A common barrier to entry into Canada is prior criminal convictions that may seem insignificant to you as a traveler. One of the most recurring convictions among these is what is commonly referred to as driving under the influence (DUI), and can deal a significant blow to your travel arrangements, regardless of the duration or reason for your trip. Other ways such a charge might appear on your driving record are as follows:
Driving While Impaired (DWI)
Driving While Intoxicated (DWI)
Operating Under the Influence (OUI)
Wet and Reckless (W&R)
Reckless Driving, and
Driving Without Due Care and Attention
Regardless of the amount of time that has passed since your conviction, you may be deemed inadmissible to Canada due to Canada’s increased security concerns. Another factor that affects this situation is that offenses from other countries may be assessed based on their seriousness according to Canadian law.
Your remedies for being denied entry into Canada for a DUI offense are outlined below:
If your DUI offense occurred less than five years ago, you should apply for a Temporary Residence Permit. This allows you a stay in Canada for a period of up to three years. Allow for a processing time of 6-12 months and plan accordingly.
In 2012, the Government of Canada amended its rules to allow the issuing of Temporary Residence Permits to people with compelling or urgent reasons for entering the country.
If your DUI offense occurred more than five years ago, you are eligible to apply for a ‘Criminal Rehabilitation’ designation in order to permanently solve your inadmissibility issues. The duration for rehabilitation applications can be a year or more. You can apply for a TPR while a rehabilitation application is in process.
For DUI offenses over a decade old, you may be deemed rehabilitated by virtue of the time that has elapsed. This is, however, not set in stone, and you must always explore your options before making any travel arrangements.
If you require further information on how you can overcome your inadmissibility to Canada then feel free to contact us and will be happy to assist you with your matter.