Navigating DUI Inadmissibility to Canada: Your Path to Overcoming Barriers
Having a past conviction for driving under the influence (DUI) can render you inadmissible to Canada. This can result in a refusal of your visa, electronic travel authorization (eTA), or even denied entry at the border.
What Can You Do if You Have a DUI on Your Record?
When Canadian authorities assess your admissibility, they will consider the equivalent Canadian offence and its severity. Depending on the situation, you may be eligible to apply for one of the following:
Temporary Resident Permit (TRP)
Deemed Rehabilitation
Criminal Rehabilitation
Keep reading to learn more about each option and how they could help resolve your inadmissibility.
Don’t Enter Canada While Inadmissible
Attempting to enter Canada while knowing you are inadmissible is risky. If you try to enter repeatedly while inadmissible, Canadian authorities may issue an exclusion order, which could bar you from entering for a period of time.
Step One: Determine the Equivalent Canadian Offence
For immigration purposes, Canadian authorities treat foreign crimes as their Canadian equivalents. They will evaluate all aspects of your criminal record, including pending charges, convictions, arrests, and warrants.
When assessing your case, IRCC will look at the seriousness of the Canadian equivalent offence, how many offences are on your record, and when the offences occurred.
Get a Legal Opinion Letter
If you’re facing pending charges but haven’t been convicted yet, seeking a legal opinion letter from a Canadian immigration consultant is a wise step. This letter outlines the charges, explains the potential consequences, and addresses how your sentence could impact your admissibility.
This legal opinion can be valuable when presenting your case to Canadian immigration officials.
Apply for a Temporary Resident Permit (TRP)
If you have a valid reason to visit Canada despite your inadmissibility, you can apply for a Temporary Resident Permit (TRP). To qualify, your need to enter Canada must outweigh any potential health or safety risks to Canadian society, as assessed by an immigration officer or border services agent.
A TRP costs $229.77 (non-refundable), and approval isn’t guaranteed. If granted, the permit is usually valid for the length of your stay, up to three years. Remember, you must leave Canada by the permit’s expiration date, or apply for a new TRP before it expires.
For visa-required countries: You must apply for a temporary resident visa (TRV) alongside your TRP.
For visa-exempt countries: If you're a U.S. citizen or from another visa-exempt country that requires an eTA, you can apply for the TRP online or at the port of entry.
Check Eligibility for Deemed Rehabilitation
In certain cases, you may be able to overcome criminal inadmissibility through deemed rehabilitation. If it's been over 10 years since you completed your DUI sentence, and you only have one non-serious conviction, you might qualify.
However, if you have multiple non-serious convictions or your DUI occurred after December 18, 2018 (when Canada introduced stricter penalties for impaired driving), you won’t qualify for deemed rehabilitation and must apply for criminal rehabilitation instead.
If you meet the criteria for deemed rehabilitation, a legal opinion letter can help clarify your case to Canadian border authorities. Always consult with a lawyer to be certain about claiming deemed rehabilitation.
Apply for Criminal Rehabilitation
If you don’t qualify for deemed rehabilitation, you can apply for criminal rehabilitation. If approved, this process removes your inadmissibility for the offences you’ve been rehabilitated for.
To be eligible for criminal rehabilitation, one of the following must apply:
You committed the offence outside Canada, and five years have passed since the act.
You were convicted outside Canada, and five years have passed since you completed your sentence.
The five-year period is crucial in the application process, and you’ll need to provide evidence that you are no longer a risk to Canadian society.
By understanding the steps and options available to you, you can navigate the complexities of criminal inadmissibility and work toward overcoming any barriers to entry into Canada.
About the Author: Lauren Shannan is a Senior Immigration Consultant with 10 years of experience helping foreign nationals navigate their journey in Canada. With her extensive knowledge of immigration processes and policies, Lauren provides valuable insights to those looking to make Canada their new home.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. For personalized advice, please consult with a licensed immigration professional.