Maple News reports that individuals with a DUI (Driving Under the Influence) conviction may face challenges entering Canada due to the country’s strict inadmissibility laws. Canadian immigration law classifies even a single DUI conviction as ‘serious criminality’ following a 2018 legislative change that increased the maximum penalty for DUI from five to ten years of imprisonment. This classification can result in a lifetime ban from entering the country, although there are established pathways for overcoming such barriers.
Each case is assessed individually, with immigration authorities considering factors like the nature of the offense, its severity, how many times it occurred, and how long ago the sentence was completed. Even if many years have passed, a DUI record may still appear during a border check. Therefore, it’s crucial for travelers to plan ahead and explore their options.
There are three main avenues for individuals seeking to enter Canada with a past DUI conviction: applying for a Temporary Resident Permit (TRP), seeking Criminal Rehabilitation, or obtaining a Legal Opinion Letter.
A Temporary Resident Permit is suitable for those who completed their sentence less than five years ago. It allows temporary entry into Canada for a specified duration—usually up to three years—if Immigration, Refugees and Citizenship Canada (IRCC) is convinced that the person does not pose a risk to the public and has a legitimate reason for visiting. Applications for TRPs are assessed on a discretionary basis, making the strength of the application crucial.
Criminal Rehabilitation offers a more permanent solution. This option becomes available five years after the completion of the DUI sentence. If approved, the conviction no longer affects one’s admissibility to Canada, provided no further offenses are committed. Those who completed their sentence more than ten years ago may be ‘deemed rehabilitated’ automatically if the conviction was isolated and non-serious.
For individuals currently facing DUI charges but with no prior convictions, a Legal Opinion Letter from a Canadian immigration lawyer can help clarify to border officials why the individual does not pose a threat and should be allowed entry. While not a guarantee, this letter can significantly improve the chances of a positive decision by the Canada Border Services Agency (CBSA).
According to Maple News, careful documentation, legal consultation, and strategic planning are key to navigating DUI-related immigration issues. Although a past offense can complicate cross-border travel, Canada provides multiple legal pathways for overcoming inadmissibility.