A past conviction for driving under the influence (DUI) can make it difficult to enter Canada. Under Canadian immigration law, a DUI is considered a criminal offence, which may render an individual inadmissible. If deemed inadmissible, you could be denied a visa, electronic travel authorisation (eTA), or even entry at the border.
However, there are legal pathways to overcome this inadmissibility. If you have a DUI on your record and plan to travel to Canada, it’s essential to understand your options. This guide outlines the steps you can take to gain entry into Canada despite a DUI conviction.
Understanding Criminal Inadmissibility
Canadian immigration authorities assess criminal records based on the equivalent offence under Canadian law. The severity of the offence, the number of offences on record, and the time elapsed since the conviction all play a role in determining admissibility.
Suppose you attempt to enter Canada without addressing your inadmissibility. In that case, border officers may deny your entry and could even issue an exclusion order, which bans you from re-entering Canada for a specified period. Taking proactive legal steps before travel is crucial.
Legal Options for Overcoming DUI Inadmissibility
1. Apply for a Temporary Resident Permit (TRP)
A Temporary Resident Permit (TRP) allows individuals with criminal inadmissibility to enter Canada for a specific reason.
- A TRP is granted at the discretion of Canadian immigration authorities and is only issued if the applicant demonstrates a valid reason for travel that outweighs the risks to Canadian society.
- TRPs can be granted for up to three years, depending on the circumstances.
- The application fee for a TRP is CAD 229.77 and is non-refundable.
- If you are from a country requiring a visa, you must apply for both a TRP and a Temporary Resident Visa (TRV).
- U.S. citizens and visa-exempt travelers requiring an eTA can apply for a TRP online or at a Canadian port of entry.
2. Determine Eligibility for Deemed Rehabilitation
Some individuals may be considered “deemed rehabilitated” if enough time has passed since their conviction.
- If at least 10 years have passed since the completion of the DUI sentence and it was a single, non-serious offence, you may be eligible.
- Those with multiple offences or convictions after December 18, 2018, do not qualify for deemed rehabilitation and must seek alternative options.
- A legal opinion letter from an immigration lawyer may help clarify your status when presenting your case at the border.
3. Apply for Criminal Rehabilitation
Criminal rehabilitation is a permanent solution that removes your inadmissibility status if approved.
- To be eligible, five years must have passed since the completion of your sentence.
- Unlike a TRP, criminal rehabilitation is a one-time process, meaning you won’t need to reapply in the future.
- The application process requires proof that the offence was an isolated incident and that you no longer pose a risk.
- Approval means you are no longer considered criminally inadmissible for the specific offence.
4. Obtain a Legal Opinion Letter
If you have pending charges but no conviction, a legal opinion letter from a Canadian immigration lawyer can help explain your situation to border authorities.
- This letter outlines the charges against you and how they relate to Canadian law.
- It may strengthen your case when presenting your admissibility to Canadian officials.
Final Thoughts
If you have a DUI on your record and plan to travel to Canada, addressing your inadmissibility in advance is crucial. Whether you apply for a TRP, seek deemed rehabilitation, or pursue criminal rehabilitation, taking the right legal steps can improve your chances of entry.
For the best results, consider consulting an experienced immigration lawyer to navigate the process effectively. Proper preparation can make the difference between being granted entry or being turned away at the border.
