Most people assume a criminal record means they cannot enter Canada at all. In fact, you may still be able to visit: eTA just is not the route. The answer to whether you can still come depends entirely on which category your situation falls into, and each category has a different path forward. This article works through the diagnosis first, then the real options.
If you have a criminal conviction or a previous refusal on your record, an eTA application will almost certainly be refused. There is no appeal process for a refused eTA. So before you submit, it is worth spending twenty minutes here to understand whether you are eligible at all: because submitting when you are not only closes a door without opening another one. If you are ready to apply for a Canada eTA, make sure your situation is clear first.
Offences and refusals that automatically disqualify you from eTA approval
The eTA system is built on a declaration and a background check. When either surfaces an inadmissibility flag, the application is refused. The categories that trigger that flag are broader than most people expect.
Criminal inadmissibility covers both minor and serious offences: theft, assault, manslaughter, dangerous driving, driving while under the influence of drugs or alcohol, and possession or trafficking of drugs or controlled substances all qualify. The list is not limited to violent crime. A single drink-driving conviction from years ago is enough.
Previous refusal of entry to Canada also feeds directly into eTA refusal. If you were turned away at the border or refused a visa before, that history is visible to the system and will affect your application.
Misrepresentation is its own category. Providing false information or withholding information related to an immigration decision counts as misrepresentation under Canadian law, and it leads to inadmissibility independently of whatever the original application was about. If a previous refusal involved a finding of misrepresentation, that is a more serious problem than a straightforward refusal.
Medical inadmissibility (where a condition was found to endanger public health or safety, or to place excessive demand on health or social services) can also block entry, though this category operates differently from criminal inadmissibility and the path through it is distinct.
One partial exception: a conviction for a crime committed when you were under 18 may still allow entry. This is worth exploring if it applies to you, but it is not automatic.
What ‘inadmissibility’ means and how it triggers eTA rejection
Inadmissibility is the legal status that sits behind the refusal. It means you are not permitted to enter Canada under the Immigration and Refugee Protection Act. The practical consequence is that a visa, an eTA, and entry at the border can all be denied on the same grounds.
The eTA application asks you to declare criminal history and previous refusals. If you answer truthfully and a disqualifying record exists, the application is refused. If you answer untruthfully, you create a misrepresentation finding that follows you into every future application: and that is genuinely harder to overcome than the original offence.
An important distinction: inadmissibility does not mean permanently barred. It means you need a different route than eTA, and in most cases that route exists. The question is which one applies to your situation and how long it takes.
For context on what happens after a refusal lands in your inbox, the article on what to do after a Canada eTA refusal covers the immediate next steps.
Your three paths forward: applying for a visitor visa instead, criminal rehabilitation, or deemed rehabilitation
Here is where the branching actually matters. Your situation determines which path is open.
Path 1: Visitor visa (temporary resident visa)
A visitor visa is an official document placed in your passport that shows you meet the requirements to travel to Canada. Unlike an eTA, a visitor visa application is reviewed by an officer who can weigh your full circumstances (including a criminal history) rather than being processed automatically. This is the first option worth considering if your inadmissibility is relatively minor or if you have a compelling reason to travel.
The processing fee is $100 for an individual. Biometrics are also required, at $85 for an individual, and biometrics processing time is separate from the main application processing time. Your passport should be valid for at least six months from your planned travel date. Most applications are submitted online.
A visitor visa does not erase your inadmissibility. It is a discretionary decision by an officer that your need to visit outweighs the concern. The stronger your ties to your home country and the clearer your travel purpose, the better that assessment tends to go.
Path 2: Criminal rehabilitation
If at least five years have passed since the end of your criminal sentence (including probation), you can apply for individual rehabilitation. Approval means the inadmissibility is formally resolved. After that, an eTA or visitor visa application proceeds without the criminal history as a live obstacle.
To qualify, you need to show that you have been rehabilitated and are highly unlikely to commit further offences. The application goes by mail or courier to the visa office responsible for your region. It cannot be submitted online. Processing typically takes over a year. That is not a pessimistic estimate; it is the realistic one, and planning around it matters.
One sequence point that catches people: you must receive rehabilitation approval before applying for an eTA. Applying for the eTA first, while rehabilitation is pending or unapproved, will result in the eTA being refused.
Path 3: Deemed rehabilitation
If enough time has passed since your sentence was served and the offence was not serious, you may qualify as deemed rehabilitated without a formal application. The key condition is that the crime committed outside Canada must carry a maximum prison term of less than ten years if it had been committed in Canada.
Deemed rehabilitation applies automatically when the criteria are met, but it is not always obvious whether your specific offence qualifies. The nature of the offence, the number of offences, and the time elapsed all factor in. If you are unsure, this is exactly the kind of question an immigration lawyer can answer quickly.
