Schedule a Free Legal Consultation with the Cohen Immigration Law Firm
The upcoming 2025 edition will highlight an array of meetings, engaging workshops, vibrant dances, and various events dedicated to celebrating sobriety on a global scale.
If you or a loved one is interested in participating, it’s vital to be informed about several important considerations:
Prior DUI offences could lead to entry denial into Canada.
A past conviction, arrest, warrant, or pending DUI charge can result in a ban from entering Canada. This prohibition is rooted in the classification of DUI as a serious criminal offence within Canadian law.
Under Canadian regulations, such convictions can classify an individual as inadmissible. If deemed inadmissible, you risk being denied a visa or an electronic travel authorization (eTA), and can face refusal of entry at the Canadian border.
Individuals with other alcohol-related criminal offences may also face challenges when attempting to enter Canada. For instance, if your history includes two or more summary offences—akin to misdemeanors in the United States—like public intoxication, indecent exposure, or causing a public disturbance, this could result in inadmissibility as well.
Even if you haven’t been convicted, an arrest may lead to a finding of inadmissibility as you await formal charges or the resolution of your case.
Interpreting Canadian law regarding prior DUI offences
In terms of immigration, Canadian authorities assess foreign crimes against their Canadian equivalents through an equivalency test that evaluates the parallels between the laws of foreign nations and the Canadian Criminal Code.
As of December 18, 2018, Canada instituted harsher penalties for impaired driving, effectively doubling the maximum punishment for a DUI from five years to ten years imprisonment.
This change means that if you committed a DUI offence outside Canada on or after December 18, 2018, you may be classified as inadmissible on grounds of serious criminality.
If you are unfamiliar with Canadian laws, or if you need assistance in interpreting how foreign laws relate to Canadian statutes, seeking guidance from an immigration lawyer can be beneficial.
Options available for overcoming inadmissibility and entering Canada
Several routes exist for overcoming criminal inadmissibility, which will depend on your specific offence(s), the number of offences, and the date your last sentence was completed.
Consider the following options if you have a past DUI offence:
Temporary resident permit (TRP)
If you find yourself inadmissible but have compelling reasons that necessitate travel to Canada, you may apply for a temporary resident permit (TRP) or a temporary waiver of inadmissibility.
To obtain a TRP, it is essential to demonstrate that your need for entry into Canada outweighs potential health and safety risks to Canadian society, as assessed by an immigration or border services officer.
Keep in mind that the final decision regarding your TRP rests with the immigration officer, making it crucial to submit a well-prepared application that clearly justifies your reasons for travel.
It should be noted that a TRP allows for only temporary entry into Canada, typically issued for short durations matching the length of your visit. In some cases, a TRP may be granted for up to three years if your reasons for entry are exceptionally strong.
Most individuals are required to apply for their TRP through the visa application centre in their residence country. However, Americans and other visa-exempt travelers seeking entry by land can apply for TRPs at the border, albeit this carries inherent risks since the outcome is entirely at the discretion of the immigration officer. Planning in advance is strongly advised, especially for significant events like the A.A. International Convention 2025, since TRP application processing times can stretch beyond six months.
Criminal rehabilitation
If at least five years have elapsed since completing your DUI sentence, you might qualify for criminal rehabilitation, also referred to as individual rehabilitation. Unlike a TRP, this form of rehabilitation permanently resolves inadmissibility. Once approved, you will no longer be deemed criminally inadmissible to Canada, provided your criminal record remains unchanged.
Approval for criminal rehabilitation requires you to prove that you are unlikely to engage in any future criminal activities.
If it has been less than five years since your sentence completion, you are not yet eligible for criminal rehabilitation and must pursue a TRP instead.
In the criminal rehabilitation application process, an officer will scrutinize your submission and any relevant supporting documents prior to rendering a decision.
The entire procedure may take between six months to over a year. Processing times for criminal rehabilitation are not specified by the Government, so if you are eligible, it’s prudent to initiate this process at the earliest opportunity for a smooth entry into Canada.
