Do you have a DUI? Here are your options for entering Canada

A previous DUI offense may result in you being denied entry into Canada.

If the Canadian authorities deem you inadmissible, they may deny you a visa, electronic travel authorization (eTA), or deny you entry.

Schedule a free legal consultation with Cohen Immigration Law Firm

If you are planning to travel to Canada and have a history of drinking under the influence, there are several options you can pursue to avoid criminal inadmissibility in Canada.

After identifying the relevant Canadian crime, you may be able to do so

• Apply for a temporary residence permit;
• Commit to alleged rehabilitation; or
• Apply for criminal rehabilitation.

Read on to learn more about your options.

Do not attempt to apply for entry into Canada, even if it is illegal

It is not advisable to apply to enter Canada knowing you will not be admitted. If you repeatedly try to enter Canada without a residence permit, the Canadian authorities may issue you an exclusion order.

Before applying for entry, you should take the appropriate steps to overcome your inadmissibility.

Determine the relevant Canadian crimes.

For immigration purposes, Canadian authorities convert foreign crimes into their Canadian equivalents. Authorities will review all aspects of your criminal record (pending charges, arrest warrants, arrests, convictions).

When you apply for entry, Canadian authorities will take into account the seriousness of the relevant Canadian crime(s), the number of crimes on your record and the dates at which those crimes were committed.

Get a legal opinion

If you have a pending criminal charge but have not yet been convicted of a crime, you may consider obtaining a legal opinion.

A Canadian immigration lawyer can write a letter describing the allegations against you, drawing legal conclusions, and explaining how a ruling may affect your admissibility. You can use this letter when presenting your case to the Canadian authorities.

Apply for a temporary residence permit

If you are not admitted but have a valid reason to enter Canada, you can apply for a Temporary Residence Permit (TRP).

To be eligible for a TRP, your need to enter Canada must “outweigh the health or safety risks to Canadian society, as determined by an immigration or border protection officer.”

TRP applications incur a non-refundable fee of $229.77 and have no guarantee of success. If your application is successful, you can usually expect to be granted your TFP for the duration of your stay in Canada, up to a maximum of three years. You must leave Canada by the expiry date of your TRP or obtain a new TRP before the old one expires.

If you are a citizen of a country that requires a Canadian visa, you must apply online for a Temporary Resident Visa (TRV) in addition to a TRP.

If you are a U.S. citizen or a citizen of a visa-exempt country but requires an Electronic Travel Authorization (eTA), you can apply for a TRP online or at the port of entry.

Check whether you are entitled to recognized rehabilitation

You can overcome criminal inadmissibility by convincing Canadian authorities of your rehabilitation. In some cases, you may be eligible for purported rehabilitation: if it has been more than 10 years since you served your DUI sentence and you have only had a single, non-serious conviction.

If you have more than one non-serious conviction or your DUI offense was committed after December 2018*, you are not eligible for presumptive rehabilitation and must apply for criminal rehabilitation.

If you meet the definition of “rehabilitated,” it may be beneficial to use a legal opinion to explain your case to border authorities. If you have any doubts about using recognized rehabilitation, it is best to contact a lawyer.

*On December 18, 2018, Canada introduced tougher penalties for driving while impaired.

Apply for criminal rehabilitation

Are you not entitled to recognized rehabilitation? You can seek rehabilitation by applying for individual rehabilitation, also known as punitive rehabilitation.

If your application for rehabilitation is approved, you will no longer be considered inadmissible because of the criminality of the offenses for which you were rehabilitated.

You are eligible to apply for criminal rehabilitation if you:

• the offense was committed outside Canada and five years have passed since the offense was committed; or
• were convicted outside Canada and five years have passed since the end of the sentence imposed.

Details on how to calculate the five-year period can be found here.

In your application you must prove that you are no longer in danger by proving that the crime was an isolated incident.

Schedule a free legal consultation with Cohen Immigration Law Firm