If you are a felon who wants to go to Canada, there are rules and regulations that could stop you in your tracks unless you have been granted special permissions well in advance.
The Canada Border Services Agency (CBSA) has the final decision on whether to allow or deny your entry, regardless of whether you’re coming for a day trip, an extended vacation, or are looking to move to Canada permanently. This process gets even more complicated if an individual has a felony criminal record, because in most cases, it means they will be automatically criminally inadmissible.
The Canadian government offers solutions for criminal inadmissibility issues through processes like Temporary Resident Permits (also known as entry waivers) and Criminal Rehabilitation, which have varying application requirements, processing times, and fees.
If you or someone you know is trying to go to Canada as a felon, this article is for you. You’ll learn what makes an individual inadmissible to Canada, convictions that may prohibit your entry to Canada, and the application processes involved in traveling to Canada as a felon.
What Makes a Person Inadmissible to Canada?
If you would like to go to Canada, it’s important to understand their unique set of entry requirements, particularly when you have a felony on your criminal record. Almost all US felonies would be classed as serious criminality for the purposes of Canadian immigration, and therefore would make someone automatically criminally inadmissible.
Here’s what Canada’s Immigration and Refugee Protection Act (IRPA) states:
- Inadmissibility on the grounds of Serious Criminality – If someone has been convicted of an act outside of Canada that, if committed in Canada, could be punishable by a maximum term of imprisonment of 10 years or more.
- Inadmissibility on the grounds of Criminality – If someone has been convicted of an act outside of Canada that, if committed in Canada, would be punishable by way of indictment OR having been convicted outside Canada of any two summary offenses not arising out of a single occurrence.
Are There Felonies in Canada?
In Canadian law, crimes are classified as either summary offenses (less serious) or indictable offenses (more serious), similar to misdemeanors and felonies in the US. When evaluating foreign convictions, Canadian authorities will determine which Canadian equivalent applies.
Almost all felonies would be equivalent to an indictable offense in Canada, and therefore, even a single felony conviction would usually make someone automatically criminally inadmissible to Canada.
What Felonies Stop You From Going to Canada?
Individuals convicted of serious crimes will generally not be allowed to enter Canada. This is known as criminal inadmissibility and can only be overcome in a few specific ways. Examples of such crimes include:
- Arson
- Animal cruelty
- Assault or battery
- Breaking and entering
- Bribery
- Child abuse
- Child pornography
- Domestic violence
- Credit card fraud
- Possession, manufacturing, or distribution of drugs
- Driving under the influence of drugs or alcohol (DUI, DWI, DWAI, OUI, OWI)
- Reckless driving
- Embezzlement
- Fraud
- Hate crimes
- Homicide or murder
- Kidnapping
- Money laundering
- Rape
- Robbery
- Tax evasion
- Voluntary manslaughter
Having a criminal conviction, particularly a felony conviction, can significantly impact your ability to enter Canada due to its strict immigration laws and regulations.
For certain crimes, an individual may still be able to enter Canada if they successfully obtain one of the following approvals:
- Obtaining a Temporary Resident Permit (TRP)
- Obtaining Criminal Rehabilitation
- In very rare cases, being Deemed Rehabilitated may also be an option, but most felony convictions will make you ineligible.
How Long After a Felony Can You Go to Canada?
In theory, a Temporary Resident Permit application can be submitted at any time, even if you have just finished your sentence for a felony conviction. However, a TRP requires you to have a valid reason for visiting Canada, such as a family emergency, work event, wedding, or funeral.
Canadian law grants Canadian immigration authorities full discretion when it comes to deciding whether to approve TRPs, and they will only do so if there is clear evidence that an individual’s need to visit Canada outweighs the potential risk they might pose to Canadian society by engaging in criminal behavior.
In the case of Criminal Rehabilitation, which is a much more permanent solution to criminal inadmissibility, five years must have passed since you completed all sentencing requirements for your last conviction. This should include any terms of probation or parole that were attached to your sentence.
How Does Canada Know if You Have a Felony?
If you have a past felony conviction or felony arrest, do not try to hide it at the border, as Canadian authorities have access to a wide range of databases and other records from US government agencies that will detail the past criminal convictions of any American traveller.
These background checks can go back 30-40 years or more, and involve criminal record databases held by local, state, and federal authorities in the United States. Both misdemeanors and felonies will show up.
Attempting to conceal a past criminal offense or arrest from Canadian border agents can have serious consequences, potentially resulting in being denied entry and also facing bans or further legal action.
