Inadmissibility
Visiting Canada
criminality
Printed on: July thirtieth, 2025
If you’re an American citizen with a felony in your file, don’t wait till you’re on the border to seek out out that you could be not be allowed entry into Canada.
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Any felony offence might make you criminally inadmissible to Canada regardless of the age or seriousness of the crime. Whether or not that you must enter Canada for a enterprise assembly, household go to or for leisure causes, it is very important keep knowledgeable about your choices to be allowed to enter Canada.
What’s a felony?
A felony is taken into account to be probably the most critical crime in America. Within the US, felony offences are divided into two varieties; misdemeanours and felonies.
Misdemeanours are the much less critical of the 2, and embody crimes akin to easy assault, disorderly conduct, easy possession of marijuana, and petty theft.
Felonies then again, typically end in serving jail time longer than a yr, and embody crimes akin to grand larceny, murder, armed theft and manufacturing/distribution of Schedule 1 medicine.
What counts as a felony in Canada?
Canada doesn’t classify felony offences as felonies or misdemeanours, however Canada treats felony crimes simply as significantly because the US does.
Canada categorizes felony offences in three varieties:
- Abstract offences
- Indictable offences
- Hybrid offences
Felonies are corresponding to indictable offences in Canada as they’re thought-about extra critical of the three. Hybrid offences are offences that may be prosecuted as both indictable or abstract conviction relying on the circumstances of every case. In case your felony from the US has an equal as an indictable or hybrid offence in Canada, you’ll possible be denied entry into Canada as a result of felony inadmissibility. Even when the felony is classed as a hybrid offence and never an indictable offence in Canada, hybrid offences are all the time thought-about to be indictable for the aim of immigration.
Widespread felonies that make you inadmissible to Canada
- Assault
- Driving Underneath the Affect (DUI, DWAI, OWI, DWI)
- Grand theft
- Drug trafficking
- Fraud
- Possession of a managed substance
- Battery
How does Canada know I’ve a felony?
Offences that would not have an equal legislation in Canada OR are equal to abstract offences could not deem you to be inadmissible. Some examples are:
- Possession of Marijuana (lower than 30 grams)
- Felony trespass
- Negligent endangerment
How does Canada know I’ve a felony?
Whenever you enter a international nation, akin to Canada, your passport will likely be screened for any felony historical past that would make you inadmissible on the border.
Whether or not you’re flying, driving or travelling by water to Canada, Canadian Border Companies Company (CBSA) officers might want to confirm your id. When your passport is screened, the CBSA officer can have entry to all FBI databases and felony historical past you could be linked to. They’ll have entry to all your previous and present costs or convictions you’ve gotten confronted in the US. With this info, CBSA officers will decide on a case-by-case foundation whether or not you meet the factors to be criminally inadmissible to Canada. If you happen to possess a felony cost or conviction, you’ll possible be denied entry on the border on this stage.
How do I enter Canada with a felony?
If in case you have a felony in your file, you could be denied on the border and turned away. To be able to enter Canada with a felony, you will want to use for a particular allow. If you happen to comply with the right authorized course of and may present a sound purpose to your journey, Canada could let you enter.
The choices accessible to you’ll rely upon a number of elements akin to the character, timing, and circumstances of your offence.
Non permanent Resident Allow (TRP)
A TRP will allow you to enter Canada briefly for a selected time frame that Canadian immigration officers will deem completely mandatory. There are two methods to use for a TRP, by means of the consulate and thru a port of entry. TRPs are advisable for emergency journeys or if you’re not eligible to use for a Felony Rehabilitation but.
Felony Rehabilitation (CR)
Chances are you’ll be eligible to use for a CR if 5 years have handed for the reason that completion of your most up-to-date sentence. To be able to qualify, you will need to show that you’ve got rehabilitated and show that every one situations of your sentencing have been accomplished efficiently. The applying course of is meticulous and time-consuming, requiring detailed, correct documentation of your felony historical past and supporting proof of rehabilitation. If accredited, felony rehabilitation (CR) can completely resolve your inadmissibility to Canada, until you’re charged with a brand new offence sooner or later. For critical crimes akin to felonies, the Canadian authorities costs a better processing charge ($1,199 CAD as a substitute of the usual $239.75 CAD for much less critical offences; up to date as of July 2025). Contemplating the excessive processing charges and dangers of making use of for a CR, it’s strongly advisable to hunt skilled authorized help.
