for serious criminality. A person can apply for Criminal Rehabilitation 5 years after the whole sentence is completed (IRPR s.17).
Fraud at or under $5,000: It can be prosecuted either way, so IRPA s.36(3)(a) counts it as indictable, which places it in criminality under s.36(2). For a single such conviction, deemed rehabilitation may apply once at least 10 years have passed since you completed the full sentence. No application is filed, and an officer checks the conditions in IRPR s.18.

How does a Temporary Resident Permit work?

A Temporary Resident Permit (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 per person. A TRP can be issued for up to 3 years (IRPR s.63), for the purpose you give. IRCC says it stops being valid when you leave Canada, unless it states that it is valid for re-entry.

A port-of-entry request is fully discretionary: the officer decides on the spot and can refuse entry.

How does Criminal Rehabilitation work for fraud?

Criminal Rehabilitation under IRPA s.36(3)(c) removes the ground of inadmissibility. Once it is approved, the convictions it covers no longer make you inadmissible, so no TRP is needed for them.

You can apply 5 years after the whole sentence was completed (IRPR s.17). IRCC counts probation, parole and the payment of a fine as part of the sentence.
The fee follows the inadmissibility classification: $246.25 for non-serious criminality and $1,231 for serious criminality.
IRCC says these applications can take over a year.
Once approved, it removes the ground of inadmissibility.

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What do people ask?

Can I enter Canada with a fraud conviction?

Usually only after you resolve the inadmissibility. Fraud over $5,000 maps to Criminal Code s.380(1)(a), a 14-year maximum, which is serious criminality under IRPA s.36(1): you need a TRP or Criminal Rehabilitation. Fraud of $5,000 or less maps to s.380(1)(b), which is criminality: a single such conviction can come under deemed rehabilitation 10 years after the sentence ends. An officer decides. The Admissibility Explorer shows which sections your record touches.

What is the sentence for fraud in Canada?

It depends on the value. Under Criminal Code s.380(1), fraud over $5,000 carries up to 14 years in prison, and fraud of $5,000 or less carries up to 2 years on indictment or can be prosecuted summarily. When the total fraud on indictment exceeds $1 million, s.380(1.1) sets a minimum of 2 years. For entering Canada, the maximum sets the tier. Our Criminal Equivalency page shows the mapping.

Can I enter Canada with an embezzlement conviction?

Usually only with a TRP or Criminal Rehabilitation. Embezzlement can map to fraud under Criminal Code s.380 or to theft under s.334. When the value is over $5,000, both carry maximums of 10 years or more. That is serious criminality under IRPA s.36(1), so deemed rehabilitation is not available. A licensed professional can confirm how your charge maps. Our Criminal Rehabilitation page explains the application.

Does Canada know about my US federal fraud conviction?

An officer can ask about it, and the law requires a true answer (IRPA s.16(1)). That covers federal and state convictions, including wire fraud, mail fraud and embezzlement. Leaving a conviction out can be misrepresentation under IRPA s.40, which carries its own 5-year period of inadmissibility. Rehabilitation under s.36(3)(c) does not reach it. Our Criminal Records page explains how a record is assessed.

My fraud conviction involved only a small amount. Am I still inadmissible?

Generally yes, but in the lower tier. Fraud of $5,000 or less maps to Criminal Code s.380(1)(b), a 2-year maximum, which is criminality under IRPA s.36(2). For a single offence, deemed rehabilitation can apply 10 years after the whole sentence ended, with no application. Before then, the Criminal Rehabilitation fee is the lower $246.25 tier. Our Deemed Rehabilitation guide explains the 10-year rule.

I still owe restitution. Can I apply for Criminal Rehabilitation?

It depends on whether the restitution is part of your sentence. The 5 years run from the completion of the imposed sentence (IRPR s.17). IRCC's guide counts from the last payment of a fine and from the end of probation or parole, and it does not name restitution. Where restitution was ordered as part of the sentence or as a term of probation, an unpaid balance can mean the sentence is not complete. IRCC decides. A TRP is the route for travel in the meantime.

Is the $5,000 fraud threshold based on US dollars or Canadian dollars?

The line is the $5,000 in Criminal Code s.380, a Canadian law. An officer matches your conduct and the value involved to the Canadian offence, and a foreign-currency amount close to the line can make that analysis harder. Cases near $5,000 are worth reviewing with a licensed professional, and an officer makes the final call. Our Currency Converter helps you see the Canadian-dollar value.

How long does Criminal Rehabilitation take, and can I travel while it is pending?

IRCC says Criminal Rehabilitation applications can take over a year to process. You stay inadmissible while the application is pending, because s.36(3)(c) applies once the Minister is satisfied. If you need to travel before a decision, a Temporary Resident Permit is the route the Act provides. Confirm current times and fees with IRCC. Our Temporary Resident Permit page explains how the permit works.

Part of:Criminal record

Official sources

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