It is important to note that no one can apply for criminal rehabilitation at the border; you must file your application through the appropriate visa application centre.
Deemed rehabilitation
If over a decade has passed since the conclusion of your DUI sentence and you possess only a single, non-serious conviction on your record, you may be deemed rehabilitated.
This form of rehabilitation occurs automatically without a formal application if you meet the necessary criteria, allowing you to enter Canada.
However, if you are uncertain about claiming deemed rehabilitation or have additional questions about your eligibility, it is advisable to consult with an immigration lawyer well in advance. Such a professional can prepare a legal opinion letter (further details below) elucidating your deemed rehabilitated status.
If you have multiple non-serious convictions or if your DUI offence occurred after December 2018, you will not qualify for deemed rehabilitation. In those cases, seeking a TRP or applying for criminal rehabilitation is necessary.
Legal opinion letter
In addition to deemed rehabilitation, various other circumstances might exempt you from being deemed inadmissible to Canada despite a DUI or other charges on your record. For instance, if your DUI was expunged, or you received and successfully fulfilled conditions of ‘withheld’ or ‘deferred’ adjudication, your status might be different.
In such scenarios, consulting with an immigration lawyer is essential. They may assist you in crafting arguments in the form of a legal opinion letter that outlines the reasons you should not be labeled inadmissible due to your criminal history.
Schedule a Free Legal Consultation with the Cohen Immigration Law Firm
### Interview with Immigration Lawyer on DUI and Entry to Canada
**Interviewer:** Welcome to our show! Today, we have immigration lawyer Alex Turner with us to help clarify the complexities surrounding entering Canada with a DUI conviction. Thank you for joining us, Alex.
**Alex Turner:** Thank you for having me. It’s a vital topic, especially for anyone looking to visit or move to Canada.
**Interviewer:** Let’s dive right in. Can you explain how a DUI conviction can impact someone’s ability to enter Canada?
**Alex Turner:** Absolutely. In Canadian law, a DUI conviction is viewed as serious criminality, which can classify an individual as inadmissible. This means they could be denied entry, not only through formal channels like visas or eTAs but also at the border.
**Interviewer:** That must come as a shock to many. What options do individuals have if they find themselves in this situation?
**Alex Turner:** Individuals with a past DUI have a few options. They can apply for a Temporary Resident Permit (TRP) if they have compelling reasons to travel to Canada that outweigh the risks to public safety. Additionally, if at least five years have passed since completing their sentence, they might be eligible for Criminal Rehabilitation, which permanently resolves their inadmissibility.
**Interviewer:** It sounds like timing is crucial. What should someone do if they need to enter Canada soon?
**Alex Turner:** Definitely. For time-sensitive travel, applying for a TRP well in advance is essential, as processing can take several months. Applicants need to clearly justify their reasons for entering Canada, and success is ultimately at the discretion of the immigration officer.
**Interviewer:** And for those who may have been convicted a long time ago, is there still a chance for deemed rehabilitation?
**Alex Turner:** Yes, if a single, non-serious conviction occurred more than ten years ago, they may be deemed rehabilitated automatically, meaning they wouldn’t need to apply formally to enter Canada. It’s crucial for people to understand their status clearly.
**Interviewer:** Given these complexities, do you recommend that individuals seek legal counsel?
**Alex Turner:** Absolutely. Navigating Canadian immigration law, especially regarding prior criminal offences, can be daunting. Consulting with an experienced immigration lawyer can provide tailored guidance based on individual circumstances.
**Interviewer:** Thank you, Alex, for clarifying these important points. It sounds like it’s key to understand both one’s legal standing and options.
**Alex Turner:** It was my pleasure! I hope this information helps those looking to travel to Canada despite past offences.
**Interviewer:** For our viewers, remember to consult with legal experts if you have any concerns regarding your travel plans. Thank you for watching!
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