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Enter Canada with a DUI
You will likely be inadmissible to Canada if you’ve ever been convicted, at either the misdemeanor or felony level in any country throughout the world, of the following: Driving Under the Influence (DUI), Driving While Ability Impaired (DWAI), Driving While Intoxicated (DWI), Operating a Motor Vehicle While Intoxicated (OMVI) or Operating While Intoxicated (OWI). You may be prohibited from entering the country until you undergo the Criminal Rehabilitation application process.
Why should you hire a Canadian immigration lawyer?
As soon as an individual has been convicted of a DUI, they will be considered inadmissible to Canada based on a criminal charge. As of December 18, 2018, DUIs are considered seriously criminality under Canadian law, meaning that entering the country with a conviction will be difficult. Entry into Canada is entirely up to the Canadian Immigration Officer assessing your application for a Temporary Resident Permit (TRP) or Criminal Rehabilitation. The help and advice of an experienced Canadian immigration lawyer will assist you with the appropriate preparation of your application.
They will also recommend strategies to help increase your chances of gaining successful entry into Canada. Unlike other immigration processes in Canada, the Canadian government does not assist with these kinds of applications and an applicant’s interests will be best served with the help and guidance of an experienced Canadian immigration lawyer. To view our company’s credentials, click here.
What is a Temporary Resident Permit?
Even if you have been convicted of a DUI, entry into Canada is possible. Foreigners with a drunk driving conviction trying to gain entry into the country will require a Temporary Resident Permit (TRP) if their DUI charge is still pending, if less than 5 years have lapsed since they completed their sentence or if they have applied for Criminal Rehabilitation and the application process has not yet been successfully completed.
A Temporary Resident Permit allows an individual who would have been deemed inadmissible to the country to enter for a specified purpose. Applications for these permits require that the applicant give relevant and significant reasons why it is essential that they enter the country, despite their criminal offence. Individuals who successfully receive a Temporary Resident Permit despite their DUI conviction, can gain entry into Canada for as long as their permit is valid.
Criminal Rehabilitation or Deemed Rehabilitated
An application for Criminal Rehabilitation can be submitted prior to entry into Canada if 5 years have passed since finishing all probationary conditions and sentences relating to your DUI.
Note that as of December 18, 2018, individuals with a single DUI on record (even when 10 years have passed since completing sentencing) will no longer be deemed rehabilitated simply by the passage of time. Those in this position will need to apply for Criminal Rehabilitation in order to travel to Canada.
If an individual happens to have been charged with a DUI, but not convicted on the charge, then they do not have to go through any formal process upon entry into Canada. However, it is always recommended that an individual with any charges on their criminal record have the charge detailed and fully explained with a legal letter stating why under Canadian immigration law that the individual is not criminally inadmissible to Canada. Those who have been deemed rehabilitated should have the same legal letter.
FWCanada is a Montreal-based immigration law firm that provides professional legal services on Canadian immigration. For more tips and updates on Canadian immigration follow FWCanada on Facebook, Twitter, and Linkedin.
CANADIAN IMMIGRATION LAWYER
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