The temporary resident permit (TRP)
There is a fourth option that sits outside the three main paths: a temporary resident permit. This is available when it has been less than five years since the end of your sentence, or when you have a valid reason to be in Canada that an officer determines outweighs the health or safety risk to Canadian society. A TRP is not a rehabilitation. It is a one-time or short-term permission. Even for minor inadmissibility, you still need to show your visit is genuinely justified.
Timeline and cost reality for each path
| Situation | eTA eligible? | Can apply for visitor visa? | Need rehabilitation? | Realistic timeline |
|---|---|---|---|---|
| Criminal conviction, sentence ended 5+ years ago | No (until resolved) | Yes, or may be deemed rehabilitated | Possibly not, check deemed rehab criteria | Visitor visa processing varies; deemed rehab assessment can be done before applying |
| Criminal conviction, sentence ended less than 5 years ago | No | Yes, or consider TRP | Not yet eligible for individual rehab | Visitor visa or TRP processing varies |
| Previous visa refusal (not misrepresentation) | No | Yes | No, but refusal history must be disclosed | Processing varies depending on application completeness |
| Previous refusal involving misrepresentation | No | Possible, but more difficult | No, but misrepresentation is its own inadmissibility ground | Longer; legal advice strongly recommended |
| Medical inadmissibility | No | Possibly, with medical exam | Not applicable, different process | Depends on medical exam results; exam results valid for 12 months |
Visitor visa processing times vary based on application completeness, volume, and how easily your information can be verified. Building in several months is prudent; building in weeks is not.
Mistakes that get people turned away or set further back
Applying for an eTA without resolving inadmissibility first. The refusal is recorded and there is no appeal. A refused eTA application is recorded in your immigration history.
Assuming a foreign pardon clears the path automatically. A record suspension or discharge from another country does not automatically resolve inadmissibility in Canada. Whether it is valid in Canada depends on the specific country and the nature of the pardon. This needs to be confirmed with the visa office serving your country of residence before you apply for anything.
Applying for an eTA while a rehabilitation application is still pending. The rehabilitation has to be approved first. Submitting an eTA application in parallel, hoping one of them works out, results in the eTA being refused and the rehabilitation timeline being unaffected.
Underestimating how far back the record check goes. A conviction from fifteen years ago in another country is not invisible. Assume it is known.
Leaving the visitor visa application until the last few weeks before travel. Visitor visa processing does not include biometrics time, and biometrics appointments are not always available immediately. If you need a visitor visa, start the process months before your intended travel date, not weeks.
When to consult an immigration lawyer (and when you must)
For a straightforward criminal inadmissibility with a clear timeline (sentence ended, five-plus years elapsed, single offence), you can often navigate the visitor visa or rehabilitation process without legal help. The forms are detailed but workable.
There are situations where legal advice is not optional. If your previous refusal involved a finding of misrepresentation, get legal advice before submitting anything. Misrepresentation findings are serious and can affect future applications. If you were previously deported, you may need an Authorization to Return to Canada before any other application is relevant, and that process requires careful handling.
The difference between a lawyer being useful and a lawyer being necessary usually comes down to whether the inadmissibility is clear-cut or contested. When it is contested (when you disagree with the grounds, when the record is ambiguous, when misrepresentation is involved) professional advice pays for itself.
If your situation involves dual citizenship and you are unsure which passport to use for any application, the article on applying for a Canada eTA with dual citizenship is worth reading before you proceed.
Action Steps
Identify your inadmissibility category. Criminal conviction, previous refusal, misrepresentation, or medical: each one has a different path. Do not proceed until you know which applies.
If criminal inadmissibility: calculate your timeline. When did your sentence (including probation) end? If five or more years have passed and the offence carries a maximum Canadian prison term of under ten years, check whether deemed rehabilitation applies before doing anything else.
If deemed rehabilitation may apply: confirm the offence classification with a lawyer or the visa office before applying for an eTA or visitor visa. This step costs relatively little and can save the application.
If you need individual rehabilitation: submit that application by mail or courier to the responsible visa office first. Do not apply for an eTA until you have written confirmation of approval. Build over a year into your planning.
If the visitor visa route is appropriate: gather your valid passport (at least six months of remaining validity), prepare to pay the $100 processing fee and $85 biometrics fee, and book a biometrics appointment early. It sits outside the main processing time.
If misrepresentation or security grounds are involved: consult an immigration lawyer before submitting any application. This is the one case where the sequence matters most and the consequences of getting it wrong are hardest to reverse.
Once rehabilitation is confirmed or a visitor visa is approved: check your eTA status if an eTA application is part of your path, and verify that all passport details on any application match your travel document exactly before you book flights.