Can I Enter Canada from the UK with a Criminal Record?
Sometimes. A UK conviction can make you inadmissible to Canada even if it is spent: Canada applies its own law, and IRCC says a pardon or discharge from another country may leave you inadmissible. An officer matches the conviction to a Canadian offence and its maximum penalty. The routes are deemed rehabilitation for one non-serious conviction after 10 years, a Temporary Resident Permit, or Criminal Rehabilitation after 5 years.
$246.25
IRCC’s Criminal Rehabilitation fee for non-serious criminality
$1,231
IRCC’s Criminal Rehabilitation fee for serious criminality
$246.25
IRCC’s Temporary Resident Permit fee, per person
Over a year
How long IRCC says rehabilitation applications can take
The Fee Calculator estimates government fees.
Does a spent UK conviction still count in Canada?
Under the Rehabilitation of Offenders Act 1974 (s.4), a rehabilitated person is treated in UK law as a person who has not been convicted, with exceptions. Canadian law has its own list: IRPA s.36(3)(b) bars inadmissibility based on a conviction only where there is a Canadian record suspension or a final acquittal.
For a pardon or discharge from another country, IRCC says you may still be inadmissible and that the visa office for your region will tell you whether it is valid in Canada. A border or visa officer makes the final decision.
The Federal Court of Appeal set the test in Saini (2001 FCA 311). That ruling declined to follow an earlier trial decision (Barnett, 1996) that had treated a conviction spent under the UK Act as no conviction.
The rule
Inadmissibility may not be based on a conviction with a Canadian record suspension or a final acquittal. The Act names no foreign scheme.
How does Canada match a UK offence to Canadian law?
Canada operates under the principle of dual criminality, sometimes called equivalency. Officers map your conviction to the closest equivalent offence in the Canadian Criminal Code or other federal law and look at the maximum penalty it carries. The Canadian offence, not the UK label or your UK sentence, places you in one of two categories:
- IRPA s.36(1), serious criminality: the Canadian equivalent carries a maximum of 10 years or more
- IRPA s.36(2), criminality: the Canadian equivalent is an indictable or hybrid offence with a lower maximum, or there are two offences from separate events
A conviction that feels minor in the UK can still be serious criminality in Canada if the matching Canadian offence carries a high maximum. The officer assessing your case applies the Canadian equivalent.
How do common UK offences usually map?
These are general patterns. Each case needs an equivalency analysis, and an officer decides.
| UK offence | Typical Canadian equivalent | 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)) |
| Common assault (s.39 Criminal Justice Act) | Simple assault equivalent | Typically criminality (s.36(2)) |
| Drink driving (road traffic offences) | Impaired operation equivalent | Serious criminality (s.36(1)) for an offence committed on or after December 18, 2018; typically criminality (s.36(2)) for an earlier one |
| Drug possession (Class A, heroin, cocaine) | Controlled substance possession equivalent | Typically criminality (s.36(2)) for simple possession; trafficking is treated more severely |
| Drug supply / possession with intent to supply | CDSA s.5 trafficking | Serious criminality (s.36(1)) for a Schedule I, II, III or V substance; a Schedule IV substance carries a 3-year maximum (CDSA s.5(3)) |
For cannabis, theft, robbery, fraud, criminal damage and other offences, Criminal Equivalency shows how UK offences map to Criminal Code sections and their maximums.
Can Canada see my UK criminal record?
The answer can be yes. The exact data Canada holds in any individual case is not public, and no official source says what an officer can see of a given UK record. These are the published facts:
- An officer can ask about your record on an application or at the border, and IRPA s.16(1) requires a truthful answer to every question
- IRCC says the fingerprints and photo given with an application may be shared with the United Kingdom, the United States, Australia and New Zealand. A visa-exempt national coming to Canada only to visit does not give biometrics
- The immigration information-sharing rules Canada has with the UK, Australia and New Zealand cover nationals of a third country, not the citizens of the country being asked (IRPR s.315.4, with the definitions that open that Division)
What routes does the law provide, and who decides?
- Deemed rehabilitation
- If your UK conviction maps to a Canadian indictable or hybrid offence with a maximum of less than 10 years, it is your only such conviction, and at least 10 years have passed since you fully completed your sentence (IRCC counts a fine, probation and a driving prohibition as part of it), you may be deemed rehabilitated under IRPR s.18 if the other conditions listed there are met. There is no application and no fee, and an officer checks the conditions. It does not apply to serious criminality. The Deemed Rehabilitation guide sets out each condition.
