Criminality & Inadmissibility
There are different types of inadmissibility that could prevent your Canada entry. Criminality can be one reason for inadmissibility to Canada, the other grounds are security concerns and medical inadmissibility.
If you need to overcome inadmissibility to Canada, for a specific and temporary purpose, you will require a Temporary Resident Permit (TRP). A Temporary Resident Permit is a pass that allows someone who is otherwise inadmissible to Canada. Applications for Temporary Resident Permits require that the applicant explain the significant reason they must be in Canada, despite being criminally inadmissible.
If 5 years has passed from the date upon which you retired all probationary conditions and sentences relating to your DUI, or ten years has passed but you have multiple convictions, you must apply for criminal rehabilitation before entering Canada.
If you only have one DUI, Canada entry is possible if more than 10 years have passed since the completion of your sentence. In this case, you may not require a Temporary Resident Permit or Criminal Rehabilitation, as you may be deemed rehabilitated.
If you have been charged but not convicted, you are not required to go through any formal process to enter Canada. However, we always recommend that a person with a charge that appears on their criminal record have the charge explained with a legal opinion letter. The purpose of this letter is to explain why under Canadian immigration law you are not criminally inadmissible to Canada. This applies to those who have been deemed rehabilitated as well.
Why hire a Canadian immigration lawyer?
Whether or not you are granted entry to Canada, despite inadmissibility to Canada, is up to the Canadian immigration officer who assesses your application. An experienced Canadian immigration lawyer can assist you in preparing the appropriate application and recommend strategies that will increase your chances of entering Canada successfully. Unlike other Canadian immigration processes, the government does not facilitate these applications for applicants and your interests will be best served with the assistance of a Canadian immigration lawyer.
Let us assist you with your inadmissibility to Canada by filling out the form above