British nationals planning to visit Canada with a criminal record frequently assume their conviction is "spent" under the UK's Rehabilitation of Offenders Act 1974 — and therefore not a problem for Canadian entry. This assumption is wrong and can lead to being turned away at the border or denied an eTA before you even board your flight. Canada does not recognize the UK Rehabilitation of Offenders Act. Your conviction history is assessed entirely under Canadian law, specifically the Immigration and Refugee Protection Act (IRPA). This guide explains how UK convictions are assessed, what CBSA can see through Five Eyes intelligence sharing, how common UK offences map to Canadian criminal law, and what your options are.
The Critical Point: UK "Spent" ≠ Cleared for Canada
Canada does not recognize the UK Rehabilitation of Offenders Act 1974.
A conviction that is "spent" in the UK — meaning you are no longer required to disclose it in most UK contexts — is still a full, unspent conviction in the eyes of Canadian immigration law. IRCC and CBSA assess your criminal history under IRPA without regard to whether the UK has rehabilitated the conviction domestically.
Canada operates under the principle of dual criminality: your foreign conviction is assessed by mapping it to the closest equivalent Canadian Criminal Code offence and determining the Canadian maximum penalty. This determines whether you fall under:
- • IRPA s.36(1) — serious criminality (Canadian equivalent carries 10+ year maximum): no deemed rehabilitation, requires TRP or applied Criminal Rehabilitation
- • IRPA s.36(2) — criminality (Canadian equivalent carries less than 10-year maximum): eligible for deemed rehabilitation after 10 years (single offence), or applied Criminal Rehabilitation after 5 years
The UK "spent" status is simply irrelevant to this analysis. What matters is the nature of the offence and its Canadian equivalent — not how the UK has classified it domestically.
eTA Complications for UK Citizens with Criminal Records
UK citizens visiting Canada for short stays (up to 6 months) generally need an Electronic Travel Authorization (eTA) — a pre-screening requirement completed before boarding a flight to Canada. The eTA application asks directly about criminal history.
Key issues for UK citizens with criminal records:
You must disclose convictions on your eTA application
Even if a conviction is "spent" in the UK, if it would make you inadmissible to Canada under IRPA, it should be disclosed. Failing to disclose can result in a misrepresentation finding under IRPA s.40 — a separate, 5-year inadmissibility that is harder to overcome than the original criminal record.
eTA approval is not guaranteed with a criminal record
An eTA application with a criminal record triggers additional review by IRCC. You may be directed to apply for a Temporary Resident Visa (TRV) instead — a more involved application process. Alternatively, you may receive an eTA refusal.
Approval of an eTA does not mean you will be admitted
An eTA authorizes you to board a flight to Canada. Final admission is determined by the CBSA officer at the port of entry. An inadmissible person can be refused entry even with a valid eTA.
UK citizens with criminal records planning to travel to Canada are strongly advised to consult a licensed Canadian immigration lawyer before applying for an eTA — to ensure disclosures are made correctly and to assess whether a TRP or other authorization is needed.
Can Canada See My UK Criminal Record? Five Eyes Sharing
Yes. Canada and the United Kingdom are both members of the Five Eyes intelligence alliance (Canada, USA, UK, Australia, New Zealand), which facilitates broad law enforcement and intelligence sharing between member nations. In the immigration context, this means:
- !CBSA officers can access UK Police National Computer (PNC) records through bilateral information sharing arrangements
- !Fingerprint-based checks at airports provide access to deeper criminal history data from partner nations
- !IRCC reviews available criminal records from all Five Eyes partners when processing visa and eTA applications
- !UK conviction data may be visible even if the conviction is "spent" under the Rehabilitation of Offenders Act — because Canadian disclosure is governed by Canadian law, not UK law
Do not assume your UK record is invisible to Canadian authorities. Attempting to enter Canada while knowing you are inadmissible, or misrepresenting your record, creates serious additional inadmissibility under IRPA s.40 and s.124. Honesty and advance preparation are essential.
Common UK Offences — Canadian Criminal Code Equivalency
Canadian admissibility is assessed against the Canadian Criminal Code (CCC) equivalent of your UK offence. The following table shows how common UK offences typically map to Canadian equivalents and the resulting inadmissibility category. This is a general guide — individual cases require specific legal analysis.
