Can I Travel to Canada with a Criminal Record from Australia?

If an Australian citizen has a criminal history, they will often be blocked from visiting or moving to Canada. In order to fly into Canada, Australians need to obtain an Electronic Travel Authorization (eTA). During the eTA application process, any past arrest or charge will typically lead to increased scrutiny. In most cases, Canadian authorities will request documentation about the offence in order to properly evaluate it. They are primarily focused on whether or not the offence should be treated as a conviction, and if so how it would equate to their laws.

In Canada, many crimes are considered "hybrid" - the Crown can choose to prosecute either summarily or by indictment, depending on factors such as the seriousness of the conduct. For Canadian immigration purposes, hybrid offences are always treated as indictable. This means a substantial percentage of crimes are considered excludable by Canada. Consequently, if you have a past summary conviction in Australia, it is very possible Canada will view it as equivalent to a potentially indictable crime and reject your eTA application on grounds of criminality. Canada's admissibility rules are stringently enforced, so even if it was an isolated incident that was relatively minor it can still block your admittance.

If an individual has a criminal record in Australia and wants access to Canada so they can visit or obtain a Working Holiday Visa, it is possible to file paperwork to overcome inadmissibility. Criminal inadmissibility to Canada can be resolved via Temporary Resident Permit (TRP) or Criminal Rehabilitation (CR), which both involve convincing the Canadian Government that you are safe. A TRP is a short-term entry waiver and requires an important reason for travel such as business or visiting close family. CR is a permanent pardon and is usually preferred over a TRP, but all court requirements must have finished more than five years ago in order to be eligible.

Have a record in Australia and want access to Canada? Fill out our contact form today for a FREE consultation!

How Long Am I Banned from Canada?

Many excludable violations result in a ban of 10 years. For example: possession of a small quantity of illegal drugs, such as cocaine or ecstasy, can block an Australian from visiting Canada for 10 years. Offences that are considered serious criminality by Canada often result in a lifetime ban. For example: if the quantity was large or the individual received an indictable conviction for possession of a controlled substance with intent to distribute, he or she will likely be considered criminally inadmissible for life. Since driving under the influence (DUI) is considered a serious crime in Canada, a mid-range or high-drink drink driving in Australia can now render the offender inadmissible forever unless they apply for a DUI Temporary Resident Permit or DUI Rehabilitation.

In order to obtain an eTA, Australians with an old conviction will usually need to prove to Canada they qualify for the 10-year amnesty. This involves showing the offence should be considered non-serious (such as no intent to sell if it was a drug conviction), proving you have no other arrest history via National Police Certificate (NPC) from the AFP, and proving all sentencing was finished more than 10 years ago via court records. If the Canadian Government reviews your documentation and determines you are eligible for "Deemed Rehabilitated by passage of time" status, they can approve you for an eTA allowing you to fly to their country.

A Legal Opinion Letter from an experienced Canadian immigration lawyer can help an Australian successfully claim Deemed Rehabilitated status. Such a Letter can also be used to argue admissibility in cases where a person was charged with a crime but not convicted, or received an offence that should not be considered excludable by Canada. For example: it can often be argued a low-range drink driving from New South Wales (NSW), Victoria (VIC), Queensland (QLD), or Western Australia (WA) should not equate to a full DUI in Canada.

In general, the bigger the crime the harder it is to obtain a Canadian TRP or Rehabilitation. For example: if an Australian went to prison for assault causing injury, it will likely be harder for them to attain access to the country compared to a person who was found guilty of simple assault and did not spend any time in jail. If a person has an extensive criminal history involving multiple cases, getting approved for access to Canada may be exceedingly difficult.

Crimes That Can Render an Australian Inadmissible to Canada

Here is a list of some common crimes that can prevent Australians from traveling to Canada:

• Drink driving
• Dangerous driving
• Assault
• Theft
• Drug possession
• Drug trafficking
• Harassment
• Vandalism
• Burglary

Moving to Canada on IEC Visa

One of the most popular reasons for someone from Australia to care about admissibility to Canada is because they were hoping to move there on an International Experience Canada (IEC) Visa. Living in Banff, Whistler, Vancouver, or another part of Canada on a Working Holiday Visa can be an amazing experience for a young Aussie, but before you can live in the country any inadmissibility must be resolved. If Immigration, Refugees and Citizenship Canada (IRCC) flags a Working Holiday Visa application due to a criminal history, they will generally deny it unless the applicant can provide evidence their record does not in fact make them inadmissible such as proof all charges were unconditionally dropped or dismissed.

Want to travel to Canada but have a criminal record in Australia? Contact our team today for free information!