DUI - CANADA ENTRY

Despite meeting eligibility requirements, foreign individuals from any country may still be criminally inadmissible to Canada due to previous criminal conduct, or the criminal conduct of their dependents. In particular, if you are convicted of a DUI, Canada entry may be more complicated.

Drunk driving charges are processed under a variety of names worldwide, however they all have the potential to create issues of criminal inadmissibility for foreigners entering Canada. Drunk driving charges that can make an individual criminally inadmissible include, but are not limited to, Driving Under the Influence (DUI), Driving While Intoxicated (DWI), Driving While Impaired (DWI), Operating While Intoxicated (OWI), Operating a Motor Vehicle While Intoxicated (OMVI), and Driving While Ability Impaired (DWAI).

Americans should note that Canadian immigration law does not place a great emphasis on the distinction between misdemeanour and felony offenses, which means that even a misdemeanour may ensure criminal inadmissibility.

Criminal inadmissibility can be overcome permanently by Criminal Rehabilitation or temporarily by obtaining a Temporary Resident Permit.

Criminal Rehabilitation

If an individual has only been convicted of a single DUI offence and a period of 10 years has passed since the completion of the entire sentence, then the individual may have been Deemed Rehabilitated.

Apply for Rehabilitation

In order to be eligible to apply for a finding of Criminal Rehabilitation, a period of 5 years must have elapsed since the completion of the entire sentence imposed for the DUI. If an individual has more than one DUI conviction, an application for Criminal Rehabilitation will be required as such an individual cannot be Deemed Rehabilitated.

Temporary Residence Permit (TRP)

TRPs are granted to allow individuals, who would otherwise be inadmissible, to gain admission to Canada for a specific purpose. The specific purpose of the visit must be properly explained in any application for a TRP.

A DUI conviction can create complications in regards to temporary or permanent entry to Canada, however there remain a number of ways to overcome such issues. For more information on DUI Canada entry or to ask a question, fill out the form above.