Maple News reports that having a prior conviction for driving under the influence (DUI) can make a person criminally inadmissible to Canada. This means individuals may be denied a visa, an Electronic Travel Authorization (eTA), or physically refused entry at the border by Canadian immigration officials.
If you have a DUI on your record and plan to travel to Canada, you must first resolve your inadmissibility. Attempting to enter the country while knowingly inadmissible may lead to further consequences, including being issued an exclusion order, which can prohibit you from re-entering Canada for a specified period.
To address inadmissibility, the first step is understanding how your DUI offense is treated under Canadian law. Immigration officers will convert your foreign offense into its Canadian equivalent and assess the severity based on Canada’s Criminal Code. They also take into account how many offenses are on your record, when they occurred, and whether charges are pending.
There are three primary legal pathways to overcome inadmissibility due to a DUI:
1. Apply for a Temporary Resident Permit (TRP): This can allow you to enter Canada for a specific period despite your inadmissibility. You’ll need to demonstrate a valid reason for travel and that your presence in Canada won’t pose a safety risk.
2. Request Deemed Rehabilitation: If enough time has passed since the end of your sentence—usually at least 10 years for a single non-serious offense—you may be eligible to enter Canada without a formal application. This approach is discretionary, and border officers make the final decision.
3. Apply for Criminal Rehabilitation: If it has been more than five years since you completed your sentence, you may apply for permanent resolution of your inadmissibility. Approval means your past conviction will no longer bar you from Canada.
Before taking any of these steps, it is essential to seek professional advice to establish eligibility and build a strong case. Preparing documents, understanding processing timelines, and presenting your situation clearly can help improve your chances of being granted entry.
Maple News emphasizes that understanding and navigating Canada’s rules around criminal inadmissibility is crucial for travelers with a DUI. Starting early and applying through the correct legal channels can turn an otherwise barred entry into a successful visit.