| UK Offence | Typical Canadian Equivalent Category | IRPA Category (General Guidance) |
|---|---|---|
| Actual Bodily Harm (ABH) | Assault causing bodily harm equivalent | Typically serious criminality (s.36(1)) |
| Grievous Bodily Harm (GBH s.18) | Aggravated assault equivalent | Typically serious criminality (s.36(1)) |
| GBH (s.20 — unlawful wounding) | Assault causing bodily harm equivalent | Typically serious criminality (s.36(1)) |
| Common assault (s.39 Criminal Justice Act) | Simple assault equivalent | Typically criminality (s.36(2)) |
| Drink driving (road traffic offences) | Impaired operation equivalent | Typically serious criminality (s.36(1)) — post-2018 |
| Drug possession (Class A — heroin, cocaine) | Controlled substance possession equivalent | Typically non-serious for possession; serious if trafficking |
| Drug possession (Class B — cannabis, amphetamines) | Controlled substance possession equivalent | Typically criminality (s.36(2)) |
| Drug supply / possession with intent to supply | CDSA s.5 trafficking | 14 years (Schedule I) |
| Theft (minor amount) | Minor theft equivalent | Typically criminality (s.36(2)) |
| Robbery | Robbery equivalent | Serious criminality (s.36(1)) |
| Fraud / obtaining by deception | Fraud equivalent (amount determines tier) | Serious or non-serious depending on amount |
| Criminal damage (minor) | Mischief equivalent | Typically criminality (s.36(2)) |
These are general patterns — your specific classification requires an equivalency analysis. Use the free Admissibility Screener or get your Admissibility Report ($49.99) for a complete assessment including your IRPA tier, fees, and rehabilitation timeline.
Your Options for Entering Canada with a UK Criminal Record
Option 1: Deemed Rehabilitation (if eligible)
If your UK conviction maps to a Canadian offence with less than a 10-year maximum (non-serious criminality), you committed only one offence, and 10+ years have passed since your sentence was fully completed, you may be deemed rehabilitated under IRPR s.18(2). No application or fee required — but carry your court records. See the Deemed Rehabilitation guide for full details.
Option 2: Temporary Resident Permit (TRP)
A TRP under IRPA s.24(1) is available if you have a compelling reason to enter Canada and the benefit of your entry outweighs the risk. No minimum waiting period. Government fee: $200 CAD. Can be applied for at a Canadian visa office (recommended for planned travel) or at the port of entry (less reliable for complex cases).
Option 3: Applied Criminal Rehabilitation
If 5+ years have passed since your sentence was fully completed, you can apply for Criminal Rehabilitation under IRPA s.36(3)(c) — the permanent solution. Fees vary based on your inadmissibility classification. Processing: 6–18 months. Once approved, you can enter Canada freely for life.
Check how your UK conviction maps to Canadian law
Our Criminal Equivalency Engine maps your UK offence to the correct Canadian Criminal Code provision and assesses your IRPA inadmissibility category.
Use the Equivalency EngineFrequently Asked Questions
My UK conviction is "spent" under the Rehabilitation of Offenders Act — do I need to declare it to Canada?+
Yes, if the conviction would make you inadmissible to Canada under IRPA. Canada does not recognize the UK Rehabilitation of Offenders Act. A "spent" conviction in the UK is still a full conviction in Canadian immigration law. Failing to disclose an inadmissibility-triggering conviction can result in a misrepresentation finding under IRPA s.40 — a separate, 5-year bar that is harder to overcome.
I have a UK caution — does that affect my Canadian admissibility?+
A formal caution recorded in the UK is not typically a "conviction" that triggers Canadian criminal inadmissibility under IRPA s.36, as it does not result in a finding of guilt by a court. However, certain cautions (particularly conditional cautions or cautions for serious offences) may be treated differently. CBSA officers have discretion, and the matter is not always straightforward — consult a licensed immigration lawyer if you are unsure.
Will Canada know about my UK driving conviction (drink driving)?+
UK road traffic convictions — including drink driving — may be visible through Five Eyes information sharing. The Canadian Criminal Code equivalent and its classification (serious vs non-serious) depends on the specific offence. Do not assume road traffic convictions are invisible or minor in the Canadian immigration context. Get your Admissibility Report for a personalized equivalency analysis.
I received an Absolute Discharge in the UK — does it affect Canadian admissibility?+
An absolute discharge in the UK typically means no conviction was recorded. If no conviction exists on your criminal record, there is generally no criminal inadmissibility to Canada. However, the specific circumstances matter and you should verify your UK record status before travelling.
Can a UK citizen enter Canada with a drug possession conviction?+
It depends on the substance, quantity, and type of offence. Simple possession of cannabis (particularly pre-2018 when cannabis was a controlled drug in the UK) may map to a non-serious criminality offence under Canadian law. Possession of Class A drugs (cocaine, heroin) may map to Schedule I CDSA possession in Canada — still likely non-serious criminality for simple possession, but trafficking is serious criminality. Each case requires a specific equivalency analysis. Use our Equivalency Engine or consult a lawyer.
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Use our free admissibility screener or the Criminal Equivalency Engine to understand how your UK conviction is assessed under Canadian immigration law — anonymously and without creating an account.
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.