Is a DUI a felony in Canada?
In Canada, a DUI is a hybrid offence that’s all the time thought-about to be an indictable offence in Canada when figuring out inadmissibility. Even whether it is thought-about to be a misdemeanor within the US, Canada takes all impaired driving costs (DUI, DWI, OWI, DWAI) to be critical criminality as it’s punishable by a most imprisonment of ten years.
If you happen to have been convicted of an impaired driving cost earlier than December 18, 2018, it’s not thought-about to be critical criminality, since on the time it was punishable by a most of 5 years imprisonment in Canada. On this particular circumstance, when you’ve got a single DUI offence in your file from earlier than December 18, 2018, and ten years have handed for the reason that completion of your most up-to-date sentencing, you will be mechanically rehabilitated by the passage of time. Nonetheless, that is solely within the case that your DUI offence did NOT end in any critical harm or demise or different aggravating elements.
Learn extra about coming into Canada with a DUI and rehabilitation by the passage of time.
Does felony DUI make me inadmissible to Canada?
In case your DUI offence was labeled as a felony within the US, as a result of it concerned:
- Critical harm or demise
- Repeated offence
- Different aggravating elements
It is going to undoubtedly make you inadmissible to Canada. You would want stronger supporting paperwork for Felony Rehabilitation or Non permanent Resident Allow that highlights your rehabilitation elements, urgent must enter Canada and different courtroom paperwork associated to the offence. Canadian Border Companies Company (CBSA) officers will have to be satisfied doubtless that you wouldn’t pose a risk to public well being or security.
FAQ
Ought to I rent a lawyer to assist me enter Canada with a felony?
Sure, hiring a Canadian immigration lawyer is very advisable, particularly when you’ve got a felony in your file. An skilled Canadian lawyer will be capable to interpret your felony historical past precisely and decide which allow you qualify for. We may help you put together a powerful software, keep away from frequent errors that always result in refusals and do a radical evaluation for completion. When you can apply alone, errors in your software might result in a everlasting ban from coming into Canada as a result of misrepresentation. A lawyer can enhance your possibilities of success, particularly for critical crimes like felonies.
Can I fly to Canada with a felony?
If you’re travelling by airplane and plan to land at a Canadian airport, a CBSA officer at immigration and customs will assess your criminality totally. If you happen to would not have the right permits to enter Canada, you will have no alternative however to purchase the following accessible ticket again to the US and depart Canada instantly.
Can I drive to Canada with a felony?
If you’re travelling by automobile and plan to cross the border at a Canadian port of entry, a CBSA officer on the land border crossing will assess your criminality totally. If you happen to would not have the right permits to enter Canada, you will have no alternative however to show your automobile round and be denied entry. There may be an possibility to use for a Non permanent Resident Allow (TRP) on the port of entry, nevertheless you will need to have all the full and correct paperwork on the time of journey, and will not be assured approval.
Can I be deemed rehabilitated as a felon?
Typically no, when you dedicated a felony, you’re prone to by no means be deemed rehabilitated. Chances are you’ll solely be deemed rehabilitated when you solely have one conviction in your file that could be a non-serious crime (punishable by lower than 10 years).
How lengthy after a felony can I enter Canada?
It is determined by which kind of software you determine to use for. For a TRP, you could apply at any time, even earlier than it has been 5 years since your conviction so long as you possibly can show a sound purpose for the necessity to journey. Nonetheless, for Felony Rehabilitation, you will need to wait 5 years from the date you accomplished your final sentence of your most up-to-date offence to be able to be eligible to use.
How a lot is it to use for a TRP with a felony?
When making use of for a TRP, the Canadian authorities processing charge as of July 2025, is $239.75 CAD. The price of TRP is identical for all offences, each critical and non-serious.
How a lot is it to use for Felony Rehabilitation with a felony?
When making use of for a CR, the Canadian authorities processing charge is determined by the seriousness of the offence. If you happen to solely have a non-serious crime(s) in your file, the processing charge will likely be $239.75 CAD. Nonetheless, if you’re making use of with a critical crime(s) in your file, your processing charge will likely be $1199 CAD. An offence is taken into account to be non-serious if the equal Canadian legislation is punishable by lower than 10 years. If the equal Canadian legislation is punishable by greater than 10 years, together with most felonies, it’s thought-about a critical crime.
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