How to enter Canada if Convicted or Charged for DUI: If you have had a drunk driving or DUI before, you may have a problem entering Canada.
Canada has enacted strict drunk driving legislation. These were further strengthened in 2018 when cannabis was legalized. This doubled the maximum sentence for drunk driving from five to ten years in prison. As a result, drunk driving is now a serious crime under Canadian immigration law. In theory, serious crimes could be a reason for a permanent ban on entry into Canada. In fact, there are three ways to overcome drunk driving and enter Canada.
DUI ENTRY
In Canada, regardless of drunk driving, you may be admitted based on the type of crime, frequency of crime, severity, and sentence. Even if you commit a crime many years ago, it can still appear in your files by the time you reach the Canadian border. Therefore, it is advisable to plan in advance. There are three options:
- Applying for a Temporary Permit (TRP),
- Criminal rehabilitation, and
- Obtaining a legal opinion
Temporary Permit (TRP)
If you got sentenced to drunk driving (DUI) for less than 5 years, you need to apply for a Temporary Permit (TRP). If approved, the TRP is valid for up to 3 years.
Canada Immigration, Refugees, and Citizenship (IRCC) must be provided with a compelling reason to enter Canada. The IRCC needs to make sure that you are not threatening the Canadian people. The decision-making process is subjective and requires a well-prepared and compelling TRP application.
Criminal Rehabilitation for DUI Entry
If you have been sentenced to drunk driving for more than 5 years and less than 10 years, you may be eligible for criminal rehabilitation. Once your application is approved, your criminal record will no longer prevent you from re-entering Canada. It is valid unless you commit another crime.
More than 10 years have passed since the conviction, and it can be considered that rehabilitation has been performed over time. As with criminal rehabilitation, the blackboard will be erased and you will be able to enter Canada as long as you do not commit other crimes in the future. This solution is only possible if the file has a single non-critical belief.
Legal Opinion Letter
You should be able to enter Canada even if you are currently charged with drunk driving but have no criminal record. However, Canada Border Services Agency (CBSA) officials have discretion in these cases and weigh the benefits and risks of entering Canada. Obtaining a legal opinion from a Canadian immigration lawyer will help you enter Canada if your claim is pending. Lawyers can explain to the CBSA why they are allowed to enter Canada
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We hope that you liked our article on How to enter Canada if Convicted or Charged for DUI before. In case you have any queries related to the immigration process to Canada, please feel free to contact us. Our best immigration lawyers in Canada will assess your profile and give you the best suitable option.