How to Get Into Canada with a Felony Conviction: A Step-by-Step Guide
To avoid being denied entry to Canada, felons must meet the requirements outlined in the Canadian Immigration and Refugee Protection Act. This act outlines the eligibility criteria for entry and access to Canada and the process for applying for a Temporary Resident Permit (TRP). In addition, the Canadian Immigration and Refugee Protection Act also outlines the process for applying for Criminal Rehabilitation.
To apply to any of the above, felons must have a valid passport, a completed electronic travel authorization (eTA) form, a criminal record check, proof of funds, and documentation of any medical conditions. Felons may also need to provide additional documents, such as an invitation letter from a Canadian citizen or permanent resident, proof of employment, and proof of educational qualifications.
Step One: Hire an Immigration Lawyer
We strongly recommend consulting an immigration lawyer to help obtain Temporary Resident Permits or Criminal Rehabilitation. An experienced law firm can simplify your application process, help answer questions, ensure documents are filled out and submitted correctly, and prevent unnecessary delays.
At Dogen Law, we’ll work with you to compile a strong application that showcases your commitment to leading a law-abiding life and gives you the best possible chance of success.
Step Two: Applying for Criminal Rehabilitation
Applying for Criminal Rehabilitation is an excellent option if it’s been over five years since you’ve completed your sentence for a felony crime. If you’re American, this route will allow you to enter and exit Canadian borders under the same conditions as other US travelers, as long as you don’t commit further offenses in either country.
The applicant must submit an application form along with the required documents, including the following:
- A criminal record check
- Proof of rehabilitation
- Other relevant information
Once the application is submitted, Canada will review and decide on your entry and access to Canada. The applicant may also be asked to attend an interview with a Canadian immigration officer.
Learn more about Criminal Rehabilitation costs and processing times.
Step Three: Applying for a Temporary Resident Permit
If it has been less than five years since the end of your sentence or if you have particular circumstances that mean you have a pressing need to go to Canada, you may be able to get a Temporary Resident Permit or TRP, which is also sometimes known as an entry waiver.
A TRP allows you to enter or remain in Canada but doesn’t have the same permanence as Criminal Rehabilitation. TRPs are generally only valid for the length of your visit to Canada as disclosed at the time of application. You must leave Canada upon expiration or get a renewal.
In other words, a TRP can help individuals who have been denied entry to Canada due to criminal inadmissibility, providing a temporary solution to overcome the refusal of entry.
Applying for a TRP is the same for felons and non-felons. The applicant must complete the online application form and submit the required documents, which include, at a minimum:
- A valid passport
- Proof of funds
- Criminal record check
Learn more about TRP costs and processing times.
How Dogen Law Can Help
If you’re planning to visit Canada but have a past felony record that could make you inadmissible, seeking guidance from an immigration lawyer can significantly simplify the entry process and stop you from being denied entry.
At Dogen Law, we have extensive experience helping clients navigate the various legal pathways to enter Canada. Our team can assist you with applications for Temporary Residence Permits and Criminal Rehabilitation to help you overcome criminal inadmissibility to Canada.
Get in touch today by completing our online assessment to see if you are eligible. If you still have questions about the process, you can also call our toll-free number for more information.
Further Reading
Gain deeper insights into criminal rehabilitation, temporary resident permits, and overcoming criminal inadmissibility to Canada by reading our articles below:
Assault Charges
Border Checks, Criminal Inadmissibility, and Expunged Records
- Crimes That Make You Inadmissible To Canada
- Can Canada Access Expunged Records? Understanding Entry Restrictions
- Understanding Canadian Border Background Checks: What You Need to Know
Criminal Rehabilitation & Temporary Resident Permits
- Get Your Free Criminal Rehabilitation Assessment
- Get Your Free Temporary Resident Permit Assessment
- How Long Does it Take to Get a TRP for Canada?
DUI Resources
- Entering Canada with a DUI: Navigating the Process in 2024
- How does Canada know if you have a DUI?
- Can You Have a Layover in Canada with a DUI: Exploring your Options in 2024
- How Long After a DUI Can You Travel to Canada?
- Can I Enter Canada with a Dismissed DUI Charge?
- Can You Fly to Canada with a DUI?
- Can You Move to Canada If You Have a DUI?
- Can I Go on an Alaskan Cruise with a DUI?
- How does Canada know if you have a DUI?
Felony Resources
