Take these steps if you have a DUI and are planning to visit Canada
Trying to enter Canada with a driving-under-the-influence charge (DUI) on your record can lead to being turned away at the border.
Under Canadian law, a DUI is a serious criminal offence, and can render you criminally inadmissible if you’re not a Canadian citizen.
But if you plan ahead, you can take steps to overcome criminal inadmissibility prior to seeking entry to Canada.
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Step 1: Understand criminal inadmissibility
Only Canadian citizens have the right to enter Canada.
Foreign nationals and even permanent residents can be inadmissible to Canada on account of criminal acts or charges.
You should not try to enter Canada if you are criminally inadmissible and have not taken steps to remedy the situation.
Not only can you be turned away at the border, but repeated attempts to enter Canada while inadmissible can lead to an exclusion order—barring you from entering Canada for a set period.
You do not need to have been convicted in order to be found criminally inadmissible. Canadian authorities will consider
Pending charges;
Warrants;
Arrests; and
Convictions.
Step 2: Find out what the equivalent Canadian offence is
The first step to addressing your criminal inadmissibility is to find out which offence under Canadian law corresponds to the offence(s) you’ve committed.
This step will determine what remedies you can pursue to overcome criminal inadmissibility.
The seriousness of the offence(s) under Canadian law, the number of offences, when those offences were committed, and when you completed your sentence(s), if applicable, will all affect whether you are criminally inadmissible, and what remedies are available to you.
Due to the complexity involved, many individuals seeking to enter Canada with a criminal record choose to retain an immigration lawyer for assistance.
Schedule a Free Legal Consultation on Overcoming Criminal Inadmissability
Step 3. Choose the correct remedy for your situation
Option 1: You have a pending conviction
If you have been charged with a DUI but have not formally been convicted at the time of trying to enter Canada, you can take the precaution of seeking a legal opinion letter.
Legal opinion letters are drafted by immigration lawyers to provide authorities with legal context and professional opinion regarding an individual’s eligibility to enter Canada, particularly around concerns of public safety.
These letters typically explain
The legal matter(s) at hand;
Any relevant risk(s) that allowing an individual to enter Canada may pose;
Relevant Canadian law to the charge that a person has; and
Why the individual should be deemed admissible to Canada.
A legal opinion letter is not required, but it can help you present the strongest case to border officials to reduce the risk of your being denied entry.
To learn more about legal opinion letters, find our dedicated webpage.
Option 2: You have been convicted of a DUI in the last seven years, OR you have other criminal convictions in addition to a DUI
If you have been convicted of a DUI after December 18, 2018, or you have multiple convictions, you will need to apply for criminal rehabilitation (also called individual rehabilitation) or a temporary resident permit (TRV – see below) to overcome inadmissibility and enter Canada.
Individuals who have single DUI convictions that occurred before December 18, 2018*, may be eligible for deemed rehabilitation (covered in the next step).
Criminal rehabilitation is a formal application process that allows someone who is inadmissible to Canada because of past criminal activity to be allowed to enter the country.
Unlike deemed rehabilitation, which happens automatically and does not require an application, individual rehabilitation requires the person to submit an application to a Canadian consulate.
To be eligible for criminal rehabilitation, you must
Have completed your sentence at least five years ago; and
Show that you have been rehabilitated and are no longer likely to commit crimes.
This can include showing that you now have a stable life, strong community connections, good social or work skills, or that your past offence was a one-time event.
To learn more about criminal rehabilitation, visit our dedicated webpage.
*Legal authorities in Canada doubled the maximum punishment for DUIs in 2018.
Option 3: You have been convicted of a DUI before December 2018, with no other criminal convictions
If you have been convicted of a DUI prior to December 2018, with no other criminal convictions, you may be eligible for deemed rehabilitation.
In certain cases, if a significant time has elapsed since a person has been convicted of a crime, and if their crime was a less serious and singular offence on their record, they may be eligible to be deemed rehabilitated.
In deemed rehabilitation procedures, immigration authorities can decide that a person is no longer criminally inadmissible based on the circumstances of their crime.
This process is passive, unlike criminal rehabilitation, which requires an individual to take proactive actions to enter Canada.
A legal opinion letter can assist you with making a strong case for deemed rehabilitation.
To learn more about deemed rehabilitation, visit our dedicated webpage.
Option 4: You are inadmissible, but have a compelling need to enter Canada
If you’re not allowed to enter Canada because of inadmissibility but have a compelling reason to visit the country, you can apply for a Temporary Resident Permit (TRP).
To qualify for a TRP, an immigration official must judge that your reason for entering Canada outweighs the risk you pose to Canadian society.
Some examples of eligible reasons are
Escaping the influence of human trafficking or abuse;
Needing time to recover from physical or mental trauma; or
Urgent family situations.
If approved, your TRP is usually valid for the length of your stay, up to a maximum of three years. You must either leave Canada before it expires or apply for a new TRP before the current one runs out.
If you are from a country that requires a Canadian visa, you must also apply online for a Temporary Resident Visa (TRV) in addition to the TRP.
If you are a U.S. citizen or from a visa-exempt country (but still need an electronic travel authorization (eTA)), you can apply for a TRP online or at a port of entry.
Schedule a Free Legal Consultation on Overcoming Criminal Inadmissability
