Individuals with a past driving under the influence (DUI) conviction may face challenges when attempting to enter Canada. A DUI can render you inadmissible, potentially resulting in the denial of a visa or electronic travel authorization (eTA), or refusal of entry at the border.
If you have a past DUI and plan to visit Canada, there are several ways to address your criminal inadmissibility:
- Apply for a Temporary Resident Permit (TRP): If your need to enter Canada outweighs any health or safety risks to Canadian society, as determined by immigration authorities, you can apply for a TRP. The non-refundable fee is $229.77, and if successful, the TRP allows you to stay in Canada for up to three years. However, there’s no guarantee of approval, and you must leave Canada by the expiry date of your TRP or apply for a new one before the old one expires.
- Deemed Rehabilitation: In some cases, you may be considered rehabilitated if over 10 years have passed since the completion of your DUI sentence and you have a single, non-serious conviction. If you meet these criteria, you may be allowed entry without needing a formal rehabilitation application. However, stricter penalties for impaired driving introduced in December 2018 may affect eligibility for those convicted after that date.
- Criminal Rehabilitation: If you do not qualify for deemed rehabilitation, you may apply for criminal rehabilitation. This process is available to individuals who committed the offense outside Canada, with five years having passed since the act or the end of the sentence. Once approved, you will no longer be considered inadmissible due to your criminal history.
It is important not to attempt entry into Canada without addressing your inadmissibility, as repeated attempts may result in an exclusion order. Consulting with an immigration lawyer or obtaining a legal opinion letter can help clarify your situation and increase your chances of successful entry into Canada.