What you can do if you have a DUI and wish to enter Canada

A DUI conviction may render you inadmissible to Canada; however, there are ways to overcome this issue.

Whether you intend to visit, study, work, or immigrate, it’s essential to resolve any admissibility concerns before starting your journey.

In 2018, Canada strengthened DUI laws when marijuana was legalized, aiming to deter impaired driving.

Canada assesses foreign criminal history by equating it to Canadian law. On December 18, 2018, the maximum punishment for a DUI was increased from five to 10 years in prison. DUI is classified as a “hybrid offence” in Canada, meaning it can be prosecuted either summarily or by indictment, with the latter being more severe.

Under Canadian immigration law, hybrid offences are treated as indictable (serious) rather than summary. Therefore, if a person was convicted of DUI abroad on or after December 2018, Canada considers it an indictable offence. In theory, this could result in permanent inadmissibility due to serious criminality. However, there may be options available to those seeking entry into Canada with a DUI.

Temporary Resident Permits (TRP)

If you’re inadmissible but have a compelling reason to visit Canada, you might be able to cross the border with a Temporary Resident Permit (TRP). Valid reasons might include coming for work, attending business events, or significant family gatherings such as a funeral or wedding.

TRPs are usually valid only for the duration of your stay in Canada, and you must either leave by the permit’s expiry date or renew it before it lapses. Approval depends on whether officials determine that your reason to enter Canada outweighs any potential risk to society. There are no guarantees for approval, as officers have the authority to revoke a TRP at any time. Additionally, a TRP becomes invalid once you leave Canada, unless you have specific pre-authorization.

A TRP is necessary to enter Canada if you’ve committed a serious offense like driving while impaired, but it is a temporary solution only.

Criminal Rehabilitation

If more than five but less than 10 years have passed since you completed your sentence, you may be eligible for Criminal Rehabilitation. Once approved, your past conviction is cleared, and you can enter and exit Canada without barriers related to the offense—assuming no other offenses are committed.

If 10 years or more have passed since you completed your DUI sentence, you may be deemed rehabilitated simply by the passage of time, provided your offense was single and non-serious. However, because DUI is now considered a serious offense in Canada, it no longer qualifies for automatic rehabilitation after 10 years. If you were deemed rehabilitated before December 2018, you may still be permitted entry, but it’s wise to consult a lawyer before attempting to cross the border with a DUI.

Legal Opinion Letter

If you have a pending DUI charge with no prior criminal history, this doesn’t automatically render you inadmissible to Canada. Canadian immigration officers have discretion to consider benefits and risks when allowing entry. A Legal Opinion Letter from a Canadian immigration lawyer can be helpful if you’re seeking entry with a pending charge, as it can clarify case details and explain why you should not be considered inadmissible under Canadian law.

Contact us today to schedule a consultation and take the first step towards your success.

Get in touch now with Esse india immigration for more information.

For such more blogs click on : esseindia.in

CONTACT US NOW : https://apply.esseindia.com