How to Enter Canada Even If You Have a Criminal Record

• The seriousness of the offence.
• The sentence imposed.
• How much time has passed since the offence was committed, or since the sentence was completed.

Summary Offences

Similar to minor offences in Japan, these are the less serious offences in Canada. They are minor offences characterized by quick procedures and lower penalties. If you have a single minor offence and it is equivalent to a summary offence under Canadian law, you may be allowed to enter.
To determine whether an indictable offence counts as “Criminality” or “Serious Criminality,” immigration authorities look at the maximum penalty for that offence under Canadian law. If an offence committed in Japan would carry a maximum sentence of 10 years or more of imprisonment had it been committed in Canada, it falls under “Serious Criminality.”
Examples of summary offences include causing a disturbance, indecent exposure and loitering.

Indictable Offences

These are more serious offences in Canada, similar to serious crimes in Japan. They are equivalent to serious crimes, and if an offence falls under serious criminality, entry becomes difficult. Examples include robbery and aggravated assault.
Examples of indictable offences include robbery, drug trafficking and aggravated assault.

Hybrid Offences

Despite differences in criminal justice systems, for immigration purposes Canadian authorities treat hybrid offences in the same way as indictable offences. They have aspects of both minor and serious offences, and Canadian immigration treats them as serious offences.

Cases of Criminal Inadmissibility

In general, foreign nationals who do not hold Canadian citizenship or permanent residence are deemed criminally inadmissible in cases such as the following.

• Conviction for an indictable offence in Canada: You committed an act constituting an indictable offence in Canada and were convicted.
• An offence outside Canada that is equivalent to an indictable offence in Canada: You were convicted of a criminal act in another country that would be considered an indictable offence in Canada.
• Committing an act outside Canada that constitutes an indictable offence in Canada: Even if you were not actually convicted, the act would constitute an indictable offence under Canadian law.

Cases Deemed Inadmissible Even Without a Conviction

After an arrest: Even if you have been arrested abroad and are awaiting formal charges or a final verdict, you may be deemed criminally inadmissible.

Multiple Summary Offences

If you have been convicted of two or more summary offences (not arising from the same incident), you may be deemed inadmissible.

Information Sharing with the U.S. Government

Canada and the United States share criminal record information through travel documents. People travelling from the U.S. to Canada must present their passport or visa to a border officer at the port of entry.
These documents give border officers access to criminal records, and you may be questioned or refused entry. If you have a criminal record, you may be flagged and pulled aside when entering Canada.

When Applying for an eTA

Travellers from visa-exempt countries such as Japan who have a criminal record must declare it when applying for an eTA, and may not be able to obtain an eTA. Making a false declaration may result in serious penalties later.

Submitting Police Certificates

When applying for Canadian permanent residence, you must submit the following documents.

• A police certificate from the country where you currently live.
• Police certificates from any country where you have lived for 6 months or more in a row since the age of 18.

These police certificates provide immigration authorities with details of your criminal record.

When Applying for a Visa

When applying for a work permit or study permit, you are required to declare your criminal record. Applicants from some countries must submit a police certificate, and applicants from other countries may be asked to submit a police certificate as a supporting document during processing.

If a Canadian permanent resident commits an offence that falls under Serious Criminality, they may be deemed inadmissible and become subject to removal from Canada.
On the other hand, foreign nationals without permanent residence may be refused entry if their offence falls under either general Criminality or Serious Criminality. For example, the following two are considered serious criminality and may result in the loss of permanent residence.

• A permanent resident commits theft over $5,000
• Driving under the influence of alcohol