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DUI Canada Entry

If you are convicted of Driving Under the Influence (DUI), Driving While Intoxicated (DWI), Driving While Ability Impaired (DWAI), Operating While Intoxicated (OWI), Operating a Motor Vehicle While Intoxicated (OMVI), at either the misdemeanor or felony level, in any country worldwide, you may be inadmissible to Canada until you undergo the Criminal Rehabilitation application process. If your drunk driving arrest or conviction occurred in Canada, click here.

Why hire a Canadian immigration lawyer?

Once you have been convicted of driving under the influence, you are considered criminally inadmissible to Canada. Whether or not you are granted entry to Canada, despite your DUI, is up to the Canadian immigration officer who assesses your application for a Temporary Residence Permit (TRP) or criminal rehabilitation. 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. To view our credentials, click here.

Temporary Residence Permit

If you have been convicted of a DUI, Canada entry is possible. Foreigners inadmissible to Canada due to a drunk driving conviction will require a Temporary Resident Permit (TRP); if your DUI charge is pending or less than five years has passed since the completion of your sentence, or you have applied for Criminal Rehabilitation and the application has not yet been successfully completed.

A Temporary Resident Permit is a permit that allows someone who is otherwise inadmissible to Canada, to enter for a specific purpose. Applications for Temporary Resident Permits require that the applicant explain the significant reason they must be in Canada, despite being criminally inadmissible, whether their conviction is for a DUI or any other offence. For those who successfully obtain a Temporary Resident Permit despite having been convicted of a DUI, Canada entry is permissible for as long as the Temporary Resident Permit is valid.

Criminal Rehabilitation/Deemed Rehabilitated

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. Citizenship and Immigration Canada allows for one past discretion, and if ten years have passed with no subsequent convictions, an individual is free to enter Canada. If you have been charged with a DUI 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.

For more information about your DUI and Canada entry as a permanent resident or foreign worker, contact FWCanada.

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