Options for Entering Canada with a DUI: What You Need to Know

If you have a past DUI (Driving Under the Influence) conviction, you may be considered inadmissible to Canada, which can prevent you from getting a visa, an electronic travel authorization (eTA), or entering the country altogether. However, there are ways to overcome this challenge.

Steps to Overcome Criminal Inadmissibility

Before you try to enter Canada, you need to understand the Canadian equivalent of your DUI offence. Once you know this, here are three options you can explore:

1. Apply for a Temporary Resident Permit (TRP)
2. Qualify for Deemed Rehabilitation
3. Apply for Criminal Rehabilitation
   
   

Avoid Trying to Enter Canada While Inadmissible

It’s important not to attempt entry into Canada without addressing your inadmissibility. If you repeatedly try to enter, Canadian authorities could issue an exclusion order, which would make it even harder to visit the country. Instead, you should focus on resolving your status before you travel.

Understanding the Canadian Equivalent of Your Offence

Canada reviews foreign criminal records by converting the offence into its Canadian equivalent. Authorities will consider your entire criminal history, including any charges, warrants, or convictions. They will also assess the severity of your offences, how many you have, and when they occurred.

Consider a Legal Opinion Letter

If you have a pending charge and haven’t yet been convicted, you may want to get a legal opinion letter from a Canadian immigration lawyer. This letter will outline the charges against you and explain how they affect your admissibility to Canada. Presenting this letter can help when dealing with Canadian immigration authorities.

Option 1: Temporary Resident Permit (TRP)

A TRP allows you to enter Canada temporarily, even if you're inadmissible. To be approved, you must prove that your need to enter Canada is greater than any potential risk you pose to Canadian society.

Here are some key points about applying for a TRP:

• There’s a non-refundable fee of $229.77.
• Approval isn’t guaranteed.
• The permit is typically valid for the length of your stay, up to a maximum of three years.
• You’ll need to leave Canada before your TRP expires or apply for a new one.

If you’re from a country that requires a visa to enter Canada, you’ll also need to apply for a Temporary Resident Visa (TRV). If you’re from a visa-exempt country, such as the U.S., you can apply for the TRP online or at the port of entry.

Option 2: Deemed Rehabilitation

In some cases, you may be eligible for “deemed rehabilitation” if:

• It’s been over 10 years since you completed your DUI sentence.
• You have only one non-serious conviction.
  
  

If you meet these criteria, you may be allowed to enter Canada without further legal action. However, if you have more than one conviction or your DUI occurred after December 18, 2018 (when Canada introduced tougher penalties for impaired driving), you won’t qualify for deemed rehabilitation and will need to pursue criminal rehabilitation.

A legal opinion letter can be useful in explaining your case to border officials if you think you qualify for deemed rehabilitation.

Option 3: Criminal Rehabilitation

If you don’t qualify for deemed rehabilitation, you can apply for criminal rehabilitation. Once approved, you will no longer be considered inadmissible due to your past offences.

To be eligible for criminal rehabilitation:

• The offence must have occurred outside of Canada.
• At least five years must have passed since the offence or since you completed your sentence.
  
  

In your application, you will need to show that the offence was an isolated incident and that you are no longer a risk to engage in criminal activity.

Final Thoughts

Having a DUI doesn’t automatically close the door to Canada. By understanding your options and taking the right steps, you can work towards overcoming criminal inadmissibility and visiting Canada. Consulting with an immigration lawyer can help clarify your options and guide you through the process.