Enter Canada With A DUI Conviction
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Enter Canada with a DUI
You may 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. If your drunk driving arrest or conviction occurred in Canada, click here.
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. Entry into Canada, despite any DUI convictions, is entirely up to the Canadian Immigration Officer assessing your application for a Temporary Residence Permit (TRP) or criminal rehabilitation. The help and advice of an experienced Canadian immigration lawyer will assist you with the appropriate preparation with 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 Residence 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 is one that permits 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, despite whether their conviction is for a DUI or another criminal offence. Individuals who successfully receive a Temporary Resident Permit despite their DUI conviction, can gain entry into Canada as for as long as their permit is valid.
Criminal Rehabilitation or Deemed Rehabilitated
An application for criminal rehabilitation prior to entry into Canada will need to be applied for if: 5 years have passed from the date of all probationary conditions and sentences relating to your DUI or 10 years have passed but you have multiple convictions.
If an individual has one DUI on record, entry into the country is possible if 10 or more years have passed since completion of their sentence. If this is the case then they may not require a Temporary Resident Permit or Criminal Rehabilitation as they will already be deemed rehabilitated. Citizenship and Immigration Canada permits only one past discretion, and if ten years or more have passed with no ensuing convictions, an individual is free to enter the country.
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.