CIES | 03-December-2019
When you have a DUI, DWI, or a reckless driving charge from decades in the past, you may face trouble crossing the border into Canada.
This is due to an immigration principle known as criminal inadmissibility.
What is Inadmissibility
Inadmissibility does mean that a person is thought to be a danger to public safety if they were to enter Canada. When a person is recognized be inadmissible, they will likely be denied entry to Canada.
It may cause headaches at the border for business travellers and people who have offenses on their record from many years in the past. This includes drunk driving offenses like DUIs.
For the offense to make a person inadmissible, there must be an equivalent law in Canada to the one committed in another country. The equivalent law for DUI is found in Section 253 of the Criminal Code of Canada.
You may be guessing that how can the entry in Canada possible in DUI. Yes, there are ways to overcome inadmissibility. You may find multiple options that will allow you to travel to Canada with a DUI. The first one is a Temporary Resident Permit (TRP). If it has been less than 5 years since you have completed all terms of your sentence, or you have more than one DUI conviction, you may go to apply for this permit. It will permit you to legally enter Canada for a predetermined amount of time.
You must prove that your presence in Canada has more benefits than risks as part of a TRP application. So, it’s often issued to people travelling to the country for business that will benefit Canadians. When you need to travel to Canada for business and have a DUI, it’s a great option for you.
Other thing to opt is Criminal Rehabilitation. It will erase up your criminal record clean for Canadian immigration purposes. You may apply for Criminal Rehabilitation when 5 years or more have passed since you completed all terms of your sentence. Here you have to project that you have turned your life around and are unlikely to commit another offense.
You don’t need to apply to receive Criminal Rehabilitation when it has been at least 10 years since you’ve completed the terms of your sentence, and you only have one DUI conviction. Here, you may have received “deemed rehabilitation”. It does mean that your record has been cleared by the passage of time. When you are under such a circumstances, it may be in your best interests to get a legal opinion letter from a Canadian immigration lawyer to give border officers some proof that you are not inadmissible. As like TRP applications, you don’t have to prove that your trip to Canada will bring a good benefit to Canada for Criminal Rehabilitation
You need to ensure that Canadian DUI laws have recently been updated. Impaired driving is a “serious offence” as per now. Due to this , DUIs committed after the new law takes effect will not be eligible for deemed rehabilitation. However, you are still applicable to receive a TRP or apply for rehabilitation.
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