- Temporary Resident Permit (TRP)
- A TRP under IRPA s.24(1) lets an officer admit an inadmissible person when the officer finds it justified in the circumstances. IRCC says the officer weighs your need to enter against the health or safety risks to Canadian society. There is no minimum waiting period. IRCC says a citizen of an eTA-required country who knows they are inadmissible uses its web form to ask for instructions on applying for a TRP, and that a person can also ask an officer for TRP consideration at a port of entry. A TRP is valid until the date on the permit, three years at most (IRPR s.63), and it leaves the inadmissibility in place.
- Criminal Rehabilitation
- If at least 5 years have passed since you fully completed your sentence, you can apply under IRPA s.36(3)(c) and IRPR s.17. IRCC says approved rehabilitation removes the grounds of criminal inadmissibility, so you no longer need a TRP for that conviction, and that applications can take over a year to process. It does not undo a separate misrepresentation finding under IRPA s.40.
Which free tool checks your own case?
- Criminal EquivalencyHow foreign offences line up with Canadian law
- Admissibility ExplorerThe IRPA admissibility grounds, one question at a time
- 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?
My UK conviction is spent. Do I need to declare it to Canada?
Yes, wherever a form or an officer asks. IRPA s.16(1) requires a truthful answer to every question, and the Act makes no exception for a conviction that is spent in the UK. IRCC says a person with a pardon or discharge from another country may still be inadmissible. Leaving a conviction off an eTA, a visa application or a border answer can lead to a misrepresentation finding under IRPA s.40, a separate inadmissibility that lasts 5 years.
Can Canada see my UK criminal record?
It can learn of it. An officer can ask, and IRPA s.16(1) requires a truthful answer. IRCC requires a police certificate for permanent residence and citizenship, and may ask a person with a record for one in other programs. The exact data Canada holds on any one person is not public, so you cannot count on a UK record staying hidden, even a spent one. A false answer about it risks a misrepresentation finding under IRPA s.40. The Admissibility Explorer shows how a record is assessed.
Do I need a UK criminal record check for Canadian immigration?
Usually, yes. IRCC requires a police certificate for permanent residence, citizenship and International Experience Canada. For Express Entry, its system asks for one from each country where you stayed 6 months in a row or longer in the last 10 years, since age 18. For the UK, the document is a Police Certificate, and IRCC sends applicants to the ACRO Criminal Records Office website to apply. A "No Live Trace" result means IRCC wants more detail. Our police certificate guide covers every country.
Do I need an eTA or a visa to visit Canada with a UK criminal record?
British citizens flying in for a short visit need an eTA, not a visa, and no eTA when they arrive by land or sea. With a criminal record, 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. An approved eTA still does not promise entry, because a border officer decides. Our Canada eTA With a Criminal Record guide explains the disclosure.
Is a UK drink driving conviction serious criminality in Canada?
Often, yes, if the offence was committed on or after December 18, 2018. Impaired operation under Criminal Code s.320.14 carries a 10-year maximum, which is serious criminality under IRPA s.36(1), with no deemed rehabilitation. For an older offence, IRCC applies the penalties in force at the time, so it may be criminality instead. The routes are a TRP or Criminal Rehabilitation. Our DUI guide covers both dates.
I have a UK caution. Does that affect my Canadian admissibility?
It can. GOV.UK says a caution is not a criminal conviction, so the conviction limbs of IRPA s.36 do not apply. It also says you have to admit the offence to be cautioned, and IRPA s.36(1)(c) and s.36(2)(c) cover committing an act abroad that is an offence there and would be an indictable offence in Canada, or one with a maximum of 10 years or more, with no conviction needed. An officer decides whether that applies. Our IRPA section 36 page gives the exact wording.
I received an absolute discharge in the UK. Does it affect Canadian admissibility?
It still can. Under the Sentencing Act 2020 (s.82), a conviction followed by an absolute discharge is deemed not to be a conviction for most purposes. For a discharge granted in another country, IRCC says you may still be inadmissible, and that the visa office for your region will tell you whether it is valid in Canada. The underlying act can also be assessed under IRPA s.36(1)(c) or s.36(2)(c). The Federal Court of Appeal set the test for recognizing foreign relief in Saini (2001 FCA 311). Our Dismissed or Dropped Charges guide covers records that ended without a conviction.
How much does it cost to fix a UK criminal inadmissibility to Canada?
It depends on the route. Deemed rehabilitation has no application and no fee. A Temporary Resident Permit costs $246.25 CAD per person. Criminal Rehabilitation costs $246.25 CAD for non-serious criminality and $1,231 CAD for serious criminality. These are IRCC fees, and fees change, so confirm them before you apply. Legal help is a separate cost. Our TRP vs Criminal Rehabilitation guide compares the two.
Part of:Criminal record
- Australian Criminal Record & Entering Canada
- Can I Enter Canada with Multiple Convictions?
- Can I Enter Canada with a Juvenile or Youth Record?
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.