One may face a challenge in entering Canada if previously they have been charged with a driving under the influence (DUI) offense.
The country already has strict regulations against DUI, and it was made stricter when Cannabis was legalized in 2018. The punishment was increased from 5 years jail time to 10 years.
After this, the immigration department also became alert and now considers this a serious crime under immigration law. In theory, an individual will be banned from entering the country if found to be a severe crime offender. However, there are still three options for DUI offenders who want to enter Canada in reality.
Drunk Driving cases can be charged under several categories, they’re as follows:
- Driving Under the Influence (DUI)
- Boating Under the Influence (BUI)
- Operating While Intoxicated (OWI)
- Driving While Ability Impaired (DWAI)
- Operating a Motor Vehicle While Intoxicated (OMVI)
- Wet Reckless
- Driving While Impaired (DWI)
Canada will verify your criminal record in terms of convictions, pending charges, arrests, or any other warrants. The principal attribute of any conviction existing in your criminal record depends upon its status as per Canadian law. The offense committed by you will be judged based on the law in Canada, depending upon its severity.
There are a number of factors involved in allowing you if you are a DUI offender. They consider the type, severity, the number of times you have committed the crime, and if you have completed your sentence for it. Even if you had committed it years ago, it would still be in records so before coming to the borders of Canada, make sure you plan for it.
The possibilities open are:
- Applying for a Temporary Resident Permit (TRP),
- Criminal Rehabilitation, and
- Getting a Legal Opinion Letter.
Temporary Resident Permit (TRP).
If it has been under five years after completing your punishment, you can apply for this permit. The Temporary Resident Permit could help you stay in Canada for up to 3 years if you get the approval.
However, in order to get the TRP, you need to provide compelling reasoning to the IRCC that why they should let you in. The immigration department will need to determine that you are not a threat of any sort to local residents. The process is subjective and depends on the application, so make sure to prepare a compelling application with valid logical reasons.
Criminal Rehabilitation
If you have spent 5 years after your punishment without any offense (still below ten years), criminal rehabilitation can be an option to enter Canada. If you get approval for Criminal Rehabilitation, your record will not be an issue unless you commit a new crime.
Suppose it has been over ten years after you completed your punishment, so you may be considered rehabilitated. Your record will be wiped out, and you can start fresh. This is only applicable when you had a one-time offense that was not serious. Thanks to the passage of time, you will be able to start a new life in Canada.
Deemed Rehabilitation
Deemed Rehabilitation doesn’t apply to those individuals who have DUI emerging after 2018. This is also because the government of Canada made stricter penalties in case of impaired driving in that specific year.
Deemed Rehabilitation is an alternative for those who have undergone DUI convictions in other countries apart from Canada. The conviction committed outside Canada must be equivalent to a severe crime with a punishment of fewer than ten years.
Additionally, the convicted individual must also meet the following criteria:
- Make sure ten years have passed since you completed the punishment;
- You are devoid of any summary or severe offense in Canada in the previous ten years;
- Not more than one summary offense in the years previously;
- Ensure that you don’t hold any conviction outside Canada in the previous ten years; and
- In case an individual committed a crime in Canada, it will imply a severe offense or more than a summary(minor) offense in the ten years before that.
Legal Opinion Letter
If a case is still pending for DUI, and you do not have any past convictions, you may still get permission to enter the country. However, the entry will be at the discretion of officials at the Canada Border Services Agency (CBSA). They will review and determine the benefit and risks of letting you in the country. Getting a Legal Opinion Letter after consulting a local lawyer will be effective in such a case. The lawyer can explain to the officers that the case is still pending and why you should be allowed in the country. That will pave your way into Canada.
