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Published on: Dec 06, 2019

Introduction

Applicants with previous criminal history who wish to enter Canada for tourism, business or transit purposes by using the country’s electronic Travel Authorization (eTA) should be aware of the relevant form questions on criminal history. Fortunately, unlike other online travel authorizations, allows applicants greater flexibility in how they can clarify their answers to the questions and provide supporting evidence when requested.

Can I get approved for a Canada eTA with a criminal record?

The eTA background question on criminal history

The question on the Canada eTA application that is relevant to individuals with previous criminal history is as follows:

“Have you ever committed, been arrested for, been charged with or convicted of any criminal offence in any country/territory?”

Any arrest, charge, conviction or criminal conviction will require applicants to answer ‘yes’ to the question and provide additional information to IRCC for consideration. Additionally, IRCC asks eTA applicants to disclose previous criminal activity that may not have resulted in an arrest, charge or conviction. Applicants should bear in mind this question is intended to cover criminal activity in any country, not only their home country or Canada. Canadian authorities have access to numerous criminal record databases such as those managed by Interpol as well as security and law enforcement entities in the United States, European countries and others. Thus, applicants are advised to not mislead nor provide false information on their applications regarding previous criminal history.

After answering “yes” to the above question, applicants will be prompted to provide clarification of their criminal history in a text field. However, an applicant’s remarks about their criminal history may not be sufficient to process the application. In such instance, Immigration, Refugees and Citizenship Canada (IRCC) will contact the applicant to provide evidence of any spent convictions. IRCC sends this notification through what is called a GCKey request.

What is a GCKey request and why may I be required to create one?

A GCKey is the digital identification used by the Canadian Government to manage Canadian eTA and visa applications. A GCKey enables applicants to use IRCC online services for submitting documents and other information. IRCC will be specific in their request for documents in the GCKey request. For instance, IRCC may ask for proof of a spent conviction or a certificate of clear criminal record from the police department of the applicant’s home country or city. Applicants can go beyond the minimum requirements specified in the GCKey request. In some instances, applicants have submitted independent legal opinions to IRCC around the nature of their crime to help support their applications. You should aim to respond to a GCKey request as soon as possible. Not responding within the designated deadline will result in the cancellation of your eTA application.

Eta Call Recorder

Can you travel on a Canada eTA with a previous drug conviction?

Yes, your eTA application may be approved. You will need to specify the circumstances around the conviction, such as if you were using the drug or involved in the distribution and sale of any drugs. You can mention details regarding any sentencing however it is likely you will need to provide further evidence in the GCKey request.

Can you travel on a Canada eTA with a drunk driving conviction?

Yes, even if you have a previous drunk driving conviction your eTA can still be approved. You can specify the details of the conviction when prompted on the application form. You may still receive a GCKey request if your answer on the form is not sufficient.

Can you travel on a Canada eTA with an assault charge?

Yes, your eTA may still be approved depending on the circumstances around the arrest or conviction. It is likely you will receive a GCKey request but you should still describe the details of the assault on your application to the best of your ability.

Can you travel on a Canada eTA with a suspended or spent sentence?

Yes, you will need to specify the actual crime which you were convicted of committing. IRCC will most likely email a GCKey request for additional information on the criminal charges based on your answer.

How can I obtain a Police Certificate to show my criminal record?

The Canadian Government website provides an online tool for information on how to get a police certificate for most countries. You will need to follow the instructions and submit a police certificate with a GCKey request, or link to the certificate using a cloud storage account (e.g. DropBox or GoogleDrive) and include the link on your eTA application form.

Can I travel to Canada without an eTA or visa if I don’t get approved?

No, if you do not hold a valid Canada eTA or visa you will not be allowed to board a plane to Canada.

Factors affecting your approval for an eTA with previous criminal history

The list below is not exhaustive yet provides indication of the factors IRCC is considering when considering an eTA application.

  • Date of the conviction and how many years have passed since last instance of criminal activity
  • Applicant’s age at the time of the arrest or conviction
  • Existence of criminal record on INTERPOL or other international databases
  • Societal impacts of the crime
  • Violent nature of the crime
  • Monetary value of criminal activities or damages
  • Rehabilitation of the applicant after the conviction
  • Contribution to society or community after the conviction

Conclusion

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Canada eTA applicants with a criminal record have a considerable chance to have their eTA applications approved. IRCC allows applicants to specify the circumstances of their criminal history on the eTA application form. The answers submitted on the eTA form, along with any evidence submitted via a GCKey request, will be considered by IRCC when processing the eTA application.

Your eTA is linked to the passport you used to apply. You need to present this passport when you check-in to your flight to Canada. You don’t need to print out any special document.

The airline staff will scan your passport to confirm that you have a valid eTA. If you don’t have one, you won’t be able to board your flight.

You arrive in Canada

Identity check

While a valid eTA allows you to board your flight to Canada, when you arrive, we’ll check your identity to make sure that you’re the same person who was approved to travel to Canada.

  • If you enter Canada at one of 10 major Canadian airports
    • Your fingerprints will be checked automatically at a primary inspection kiosk.
    • The system will check your identity against the information collected when your application was submitted.
  • If you enter Canada at smaller airports and all land ports of entry
    • Your fingerprints may be checked if we refer you to a secondary inspection, where a border services officer will use a fingerprint verification device to check your fingerprints.

Have your documents ready

When you arrive in Canada, you’ll be greeted by an officer from the Canada Border Services Agency (CBSA). The officer will ask to see your passport and travel documents.

Minor children

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Children under 18 must travel with appropriate documents and meet the same entry requirements as adults. The BSO may ask minor children to present other documents depending on whether the child is travelling alone or with someone. Find out about the specific requirements for minor children.

You enter Canada

If you pass the identity check and meet the entry requirements, the border services officer may stamp your passport or let you know how long you can stay in Canada. You’re normally allowed to stay in Canada for up to 6 months.

In some cases, the officer may limit or extend your time in Canada to cover the planned purpose of your visit. Ask questions if you’re not sure about something.

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You won’t be allowed into Canada if you give false or incomplete information. You must convince the officer that:

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  • you’re eligible for entry into Canada
  • you’ll leave Canada at the end of your approved stay

If you don’t obey the conditions of your eTA or other status document, we’ll ask you to leave Canada. Most people asked to leave Canada have the right to a fair hearing to review the decision.

To visit Canada, you will need to meet some basic requirements, such as:

  • have a valid travel document, such as a passport,
  • be in good health,
  • have no criminal or immigration-related convictions,
  • convince an immigration officer that you have ties—such as a job, home, financial assets or family—that will take you back to your home country,
  • convince an immigration officer that you will leave Canada at the end of your visit, and
  • have enough money for your stay. (The amount of money you will need can vary. It depends on things such as how long you will stay, and whether you will stay in a hotel, or with friends or relatives.)

Inadmissibility

Some people are inadmissible—they are not allowed to come to Canada. Several things can make you inadmissible, including involvement in criminal activity, in human rights violations or in organized crime.

You can also be inadmissible for security, health or financial reasons. Find out more about inadmissibility.

Most visitors can stay for up to 6 months in Canada.

At the port of entry, the border services officer may allow you to stay for less or more than 6 months. If so, they’ll put the date you need to leave by in your passport. They might also give you a document, called a visitor record, which will show the date you need to leave by.

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If you don’t get a stamp in your passport, you can stay for 6 months from the day you entered Canada or until your passport expires, whichever comes first. If you need a stamp, you can ask a border services officer for one. If you arrive at an airport that uses primary inspection kiosks, ask the border officer after you finish at the kiosk.