Trying to enter Canada with a DUI (driving under the influence) on your record can lead to being denied at the border.
In Canadian law, a DUI is classified as a serious criminal offence and can make you criminally inadmissible unless you are a Canadian citizen.
However, with proper planning, there are ways to resolve criminal inadmissibility before you attempt to travel to Canada.
Today, we will discuss how to enter Canada if you have a DUI record.
So, without further ado, let us begin!
Step 1: Understand Criminal Inadmissibility
Only Canadian citizens have the absolute right to enter Canada.
Foreign nationals and even permanent residents can be denied entry if they are found criminally inadmissible due to past offences or charges.
If you are criminally inadmissible and haven’t taken steps to correct your status, attempting to enter Canada could lead to being refused at the border.
Repeated attempts to enter while inadmissible can even result in an exclusion order, temporarily barring you from Canada.
It’s also important to note that a conviction is not required to be considered inadmissible. Canadian border officials may take into account:
- Pending criminal charges
- Outstanding warrants
- Arrests
- Convictions
Understanding these factors is crucial before planning your travel.
Step 2: Identify The Equivalent Canadian Offence
The next step is determining how to enter Canada if you have a DUI record is to identify the equivalent Canadian offence.
This helps you understand how Canadian law views your offence and what remedies are available to you.
Factors that affect your admissibility include:
- The seriousness of the equivalent Canadian offence
- The number of offences committed
- The dates of those offences
- When and how you completed your sentence
Since these legal evaluations can be complex, many people hire an immigration lawyer to ensure their case is handled correctly.
Step 3: Choose The Right Remedy For Your Situation
There are several ways to overcome criminal inadmissibility depending on your record and circumstances.
Option 1: You Have A Pending DUI Charge
If you’ve been charged but not yet convicted, it’s a good idea to obtain a legal opinion letter from an immigration lawyer before trying to enter Canada.
This letter provides border officials with legal background and a professional explanation of your situation, helping them assess whether you should be allowed to enter.
A legal opinion letter typically includes:
- Details of the legal issue or charge
- Any risks associated with your entry
- Relevant sections of Canadian law
- Reasons supporting your admissibility
While not mandatory, such letters can significantly strengthen your case at the border.
Option 2: You Were Convicted Of A DUI In The Last 7 Years Or Have Other Convictions
If you were convicted of a DUI after December 18, 2018, or if you have multiple criminal convictions, you must apply for either criminal rehabilitation or a Temporary Resident Permit (TRP).
Those with single DUI convictions before that date might qualify for deemed rehabilitation (see next section).
Criminal rehabilitation is a formal process that allows someone with past criminal activity to regain admissibility to Canada.
Unlike deemed rehabilitation, this process requires an application to a Canadian consulate.
To qualify for criminal rehabilitation, you must:
- Have completed your sentence at least five years ago
- Prove that you are rehabilitated and unlikely to reoffend
Evidence of rehabilitation can include a stable lifestyle, steady employment, community involvement, or proof that your offence was a one-time event.
Note: In 2018, Canadian authorities doubled the maximum punishment for DUI offences, making them more serious under immigration law.
Option 3: You Were Convicted Before December 2018 And Have No Other Criminal Record
If your DUI conviction occurred before December 2018 and you have no other offences, you might be eligible for deemed rehabilitation.
This process applies when sufficient time has passed since a single, less serious conviction, and immigration officials decide you no longer pose a risk.
Unlike criminal rehabilitation, deemed rehabilitation does not require an application – it happens automatically when conditions are met.
Still, a legal opinion letter can support your case and help demonstrate that you meet the requirements.
Option 4: You Are Inadmissible But Have A Compelling Reason To Visit Canada
If you are inadmissible but have an urgent or significant reason to enter Canada, you may apply for a Temporary Resident Permit (TRP).
A TRP allows an inadmissible individual to enter or stay in Canada if an immigration officer determines that the reason for entry outweighs any potential risk.
Some valid reasons for a TRP include:
- Escaping situations involving human trafficking or abuse
- Recovering from physical or psychological trauma
- Attending to urgent family matters
If approved, a TRP is generally valid for the duration of your stay, up to three years.
You must either leave Canada before it expires or apply for a renewal.
If you are from a visa-required country, you must also apply for a Temporary Resident Visa (TRV).
If you are a U.S. citizen or from a visa-exempt country (requiring only an eTA), you can apply for a TRP online or directly at a port of entry.
Why Legal Guidance Matters?
Navigating Canadian immigration law with a criminal record can be difficult. Missteps or incomplete applications can result in refusals, wasted time, and money.
An experienced immigration lawyer can:
- Assess your eligibility for different rehabilitation options
- Prepare detailed and accurate legal documentation
- Communicate effectively with IRCC and border authorities
- Maximize your chances of a successful outcome
Professional advice can be especially important if your case involves multiple offences or complex legal histories.
MakeHomeCanada, a Canadian immigration leader, promises excellence and tailored pathways for your Canadian journey. Get in touch with us at [email protected].
