Canada DUI Entry: Can I visit Canada with a DUI? | Free Consultation
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Are you planning to enter Canada with a DUI conviction?
THE MILLENNIUM IMMIGRATION can assist you.
Typically, a DUI conviction can lead to criminal inadmissibility in Canada. Whether you’re coming for a long-term work contract or just a short visit, it’s crucial to address any inadmissibility concerns before traveling.
Fortunately, the Canadian government offers various pathways to help you overcome these issues. The Millennium Immigration is here to guide you in finding the best option for your situation.
Table of Contents
- Canada DUI Law as it Relates to Immigration
- Types and Number of Offences
- Possible Solutions for Canada DUI Entry
- Can you Enter Canada 10 Years after your DUI Conviction?
- Frequently Asked Questions
Canada DUI Law as it Relates to Immigration
According to Canadian immigration law, any charge related to operating a vehicle while impaired by alcohol can result in criminal inadmissibility to Canada. The most effective way to address this inadmissibility depends on several factors, including:
The number and nature of the offence(s)
When the sentence for the offence(s) was completed
The seriousness of the offence(s)
Types and Number of Offences
Drunk driving charges can be categorized in various ways globally. Some common designations for driving while impaired include:
Driving Under the Influence (DUI)
Driving While Impaired (DWI)
Driving While Ability Impaired (DWAI)
Operating While Intoxicated (OWI)
Operating a Motor Vehicle While Intoxicated (OMVI)
Wet Reckless
Boating Under the Influence (BUI)
When assessing your admissibility, Canada will review your criminal history, which may include arrests, warrants, pending charges, and convictions. However, the focus is not solely on the specifics of your offence but rather how it is interpreted under Canadian law.
Canada emphasizes the equivalent offence within its legal framework. For instance, an American citizen with a misdemeanor drunk driving conviction could still face criminal inadmissibility in Canada due to the Canadian equivalent.
Additionally, having multiple DUI charges can significantly affect your chances of gaining temporary entry into Canada. Individuals with several charges or convictions may be viewed as a higher risk for reoffending and may undergo increased scrutiny by Canadian immigration officials.
Possible Solutions for Canada DUI Entry
There are four primary ways for individuals with a past DUI conviction to enter Canada:
1. Temporary Resident Permit (Consulate)
This permit enables temporary admissibility to Canada. Individuals whose most recent DUI occurred less than five years ago may qualify for a TRP, which is processed at Canadian Visa Offices.
2. Temporary Resident Permit (Port of Entry)
In urgent situations, a TRP can be issued at a Canadian port of entry, such as airports or border crossings staffed by Canadian immigration officials.
3. Criminal Rehabilitation
This process allows individuals to permanently resolve their inadmissibility issues. Those who completed their sentencing more than five years ago may be eligible for Criminal Rehabilitation.
4. Deemed Rehabilitation
If an individual received a single DUI conviction prior to 2018, and more than ten years have passed since completing their sentence, they may be eligible to enter Canada without undergoing the rehabilitation process.
Temporary Resident Permit (TRP)
Under Five Years Since Completion of DUI Sentence
If it has been less than five years since completing the DUI sentence, the individual must apply for a TRP to enter Canada legally. This temporary waiver allows individuals who are otherwise inadmissible to enter the country for up to three years.
To be granted a TRP, applicants must provide a valid reason for their visit, and immigration authorities must not perceive them as a threat to Canadian society. Given the subjective nature of this assessment, it’s crucial to submit a well-prepared and compelling TRP application.
More than Five Years but Less than Ten Years Since Completion of DUI Sentence
If it has been over five years but less than ten since the completion of the sentence, individuals may apply for Criminal Rehabilitation. If approved, they will have a clean slate, allowing them to enter and exit Canada freely, provided they don’t commit further offences and comply with visa requirements.
To qualify for Criminal Rehabilitation, applicants must demonstrate that they have positively changed since their conviction and are unlikely to reoffend. Approval is based on immigration authorities’ subjective assessment, making it essential to prepare an application that aligns with their expectations for a rehabilitated individual.Ten Years or More Since Completion of DUI Sentence
If ten years or more have passed since completing the sentence, individuals could be deemed rehabilitated due to the passage of time and may be admitted to Canada. This is applicable only to those with a single, non-serious conviction.
However, challenges can still arise in this scenario, as border officials have significant discretion in their duties and may refuse entry even if the individual is deemed rehabilitated.
To navigate this potential issue, obtaining a legal opinion letter from an experienced Canadian immigration attorney can be beneficial.
Can you Enter Canada 10 Years after your DUI Conviction?
Canada’s laws regarding driving under the influence (DUI) changed in December 2018, categorizing DUI offenses as serious criminality.
Previously, individuals could have a DUI conviction removed from their record ten years after completing their sentence, allowing them to be deemed rehabilitated for entry into Canada. However, this is no longer the case.
If you received a DUI after December 18, 2018, you must apply for clearance before entering Canada.
For those with past DUI convictions, the Temporary Resident Permit (TRP) and Criminal Rehabilitation applications provide potential short-term and long-term solutions. It’s advisable to consult with a Canadian immigration lawyer to determine which option best meets your needs.
About THE MILLENNIUM IMMIGRATION
THE MILLENNIUM IMMIGRATION is a leading immigration law firm in Canada, boasting over 11 years of experience and a dedicated team of more than 60 Canadian immigration attorneys, paralegals, and other professionals.
Our firm specializes in helping clients navigate inadmissibility issues. Our experienced team will assess your unique situation and prepare the strongest possible application for submission to Canadian immigration authorities.
Founded in 2013, themillenniumimmigration.com serves as our online resource, providing trusted information on immigration to Canada. Connect with us to find the support you need for your inadmissibility concerns.