Short answer: it depends on the offence, not on whether it is "spent" in the UK. You can sometimes enter Canada with a UK criminal record, but a UK conviction can make you inadmissible regardless of its UK rehabilitation status, and a border or visa officer always makes the final decision. Many British nationals assume that because a conviction is "spent" under the UK Rehabilitation of Offenders Act 1974, it is no longer a problem for Canada. That assumption is wrong and can lead to being refused at the border or denied an eTA before you even board your flight. Canada does not recognize the UK Rehabilitation of Offenders Act. Your record is assessed entirely under Canadian law, specifically the Immigration and Refugee Protection Act (IRPA), by comparing your offence to its closest Canadian equivalent. This guide explains, in plain language, how UK convictions are assessed, what Canadian officers can typically see about your record, how common UK offences such as ABH, GBH, drink driving and drug possession usually map to Canadian criminal law, and the realistic options (deemed rehabilitation, a Temporary Resident Permit, or Criminal Rehabilitation) for travelling with a record. It is educational information, not legal advice for your specific situation.
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 (sometimes called equivalency). Officers do not simply look at the UK label or your UK sentence. They map your conviction to the closest equivalent offence in the Canadian Criminal Code or other federal law, then look at the maximum penalty that Canadian offence carries. The Canadian maximum, not the actual sentence you received in the UK, is what places you in one of these categories:
- • IRPA s.36(1), serious criminality (the Canadian equivalent carries a maximum of 10 years or more): there is no deemed rehabilitation for serious criminality, so the usual routes are a Temporary Resident Permit (TRP) or an approved application for Criminal Rehabilitation
- • IRPA s.36(2), criminality (the Canadian equivalent carries a maximum of less than 10 years): deemed rehabilitation is available 10 years after a completed sentence for a single non-serious offence under IRPR s.18, and Criminal Rehabilitation can be applied for 5 years after the sentence is complete
What each rule means in practice: a conviction that feels minor or ancient in the UK can still be treated as serious criminality in Canada if the matching Canadian offence carries a high maximum. For example, a UK drink driving conviction can map to impaired operation under Canadian Criminal Code s.320.14, which now carries a 10-year maximum and is therefore serious criminality, even if you only received a fine and a driving ban. The reverse is also true: some offences that sound alarming map to lower-maximum Canadian offences. The point is that your UK "spent" status, your UK sentence, and the UK offence name are not what decide the outcome. The Canadian equivalent does, and the officer assessing your case applies it. Because equivalency analysis is technical, this is an area where a licensed Canadian immigration lawyer or a CICC-regulated consultant can add real value.
eTA Complications for UK Citizens with Criminal Records
British citizens visiting Canada for short stays (generally up to 6 months) need an Electronic Travel Authorization (eTA) when they arrive by air, a pre-screening step completed online before boarding a flight to Canada. You do not need an eTA if you arrive by land or sea (car, bus, train or boat, including a cruise ship), though you still need a valid passport and you are still assessed for admissibility on arrival. The eTA application asks directly about your criminal history, and your admissibility is first assessed at that stage. Note that this guide covers temporary visits; if you are applying to study, work or immigrate permanently, criminal admissibility is assessed through those separate application streams instead.
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?
The answer can be yes. Canada and the United Kingdom are both members of the Five Eyes alliance (Canada, the United States, the UK, Australia and New Zealand), and Canada and its partners share criminal and security information through established law enforcement and immigration arrangements. The exact data Canada holds in any individual case is not public, so treat the following as general points rather than guarantees about your file:
- !Canadian immigration and border authorities can request and receive criminal and security information from partner countries, including the UK, through inter-government and police channels
- !Your eTA, visa or entry assessment can draw on this shared information, and biometrics (fingerprints and photo) collected for many applications help confirm identity and link records
- !A UK conviction can surface even if it is "spent" under the Rehabilitation of Offenders Act, because what you must disclose to Canada is governed by Canadian law, not by whether the UK treats the conviction as spent
- !The practical takeaway is not that every record is always visible, but that you cannot rely on a UK record being invisible to Canadian officers
Do not assume your UK record is invisible to Canadian authorities. Attempting to enter Canada while an inadmissibility is unresolved, or giving false or incomplete information about your record, can lead to a separate misrepresentation finding under IRPA s.40 (generally a 5-year inadmissibility) on top of any criminal inadmissibility. Honesty and advance preparation are almost always the safer course, and an officer retains discretion over the final decision.
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 | Often serious criminality (s.36(1)); varies with the specific facts |
| 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 criminality (s.36(2)) for simple possession; trafficking is treated more severely |
| 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 | Serious criminality (s.36(1)) |
| 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 classification requires an equivalency analysis. Use the free Admissibility Explorer for an initial check, or read Entering Canada (Vol. 1) for the framework behind it. The deep-dive library explains the published rules in plain language, fully cited. Education, not advice.
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 a maximum of less than 10 years (non-serious criminality), you have only one such offence, and at least 10 years have passed since you fully completed your sentence (including any fine, probation and driving ban), you may be deemed rehabilitated under IRPR s.18. This is automatic by operation of law, so there is no application and no fee. Deemed rehabilitation does NOT apply to serious criminality, no matter how much time has passed. Because an officer still verifies the dates and the offence, it is wise to carry your court and sentencing records. See the Deemed Rehabilitation guide for full details.
