A previous driving under the influence (DUI) conviction can make you inadmissible to Canada.
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If Canadian authorities determine that you are inadmissible, you may be denied a visa or electronic travel authorization (eTA), or you could be refused entry altogether.
If you plan to travel to Canada and have a past DUI, there are several options available to help you overcome criminal inadmissibility.
Options to Overcome Inadmissibility
- Determine the Equivalent Canadian Offence(s)
Canadian authorities will translate foreign crimes into their Canadian equivalents for immigration purposes. They will consider all aspects of your criminal record, including any pending charges, warrants, arrests, and convictions. When assessing your case, they will evaluate the severity of the Canadian equivalent offences, the number of offences on your record, and when these offences occurred. - Get a Legal Opinion Letter
If you have a pending charge but have not yet been convicted, you might want to obtain a legal opinion letter. A Canadian immigration lawyer can draft a letter detailing the charges against you, providing legal conclusions, and explaining how your sentence might affect your admissibility. This letter can be useful when presenting your case to Canadian authorities. - Apply for a Temporary Resident Permit (TRP)
If you are inadmissible but have a valid reason for entering Canada, you may apply for a Temporary Resident Permit (TRP). To qualify, your need to enter Canada must “outweigh the health or safety risks to Canadian society,” as assessed by an immigration or border services officer.
- The application fee for a TRP is $229.77 and is non-refundable, with no guarantee of approval. If granted, a TRP is typically valid for the duration of your stay, up to a maximum of three years. You must leave Canada by the expiry date of your TRP or apply for a new TRP before the current one expires.
- If you are from a country that requires a Canadian visa, you will also need to apply for a temporary resident visa (TRV) online along with your TRP application.
- U.S. citizens or citizens of visa-exempt countries that require an electronic travel authorization (eTA) can apply for a TRP either online or at the port of entry.
- Check for Deemed Rehabilitation
You may be able to overcome criminal inadmissibility by proving your rehabilitation. In some instances, you might qualify for deemed rehabilitation if it has been over 10 years since completing your DUI sentence and you have only one non-serious conviction. If you have multiple non-serious convictions or if your DUI offence occurred after December 18, 2018, you will not be eligible for deemed rehabilitation and will need to apply for criminal rehabilitation instead. If you meet the criteria for deemed rehabilitation, it may be helpful to use a legal opinion letter to support your case when interacting with border authorities. Consulting a lawyer is advisable if you have any doubts about claiming deemed rehabilitation. - Apply for Criminal Rehabilitation
If you do not qualify for deemed rehabilitation, you can seek rehabilitation by applying for individual criminal rehabilitation.
- You are eligible to apply if you committed the act outside Canada and at least five years have passed since that act, or if you were convicted outside Canada and five years have elapsed since the completion of your sentence.
- You must demonstrate that you are no longer a risk for criminal activity by providing evidence that the offence was an isolated incident.
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