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ENTERING CANADA WITH A DUI CONVICTION

In most cases, receiving a conviction for driving under the influence of alcohol or drugs (DUI) will render an individual inadmissible to Canada.

Whether coming to work on a multi-year contract, or just visiting for a day, it is essential that any and all criminal inadmissibility issues are addressed before traveling to Canada.

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The best way to address inadmissibility to Canada varies depending on a number of factors, including:

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  • The number and type of offence(s);

  • When the sentencing for the offence(s) was completed; and

  • The severity of the offence(s).

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There are four different ways to enter Canada with a DUI:

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  • Temporary Resident Permit (TRP): This permit allows an individual to become temporarily admissible to Canada. Individuals whose most recent offence occurred less than five years ago may be eligible for a TRP. Requests for a TRP are processed at Canadian Visa Offices.

  • TRP Issued at the Canadian Border: In certain urgent circumstances, a TRP can be issued at the Canadian border.

  • Permanent Rehabilitation: This process allows an individual to permanently resolve their inadmissibility issue. Individuals who completed sentencing more than five years ago may be eligible for Permanent Rehabilitation.

  • Deemed Rehabilitation: If an individual received a single DUI conviction, and more than 10 years have passed from the completion of his or her sentencing, he or she may be eligible to enter Canada without needing to go through the rehabilitation process.

 

Choosing the best path for overcoming inadmissibility requires a careful reading of criminal and immigration laws in both Canada and the country where the offence was committed.

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