Inadmissibility Visiting Canada
Applying for an Electronic Travel Authorization (eTA) to Canada with a criminal record
Canada is happy to welcome eligible foreigners for tourism, business, or family visits and has made this process quick and easy for foreigners from visa-exempt countries with the Electronic Travel Authorization (eTA) system. However, if you have a past or ongoing criminal record, you will need to take some extra steps before you book that flight to Canada.
What is an eTA?
If you are a foreign national travelling to Canada, you will either need a visa or an Electronic Travel Authorization (eTA) to fly to Canada depending on the country of your citizenship. Obtaining a visa could be a long and meticulous process, so in 2016, Canada introduced the eTA system to speed up the visitor screening process at the airport while maintaining security. You are usually able to apply for an eTA quickly online by filling and submitting forms online and paying the application fee of only $7 CAD. Usually, an eTA is approved and received within minutes after applying for those without a criminal history. The eTA is then linked to your passport and the validity will be confirmed by the airline staff when you are boarding your flight.
Read more about electronic travel authorizations and who needs an eTA
What makes me criminally inadmissible?
If you have committed or been convicted of a foreign crime that is also considered a crime in Canada, it can make you criminally inadmissible. If there is an equivalent Canadian law, and it is an offence punishable as a hybrid or indictable offence, it would make you inadmissible and you would likely be denied entry at the border.
Determine whether or not you are considered criminally inadmissible in Are You Criminally Inadmissible to Canada? Or read more about criminal inadmissibility.
Can I apply for eTA if I have a criminal record?
Yes, you can still apply for an eTA if you have a criminal record. However, you will need to address your criminality during the application process and it is not guaranteed to be approved. Your criminal record will be thoroughly assessed and if you are found to be criminally inadmissible, your application could be refused even if you are eligible for an eTA.
What are common offences that will affect eTA eligibility?
Some common offences that can make you criminally inadmissible are:
- Driving Offences: Driving Under the Influence (DUI), Driving While Intoxicated (DWI), Operating While Intoxicated (OWI), Operating Under the Influence (OUI), Driving While Ability Impaired (DWAI), reckless driving, reckless operation.
- Drug offences: Trafficking Narcotics, drug cultivation, drug possession with intent to sell, manufacturing drugs
- Fraud offences: Identity Theft, Fraud, Embezzlement, Forgery, Wire Fraud
Read more about being criminally inadmissible with a DUI
What happens if my eTA is denied due to criminal inadmissibility?
If your eTA application is rejected due to a past or current criminal history, there are still options available for you to enter Canada:
1. Temporary Resident Permit (TRP)
TRP is an issued document that allows those who are otherwise criminally inadmissible to enter Canada temporarily. You must demonstrate that there is a satisfactory reason to enter Canada that outweighs the risks of letting you into the country. This is a temporary permit, with a limited time. You can apply at:
- At a Canadian consulate
- At a Canadian port of entry
Applying for a TRP has a government processing fee of $239.75 CAD.
You do not need an eTA if you apply for and are granted a TRP for your trip. It replaces the need for an eTA, but only during the temporary validity of the TRP.
Read in more detail about the application process in Temporary Resident Permit (TRP)
2. Criminal Rehabilitation (CR)
If the sentencing of your most recent offence was fully completed five years ago, you could be eligible for a criminal rehabilitation. If approved, a CR could grant a permanent solution to criminal inadmissibility and allow you to be no longer inadmissible to Canada until you are charged or convicted of another offence. Applying for a criminal rehabilitation is a lengthy and meticulous process that needs to be complete and accurate.
Applying for a CR has a government fee of $239.75 CAD for those with non-serious criminality and $1199.00 CAD for those with serious criminality.
You still need an eTA if you apply for and are granted a CR. The approved CR will resolve the issue of criminal inadmissibility, but will not automatically grant you entry into Canada.
Read more about eligibility and the application process in Criminal Rehabilitation (CR)
3. Legal Opinion Letter
A legal opinion letter is a letter drafted by an immigration lawyer to explain your unique case to the CBSA officer and justify why you should not be considered inadmissible to Canada.
A legal opinion letter can help you if you:
- Have a currently pending charge
- Are crossing the border for the first time as deemed rehabilitated
- Have a non-conviction(s) on your record such as a dismissed charge, expunged record, deferred imposition, or a pre-trial diversion.
An immigration lawyer can assess your records and ensure that you should not be considered inadmissible. If a CBSA officer is not provided with a clear organization of your criminal history, you could still be denied entry.
Read more about legal opinion letters or contact a lawyer to get your criminality assessed right away.
Frequently Asked Questions (FAQ)
Do I need an eTA if I have a TRP?
No, the valid TRP itself grants you entry into Canada temporarily without the need for an eTA.
Do I need an eTA if I have a CR?
Yes, if you are from a visa-exempt country and are traveling to Canada by air, you still need an eTA even if you are approved for criminal rehabilitation. A CR does not grant you entry into Canada, and does not replace the eTA requirement.
Do I need an eTA if I’m driving into Canada with a criminal record?
No, you should not obtain an eTA if you are not taking a flight to Canada. If you are driving or cruising to Canada with a criminal record, you will instead need to apply for a Temporary Resident Permit (TRP) or Criminal Rehabilitation to be granted entry. An eTA is only required of foreigners travelling by air.
What happens if I have a criminal record and my eTA is denied?
If you have a criminal record and your eTA is denied, you still have options available to you. You can consult an immigration lawyer to explore your options and assist in your application to enter Canada.
Can I travel to Canada without an eTA or visa if I don’t get approved?
No, if you are from a visa-exempt country, and plan to travel by air into Canada, you will absolutely need a valid and approved eTA to board your flight.
To avoid delays and complications, contact us at Canadim today. We will guide you through every step of the way ensuring the best outcome possible.
Contact us for assistance