Having a prior driving under the influence (DUI) offence can render you inadmissible to Canada.
If Canadian authorities deem you inadmissible, they may deny you a visa or electronic travel authorization (eTA), or refuse you entry.
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If you plan to travel to Canada and have a past DUI, you can pursue several options to overcome criminal inadmissibility to Canada.
After determining the equivalent Canadian offence, you may be able to
- Apply for a temporary resident permit;
- Make the case for deemed rehabilitation; or
- Apply for criminal rehabilitation.
Read on to learn more about your options.
Do not try to seek entry into Canada, while inadmissible
Seeking entry into Canada while knowing you’re inadmissible is not advisable. If you repeatedly attempt to enter Canada while inadmissible, Canadian authorities may issue you an exclusion order.
Prior to seeking entry, you should take the appropriate steps to overcome your inadmissibility.
Determine the equivalent Canadian offence(s)
For immigration purposes, Canadian authorities convert foreign crimes into the Canadian equivalents. The authorities will consider all aspects of your criminal record (pending charges, warrants, arrests, convictions).
When you seek entry, Canadian authorities will consider the severity of the Canadian equivalent offence(s), the number of offences on your record, and the times at which these offences occurred.
Get a Legal Opinion Letter
If you have a pending charge but haven’t yet been convicted of a crime, you might consider seeking a legal opinion letter.
A Canadian immigration lawyer can write a letter describing the charges against you, drawing legal conclusions, and explaining how a sentence can impact your admissibility. You can use this letter when you present your case to Canadian authorities.
Apply for a temporary resident permit
If you’re inadmissible but have a valid reason for entering Canada, you could apply for a Temporary Resident Permit (TRP).
To be eligible for a TRP, your need to enter Canada must “outweigh the health or safety risks to Canadian society, as determined by an immigration or a border services officer.”
TRP applications have a non-refundable fee of $229.77, and there is no guarantee of success. If your application is successful, you can generally expect your TFP to be granted for the length of your stay in Canada, for a maximum period of up to three years. You must leave Canada by your TRP’s expiry date, or get a new TRP before the old one expires.
If you are a citizen of a country that requires a Canadian visa, you will have to apply for a temporary resident visa (TRV) online in addition to a TRP.
If you are a US citizen, or a citizen of a country that is visa-exempt but requires an electronic travel authorization (eTA), you can apply for a TRP online or at the port of entry.
Check if you qualify for deemed rehabilitation
You can overcome criminal inadmissibility by satisfying Canadian authorities of your rehabilitation. In some cases, you might qualify for deemed rehabilitation: if it has been over 10 years since the completion of your DUI sentence, and you only had a single, non-serious conviction.
If you have more than one non-serious conviction, or your DUI offence occurred after December 2018,* you are not eligible for deemed rehabilitation and will need to apply for criminal rehabilitation.
If you do fit the definition of being “deemed rehabilitated,” you may benefit from using a legal opinion letter to explain your case to border authorities. For any doubt about claiming deemed rehabilitation, it’s best to consult with a lawyer.
*On December 18, 2018 Canada introduced tougher penalties for driving while impaired.
Apply for criminal rehabilitation
Don’t qualify for deemed rehabilitation? You can pursue rehabilitation by applying for individual rehabilitation, also known as criminal rehabilitation.
If your application for criminal rehabilitation is approved, you will no longer be considered inadmissible on account of criminality for the offences you’ve been rehabilitated for.
You are eligible to apply for criminal rehabilitation if you:
- committed the act outside Canada and five years have passed since the act; or
- have been convicted outside Canada and five years have passed since the end of the sentence imposed.
You can find details about how the five-year time period can be calculated here.
In your application, you must demonstrate that you are no longer a risk for criminal activity by providing evidence that the offence was an isolated incident.
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