Can You Get Into Canada If You Have a DUI?

If you have a DUI conviction and are considering traveling to Canada, you may be wondering, can you get into Canada if you have a DUI? The short answer is that a DUI can make you inadmissible to Canada, as it is considered a serious criminal offense under Canadian immigration law. However, there are legal pathways available to overcome this obstacle and gain permission to enter Canada. 

Kozyrev Law has extensive experience in helping clients with DUI convictions successfully enter Canada, providing guidance on both temporary and permanent solutions. This guide explores Canada’s approach to DUI convictions, the options for overcoming inadmissibility, and the steps needed to achieve a successful entry. 

Why Canada Restricts Entry for DUI Convictions 

Canada treats DUI offenses very seriously. Unlike in some other countries where DUI is seen as a minor offense, Canada considers it a significant criminal issue. Canada’s strict stance on DUI is rooted in its commitment to public safety and strict immigration policies. 

Under Canada’s Immigration and Refugee Protection Act (IRPA), individuals with criminal convictions, including DUI, are deemed inadmissible. This means that even a single DUI can prevent a person from entering Canada unless they have obtained the necessary authorization to overcome their inadmissibility. 

Can You Get into Canada if You Have a DUI? 

By default, a DUI conviction makes a person criminally inadmissible to Canada. This means that border officers can refuse entry to anyone with a DUI conviction on their record, even if the offense occurred years ago and the individual has no further criminal history. The only exceptions to this rule are for individuals who have taken specific steps to overcome their inadmissibility.

It’s essential to understand that Canadian authorities have access to U.S. criminal databases, allowing them to view DUI convictions of American travelers and flag them during border entry checks. Therefore, attempting to enter Canada without addressing the DUI can result in being turned away at the border. 

Temporary Solutions for Entry: Temporary Resident Permit (TRP) 

One of the options for entering Canada with a DUI is to apply for a Temporary Resident Permit (TRP). A TRP is a temporary solution that allows someone who is otherwise inadmissible to enter Canada for a specified period, typically for specific purposes such as work, family visits, or tourism. 

What is a Temporary Resident Permit (TRP)?

A TRP is a special permit that grants entry to Canada for individuals with inadmissibility issues, including DUI convictions. It allows the individual to enter Canada for a limited period, usually up to three years, depending on the reason for entry and the applicant’s situation. 

Eligibility for a Temporary Resident Permit

To qualify for a TRP, applicants must demonstrate a valid reason for entering Canada, such as attending a family event, pursuing employment, or other justifiable purposes. They must also show that the benefits of their entry outweigh the risks to Canadian society. 

Application Process for a Temporary Resident Permit

The application for a TRP can be submitted either at a Canadian consulate (recommended for first-time applicants) or at the border. The processing time varies, but it’s generally recommended to apply well in advance to avoid delays. 

Cost of a Temporary Resident Permit

The Immigration fee for a TRP application paid to IRCC is CAD $200, non-refundable. Kozyrev Law can help assess your eligibility for a TRP, provide you with an adequate quote, and guide you through the application process to improve your chances of approval. 

Permanent Solutions for Entry: Criminal Rehabilitation

A more permanent solution for overcoming inadmissibility due to a DUI is to apply for Criminal Rehabilitation. This process is available to individuals who have completed their sentence at least five years prior and wish to permanently resolve their inadmissibility. 

What is Criminal Rehabilitation?

Criminal Rehabilitation is a program that allows individuals with past convictions to be deemed rehabilitated by the Canadian government, effectively removing their inadmissibility status for that conviction. Once approved, the applicant can enter Canada without requiring a TRP for future visits.

Eligibility for Criminal Rehabilitation

To qualify for Criminal Rehabilitation, the applicant’s sentence, including probation, fines, or license suspensions, must have been completed at least five years ago. The applicant must also demonstrate they have been rehabilitated and are unlikely to re-offend. 

Application Process for Criminal Rehabilitation

The Criminal Rehabilitation application involves submitting detailed documentation about the offense, evidence of good character, and proof that the applicant has maintained a clean record since the DUI. The application fee is CAD 200 paid to the IRCC for a non-serious criminal offense (like most DUI cases) and CAD 1,000 for serious criminal offenses paid to IRCC.

Kozyrev Law can assist in preparing a Criminal Rehabilitation application, helping clients gather the necessary documents and providing legal representation to maximize the likelihood of approval. Kozyrev Law P.C. Will provide a quote before commencing work on your case. 

Deemed Rehabilitation: When a DUI is Old Enough to Be Overlooked

In some cases, individuals may be considered Deemed Rehabilitated and allowed entry without needing a TRP or Criminal Rehabilitation. Deemed Rehabilitation applies to those who meet specific criteria, such as having a single DUI conviction that is over ten years old and where the equivalent Canadian offense would be classified as “non-serious.” 

Criteria for Deemed Rehabilitation

• The DUI conviction is at least ten years old. 
• No additional criminal convictions have been recorded since the DUI. 
• The DUI offense would be considered non-serious under Canadian law. 

If you meet these criteria, you may be able to enter Canada without special permits, as Canadian authorities might deem you rehabilitated. However, verifying this status with a legal professional, such as those at Kozyrev Law, is recommended to avoid complications at the border. 

Steps to Take Before Applying for Entry

If you plan to apply for a TRP, Criminal Rehabilitation, or rely on Deemed Rehabilitation, there are essential steps to prepare: 

1. Gather Documentation: Obtain court records, police certificates, and any documents related to your DUI conviction and sentence. 
2. Demonstrate Good Character: Collect evidence showing your commitment to rehabilitation, such as completion of DUI programs or character references. 
3. Consult a Legal Professional: Seek legal advice to assess your eligibility for entry options and ensure your documentation is complete. 

Kozyrev Law provides detailed guidance on the documentation and processes required for successful entry applications. 

The Consequences of Attempting to Enter Canada Without Authorization

Attempting to enter Canada without addressing a DUI conviction can result in significant consequences. Border officers have the authority to deny entry, which could lead to additional scrutiny in future attempts to enter Canada. Attempting to enter without authorization may also complicate future applications for TRPs or Criminal Rehabilitation. 

For individuals with a DUI, entering Canada requires navigating strict immigration laws and obtaining authorization through a TRP, Criminal Rehabilitation, or Deemed Rehabilitation. With proper documentation and legal guidance, it’s possible to overcome inadmissibility and travel to Canada successfully. Kozyrev Law is here to help you understand your options and guide you through each step, ensuring you have the best chance of a positive outcome.