Option 2: Temporary Resident Permit (TRP)
A TRP under IRPA s.24(1) lets an officer authorize entry for a specific purpose and period when your need to enter outweighs the risk to Canada. There is no minimum waiting period, so it is the usual route when you must travel sooner than rehabilitation allows. The government processing fee is $246.25 CAD (confirm the current fee on IRCC, as fees change), and in limited cases the fee may be waived. You can apply at a visa office before you travel, which is generally recommended for anything other than the simplest cases, or request one from a border officer at the port of entry, which is less predictable. A TRP is temporary and tied to its stated dates, not a permanent fix.
Option 3: Criminal Rehabilitation (the permanent fix)
If at least 5 years have passed since you fully completed your sentence, you can apply for Criminal Rehabilitation under IRPA s.36(3)(c). Once approved, the criminal inadmissibility is permanently cleared and you no longer need a TRP for that conviction. The fee depends on your classification: $246.25 CAD for non-serious criminality and $1,231 CAD for serious criminality (confirm current fees on IRCC). Processing commonly takes many months, so apply well ahead of any planned travel. Note that this clears criminal inadmissibility only; it does not undo a separate misrepresentation finding under IRPA s.40, which instead expires with time.
Check how your UK conviction maps to Canadian law
The "Entering Canada" volume of our deep-dive library explains every admissibility ground, the equivalency framework, and every rehabilitation pathway, fully cited from the public law. Education, not advice.
View the LibraryFrequently 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. There is an important nuance, though: a UK caution can only be administered where you admit guilt. IRPA s.36(1)(c) and s.36(2)(c) create inadmissibility for committing an act outside Canada that is an offence there and would be an indictable offence in Canada, with no conviction required, and an admission of guilt is exactly the kind of evidence an officer can use to reach that finding. So a caution is not automatically safe, particularly a conditional caution or a caution for a more serious offence. 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. The Entering Canada volume of our library explains the equivalency framework; consult a licensed professional for advice on a specific conviction.
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, which removes the conviction-based limb of IRPA s.36. Two things still stand in the way of a clean "no". First, IRPA s.36(1)(c) and s.36(2)(c) make you inadmissible for committing an act outside Canada that is an offence there and would be an indictable offence in Canada, regardless of whether a conviction followed, so the underlying conduct can be assessed on its own. Second, whether Canada recognizes the discharge at all runs through the Federal Court of Appeal test in Canada (MCI) v Saini, 2001 FCA 311: the foreign legal system must be similar to Canada's, the aim, content and effect of the foreign law must be similar to Canadian law, and there must be no valid reason to refuse recognition. Recognition is the exception, and the burden is on you. Verify your UK record status before travelling and get advice from a licensed immigration professional if the underlying offence was serious.
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 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, while trafficking is treated more severely. Each case requires a specific equivalency analysis. Use our Equivalency Engine or consult a lawyer.
How much does it cost to fix a UK criminal inadmissibility to Canada?+
It depends on the route. Deemed rehabilitation is automatic by law and has no fee. A Temporary Resident Permit (TRP) carries a government processing fee of $246.25 CAD. Criminal Rehabilitation costs $246.25 CAD if your inadmissibility is non-serious criminality and $1,231 CAD if it is serious criminality. These are the IRCC fees as of December 1, 2025, and fees change, so confirm the current amount on IRCC before applying. Any professional or legal help you choose to use is a separate, additional cost.
Is a UK drink driving conviction serious criminality in Canada?+
Often, yes, for recent offences. Impaired operation in Canada is Criminal Code s.320.14, which carries a maximum of 10 years (s.320.19). A 10-year maximum makes it serious criminality under IRPA s.36(1), and serious criminality has no deemed rehabilitation, so the usual options are a TRP or approved Criminal Rehabilitation. The 10-year maximum came in with Bill C-46 for offences on or after December 18, 2018; how it applies to older UK convictions is legally unsettled. Whatever the date, an officer assesses your specific offence and makes the final call, so do not assume a "minor" UK driving conviction is minor in Canada.
Do I need an eTA or a visa to visit Canada with a UK criminal record?+
British citizens flying to Canada for a short visit need an eTA, not a visitor visa. You do not need an eTA if you arrive by land or sea, though you still need a passport and are still screened for admissibility. A criminal history can complicate an eTA: your application may face extra review, you could be directed to apply for a Temporary Resident Visa instead, or you could be refused. Even an approved eTA does not guarantee entry, because a border officer makes the final admissibility decision. Where an inadmissibility is unresolved, the routes the rules open before travel are a TRP or Criminal Rehabilitation, and a licensed immigration professional can assess which one a given record fits.
Does a foreign pardon or my UK record being "spent" clear me for Canada?+
Not automatically. Canada does not treat a UK "spent" conviction, a UK rehabilitation, or a foreign pardon or expungement as clearing you. Canada assesses admissibility under its own law and reaches its own conclusion about the equivalent Canadian offence. Depending on the circumstances, an officer may recognize certain foreign discharges or acquittals, but that recognition is never automatic. The reliable ways to overcome criminal inadmissibility are deemed rehabilitation, a TRP, or approved Criminal Rehabilitation, and an officer retains discretion in every case.
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Official sources
This page is based on law and policy published by the Government of Canada.