Driving Under the Influence (DUI)
Driving Under the Influence, refers to a citation given for the operation of a vehicle while under the influence of alcohol or narcotics. For the purpose of Canadian immigration, operation of a motor vehicle with a blood alcohol content (BAC) above .08, constitutes a DUI. If you have been convicted of a DUI, you are considered inadmissible to Canada, and entry will likely require a Temporary Resident Permit.
Individuals who are criminally inadmissible to Canada are prohibited from entering the country for any reason. They will remain inadmissible to Canada until they undergo the criminal rehabilitation process or are deemed rehabilitated. If eligibility for criminal rehabilitation has not been met, it is possible to enter Canada on a Temporary Resident Permit (TRP).
Criminal Rehabilitation is essentially an application process whereby an individual petitions the Canadian government to disregard their criminal history, for the purpose of Canadian immigration. In order to be eligible for criminal rehabilitation, 5 years must have passed since the termination of all probationary periods and/or sentences. If an individual has been convicted of a DUI, Canada entry is possible after undergoing the criminal rehabilitation process. If 5 years have not passed and you are not eligible to apply for criminal rehabilitation, you will require a Temporary Resident Permit to enter Canada with a DUI.
Temporary Resident Permit (TRP)
A TRP is a permit that allows an individual to enter Canada, despite inadmissibility. If you have been convicted of a DUI, Canada entry is not possible until you have A) undergone the criminal rehabilitation process B) been deemed rehabilitated, or C) been issued a Temporary Resident Permit.
Port of Entry (POE)
A POE refers to any border crossing into Canada, whether land, air or sea. POEs are the customs checkpoints you see in airports, at land crossings, or at marina checkpoints. If you need entry to Canada with a DUI, you may be able to apply for a Temporary Resident Permit at a POE. It is important to consult a professional, or do your own proper research before attempting this.
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