A previous driving under the influence (DUI) conviction can make you inadmissible to Canada.
If deemed inadmissible by Canadian authorities, you could be denied a visa, electronic travel authorization (eTA), or entry into the country.
If you have a past DUI and are planning to visit Canada, there are various options available to address your criminal inadmissibility.
Once the equivalent Canadian offense is identified, you can:
- Apply for a Temporary Resident Permit,
- Seek deemed rehabilitation, or
- Apply for criminal rehabilitation.
Continue reading to explore these options in detail.
Avoid attempting to enter Canada if you are deemed inadmissible
It is not recommended to attempt entry into Canada if you are aware of your inadmissibility. Repeated attempts could result in Canadian authorities issuing an exclusion order against you.
Before trying to enter, ensure you take the necessary steps to resolve your inadmissibility.
Identify the corresponding Canadian offense(s)
For immigration purposes, Canadian authorities translate foreign offenses into their Canadian equivalents. They will review all aspects of your criminal history, including pending charges, warrants, arrests, and convictions.
When assessing your entry, they will evaluate the seriousness of the equivalent Canadian offense(s), the number of offenses on your record, and the timing of those offenses.
Obtain a Legal Opinion Letter
If you have a pending charge and have not yet been convicted, you may want to consider obtaining a legal opinion letter.
A Canadian immigration attorney can draft a letter outlining the charges against you, providing legal insights, and explaining how a potential sentence may affect your admissibility. This letter can be helpful when you present your case to Canadian authorities.
Submit an application for a Temporary Resident Permit
If you are inadmissible but have a legitimate reason to enter Canada, you can apply for a Temporary Resident Permit (TRP).
To qualify for a TRP, you must demonstrate that your need to enter Canada outweighs any health or safety risks to Canadian society, as determined by an immigration or border services officer.
You will need to pay a non-refundable application fee of $229.77 for your TRP, and approval is not guaranteed. If you receive approval, you can generally expect the TRP to be valid for the duration of your stay in Canada, up to a maximum of three years. Make sure to leave Canada by your TRP’s expiration date, or apply for a new TRP before the current one expires.
If you are a citizen of a country that requires a Canadian visa, you must submit a temporary resident visa (TRV) application online in addition to your TRP application.
As a US citizen or a citizen of a visa-exempt country that requires an electronic travel authorization (eTA), you can apply for a TRP online or at the port of entry.
Determine your eligibility for deemed rehabilitation
You can address criminal inadmissibility by demonstrating your rehabilitation to Canadian authorities. In certain situations, you may qualify for deemed rehabilitation if it has been over 10 years since you completed your DUI sentence and you have only one non-serious conviction.
If you have multiple non-serious convictions or your DUI offense occurred after December 2018,* you are not eligible for deemed rehabilitation and must apply for criminal rehabilitation instead.
If you meet the criteria for being “deemed rehabilitated,” it may be helpful to use a legal opinion letter to clarify your situation to border officials. If you have any doubts about claiming deemed rehabilitation, it’s advisable to consult with a lawyer.
*On December 18, 2018, Canada implemented stricter penalties for impaired driving.
Submit an application for criminal rehabilitation
If you do not qualify for deemed rehabilitation, you can seek rehabilitation through an individual application, commonly referred to as criminal rehabilitation.
Once your application for criminal rehabilitation is approved, you will no longer be deemed inadmissible due to the offenses for which you have been rehabilitated.
You are eligible to apply for criminal rehabilitation if you:
- Committed the act outside Canada and five years have elapsed since the incident, or
- Were convicted outside Canada and five years have passed since completing your sentence.
You can find information on how to calculate the five-year time frame here.
In your application, you must show that you no longer pose a risk for criminal activity by providing evidence that the offense was an isolated occurrence.
