If you have found yourself in a situation where you’ve been charged under a DUI conviction, there are several ways that you may be found inadmissible to Canada for temporary or permanent residence. Generally, this is If you have committed an act that is considered a crime under the laws of the country where it occurred, and the act is punishable under Canadian law, or if you have convicted of an offence outside of Canada.
Driving under the influence (DUI) or driving while impaired (DWI) is the most common problem that U.S. citizens or permanent residents run into while entering Canada. Increased cooperation between Canada and U.S. has given access of criminal records to the border agents.
If five years have lapsed since the end of the imposed sentence an application for rehabilitation can be submitted. If five years have not passed a request for special permission to enter Canada can be made to the visa office outside of Canada. The visa office will consider various factors including:
- Reason to travel to Canada
- Seriousness of the offence
- Nature and date of conviction
- When the sentencing was completed
If the request is accepted, the visa office may issue a temporary resident permit (TRP). Under certain compelling or urgent circumstances a request for a TRP can be made at the Canadian border in accordance with Canada’s social, humanitarian and economic commitments.
If more than 10 years have passed from the date of completion of sentence and no other indictable offence has been committed, individuals may be deemed to have been rehabilitated under Canada’s immigration law. Deemed rehabilitation provisions of the Canadian law apply only to the crimes committed outside Canada that have a maximum imprisonment of less than 10 years if committed in Canada.
This article is for general information only and should not be relied upon as legal advice. Canadian immigration laws change frequently; please contact us to discuss your specific circumstances. We have been assisting our clients for more than 25 years in achieving their immigration goals.