Having a prior driving under influence (DUI) offense can render you inadmissible to Canada. If Canadian authorities deem you inadmissible, they might deny you a visa or electronic travel authorization or refuse entry. This blog covers your options for entering Canada if you have a DUI. 

After determining the equivalent Canadian offense, you might be able to: 

  • Apply for a temporary resident permit 
  • Make the case for deemed rehabilitation 
  • Apply for criminal rehabilitation

Let us discuss this in detail. 

Do Not Try To Seek Entry Into Canada, While Inadmissible 

Seeking entry into Canada while knowing you are inadmissible is not advisable. If you repeatedly attempt to enter Canada while inadmissible, Canadian authorities might issue you an exclusion order. 

Before seeking entry, you must take the appropriate steps to overcome your inadmissibility. 

Determining The Equivalent Canadian Offense  

Another one of the many options for entering Canada if you have a DUI is determining the equivalent Canadian offense. 

For immigration purposes, Canadian authorities convert foreign crimes into Canadian equivalents. The authorities will consider all aspects of your criminal record.

When you seek entry, Canadian authorities will consider the severity of the Canadian equivalent offense, the number of offenses on your record, and the times at which these offenses 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 are inadmissible to Canada but have a valid reason for entering Canada, you could apply for a Temporary Resident Permit. 

In order to be eligible for a TRP, your need to enter Canada must ‘outweigh the health and safety risks to Canadian society, as determined by an immigration/ 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 TRP to be granted for the length of your stay in Canada, for a maximum period of up to three years. You should leave Canada by your TRP’s expiry date or obtain a new TRP before the old one expires. 

In addition, if you are a citizen of a nation that requires a Canadian visa, you should apply for a Temporary Resident Visa online and a TRP. 

Furthermore, if you are a Canadian citizen of a visa-exempt nation but need electronic travel authorization, you can apply for a TRP, i.e., Temporary Resident Permit online or at the port of entry. 

Check If You Qualify For Deemed Rehabilitation 

Another one of the many options for entering Canada, if you have a DUI, is to check if you qualify for deemed rehabilitation or not. 

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 ten 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 offense took place after December 2018, then you are not eligible for deemed rehabilitation and will be required to apply for criminal rehabilitation. 

If you do fit the definition of being ‘deemed rehabilitated’, you might benefit from using a legal opinion letter to explain your case to border authorities. Furthermore, if you have any doubts about claiming rehabilitation, it is best to consult with a lawyer. 

Note: On December 18, 2018, Canada introduced tougher penalties for driving while impaired.  

Apply For Criminal Rehabilitation 

Did not 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 offenses for which you have been rehabilitated.  

You can easily apply for criminal rehabilitation if you: 

  • Committed to act outside Canada and five years have passed since the act
  • Have been convicted outside Canada and five years have passed since the end of the sentence imposed 

In your application, you should demonstrate that you are no longer a risk for criminal activity by providing evidence that the offense was an isolated incident.  

If you seek information on how to begin your Canada immigration application process, you can talk to our NavaImmigration experts at 1800-918-8490, or you can drop us an email at [email protected].