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Home»Migrating to Canada»Can I apply for an eTA to Canada with a felony file?
Migrating to Canada

Can I apply for an eTA to Canada with a felony file?

JennifercastroBy JennifercastroAugust 15, 2025No Comments7 Mins Read
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Can I apply for an eTA to Canada with a felony file?
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Inadmissibility
Visiting Canada

  • Dwelling
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  • Making use of for an Digital Journey Authorization (eTA) to Canada with a felony file

criminality

Revealed on: August eleventh, 2025



By: Minseo Kim

Canada is pleased to welcome eligible foreigners for tourism, enterprise, or household visits and has made this course of fast and straightforward for foreigners from visa-exempt international locations with the Digital Journey Authorization (eTA) system. Nonetheless, when you have a previous or ongoing felony file, you will want to take some further steps earlier than you e-book that flight to Canada.

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What’s an eTA?

If you’re a overseas nationwide travelling to Canada, you’ll both want a visa or an Digital Journey Authorization (eTA) to fly to Canada relying on the nation of your citizenship. Acquiring a visa could possibly be a protracted and meticulous course of, so in 2016, Canada launched the eTA system to hurry up the customer screening course of on the airport whereas sustaining safety. You might be often in a position to apply for an eTA shortly on-line by filling and submitting varieties on-line and paying the applying charge of solely $7 CAD. Normally, an eTA is authorised and obtained inside minutes after making use of for these with no felony historical past. The eTA is then linked to your passport and the validity can be confirmed by the airline workers if you find yourself boarding your flight.

Learn extra about digital journey authorizations and who wants an eTA

What makes me criminally inadmissible?

In case you have dedicated or been convicted of a overseas crime that can also be thought-about a criminal offense in Canada, it might make you criminally inadmissible. If there’s an equal Canadian legislation, and it’s an offence punishable as a hybrid or indictable offence, it will make you inadmissible and you’ll probably be denied entry on the border.

Decide whether or not or not you’re thought-about criminally inadmissible in  Are You Criminally Inadmissible to Canada? Or learn extra about felony inadmissibility.

Can I apply for eTA if I’ve a felony file?

Sure, you may nonetheless apply for an eTA when you have a felony file. Nonetheless, you will want to deal with your criminality throughout the utility course of and it isn’t assured to be authorised. Your felony file can be totally assessed and if you’re discovered to be criminally inadmissible, your utility could possibly be refused even if you’re eligible for an eTA.

What are widespread offences that may have an effect on eTA eligibility?

Some widespread offences that may make you criminally inadmissible are:

  1. Driving Offences: Driving Beneath the Affect (DUI), Driving Whereas Intoxicated (DWI), Working Whereas Intoxicated (OWI), Working Beneath the Affect (OUI), Driving Whereas Capability Impaired (DWAI), reckless driving, reckless operation.
  2. Drug offences: Trafficking Narcotics, drug cultivation, drug possession with intent to promote, manufacturing medication
  3. Fraud offences: Id Theft, Fraud, Embezzlement, Forgery, Wire Fraud

Learn extra about being criminally inadmissible with a DUI

What occurs if my eTA is denied attributable to felony inadmissibility?

In case your eTA utility is rejected attributable to a previous or present felony historical past, there are nonetheless choices obtainable so that you can enter Canada:

1. Momentary Resident Allow (TRP)

TRP is an issued doc that enables those that are in any other case criminally inadmissible to enter Canada briefly. It’s essential to exhibit that there’s a passable cause to enter Canada that outweighs the dangers of letting you into the nation. It is a short-term allow, with a restricted time. You may apply at:

  1. At a Canadian consulate
  2. At a Canadian port of entry

Making use of for a TRP has a authorities processing charge of $239.75 CAD.

You do not want an eTA for those who apply for and are granted a TRP to your journey. It replaces the necessity for an eTA, however solely throughout the short-term validity of the TRP.

Learn in additional element concerning the utility course of in Momentary Resident Allow (TRP)

2. Prison Rehabilitation (CR)

If the sentencing of your most up-to-date offence was totally accomplished 5 years in the past, you could possibly be eligible for a felony rehabilitation. If authorised, a CR may grant a everlasting resolution to felony inadmissibility and mean you can be not inadmissible to Canada till you’re charged or convicted of one other offence. Making use of for a felony rehabilitation is a prolonged and meticulous course of that must be full and correct.

Making use of for a CR has a authorities charge of $239.75 CAD for these with non-serious criminality and $1199.00 CAD for these with critical criminality.

You continue to want an eTA for those who apply for and are granted a CR. The authorised CR will resolve the problem of felony inadmissibility, however won’t mechanically grant you entry into Canada.

Learn extra about eligibility and the applying course of in Prison Rehabilitation (CR)

3. Authorized Opinion Letter

A authorized opinion letter is a letter drafted by an immigration lawyer to elucidate your distinctive case to the CBSA officer and justify why you shouldn’t be thought-about inadmissible to Canada.

A authorized opinion letter will help you for those who:

  1. Have a at the moment pending cost
  2. Are crossing the border for the primary time as deemed rehabilitated
  3. Have a non-conviction(s) in your file resembling a dismissed cost, expunged file, deferred imposition, or a pre-trial diversion.

An immigration lawyer can assess your information and make sure that you shouldn’t be thought-about inadmissible. If  a CBSA officer will not be supplied with a transparent group of your felony historical past, you could possibly nonetheless be denied entry.

Learn extra about authorized opinion letters or contact a lawyer to get your criminality assessed instantly. 

Regularly Requested Questions (FAQ)

Do I would like an eTA if I’ve a TRP?

No, the legitimate TRP itself grants you entry into Canada briefly with out the necessity for an eTA.

Do I would like an eTA if I’ve a CR?

Sure, if you’re from a visa-exempt nation and are touring to Canada by air, you continue to want an eTA even if you’re authorised for felony rehabilitation. A CR doesn’t grant you entry into Canada, and doesn’t exchange the eTA requirement.

Do I would like an eTA if I’m driving into Canada with a felony file?

No, you shouldn’t acquire an eTA if you’re not taking a flight to Canada. If you’re driving or cruising to Canada with a felony file, you’ll as a substitute want to use for a Momentary Resident Allow (TRP) or Prison Rehabilitation to be granted entry. An eTA is barely required of foreigners travelling by air.

What occurs if I’ve a felony file and my eTA is denied?

In case you have a felony file and your eTA is denied, you continue to have choices obtainable to you. You may seek the advice of an immigration lawyer to discover your choices and help in your utility to enter Canada.

Can I journey to Canada with out an eTA or visa if I don’t get authorised?

No, if you’re from a visa-exempt nation, and plan to journey by air into Canada, you’ll completely want a legitimate and authorised eTA to board your flight.

To keep away from delays and problems, contact us at Canadim at present. We are going to information you thru each step of the best way guaranteeing one of the best consequence doable.

Contact us for help



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