Flag of Canada Location map of Canada Destination Canada, the second largest country in the world occupies most of the northern part of North Americacovering the vast land area from the United States in south to the Arctic Circle in the north. It is a country of enormous distances and rich natural resources.
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Unfortunately, getting into Canada with a DUI is not as simple as showing up at the border with a valid United States passport. If you have ever been arrested Canada my canada convicted for driving under the influence of drugs or alcohol, regardless of whether it was a misdemeanor or felony offense, you may be criminally inadmissible to Canada and denied entry.
Regardless of whether or not you have any intention to drive while in the country, a DUI including civil infractions and "Actual Physical Control DUI" violations can cause you to get turned away at the border and can impede your eligibility across all Canadian immigration programs.
To overcome criminal inadmissibility to Canada, a person must correctly apply for and then successfully receive permission from Canadian legal authorities to visit the country. Unfortunately, getting permission to enter Canada can be a highly complex legal process that could easily overwhelm someone without professional assistance.
Temporary Solution The first option is a Temporary Resident Permit TRPwhich lets a person enter or stay in Canada for a specific period of time provided they have a valid reason to visit. A Canada TRP can take a while to obtain, so it is best to apply well in advance of your intended travel date.
Permanent Solution The second option is Criminal Rehabilitation, which is an application process whereby a person petitions Canada immigration authorities to forgive their prior DUI conviction. To be eligible to apply for Criminal Rehab, five years must have passed since the completion of your sentence which includes payment of fines, driving courses, community service, probation, and any other conditions which may have been imposed on you.
Successfully completing the Streamlined Rehabilitation process gives an individual a fresh start and allows them to enter Canada freely again. Unlike a Temporary Resident Permit, which is only good for a fixed amount of time, a Rehabilitation document never needs to be renewed.
Whether traveling for business or pleasure, the peace of mind and convenience of being able to go to Canada without worrying about being denied entry makes this solution especially attractive to Canada my canada individuals.
Deemed Rehabilitation You may be deemed rehabilitated under Canadian immigration law if you only have a single DUI conviction that is a misdemeanor, and enough time has passed since completion of your full sentence which includes jail time, probation, reinstatement of license, and payment of all fines.
If it has been more than ten years since the completion of your sentence, and you have nothing else on your criminal record, Canadian immigration authorities may disregard your prior DUI conviction and allow you to visit the country.
It is advisable that even if you may be deemed rehabilitated by the simple passage of time you have a legal opinion letter prepared to explain the exact situation to Canadian immigration authorities.
To maximize your chances of admissibility into Canada, it is important to talk to a knowledgeable immigration lawyer who can help you take the necessary steps before and during your Canadian immigration application to have the highest possible chance of being approved for entry.
Why risk having to explain to friends, family, and co-workers why you were denied entry to Canada? Our Canada immigration lawyer has extensive experience helping Americans overcome criminal inadmissibility issues so they can successfully travel to Canada with a DUI.
Let us take care of the hard work for you; we are excellent at this! Contact our team today for a free consultation! In Canada, indictable offenses are considered serious criminality while summary offenses are considered less serious.
If an American wants to visit Canada but has ever committed an act that could be considered an indictable offense in Canada, they may be classified as criminally inadmissible. In Canada, driving under the influence of alcohol is a hybrid offense, which means it can constitute a summary offense or an indictable offense depending on the situation and how the prosecutor wishes to proceed.
Although most DUIs in Canada are summary offenses, the potential for one to be an indictable offense makes driving under the influence a potentially excludable act for foreign nationals. In fact, even a not guilty verdict acquittal may sporadically help cause a US resident to be rejected at the Canadian border since the original DUI arrest will still be visible to border staff and the visitor may need to prove his or her admissibility.
For this reason, many Americans are stuck researching "DUI Canada entry" on the Internet only to learn one of the potential consequences of a having a criminal record is inadmissibility to Canada without Rehabilitation or a TRP.
Because Canadian immigration regulations view DUIs as a potentially serious offense, a single impaired driving charge in the United States can bar a person from visiting Canada for over ten years, even if it was only a misdemeanor.
Even after pleading a DUI down to a minor charge such as dangerous or reckless driving, an American may still not be eligible to cross the Canadian border without risk of entrance denial. When determining eligibility to travel to Canada, it is not the status or seriousness of the crime in the USA that matters; it is what the crime equates to under Canadian law.
According to this Act, a pending DUI charge is treated as "under indictment" and potentially excludes the person from entry. Even a reduced DUI charge does not guarantee smooth sailing when entering Canada. The reduction of charges from drinking and driving to some lesser charge such as reckless driving can still cause you to be denied entry at the Canadian border depending on the exact wording of your plea agreement.
If you have any criminal record at all; a bounced check, a fishing violation, uttering a death threat, a poaching charge, even a couple citations for simple possession of a small amount of weed, you might not be admitted to Canada.
Your DUI also does not have to be alcohol related in order for the border to deny entry for criminality. People are frequently charged with driving while intoxicated because they were on prescription medication such as painkillers or medical marijuana.
You can be charged for driving under the influence of drugs regardless of whether or not the drug is legal. Even if you have been prescribed medicine by a doctor, if the substance "could affect the nervous system, brain, or muscles of a person as to impair" it is illegal to be operating a motor vehicle while on it.
Consequently, it is possible to get a DUI by driving while on prescribed drugs that can impair, and a criminal conviction of this type can mean a person is no longer welcome in Canada without special permission.
If you were charged with boating under the influence of alcohol, or even some obscure charge such as operating a motorized lawn mower while intoxicated, your ability to travel to Canada can also be effected.
A person with an impaired driving record may still be inadmissible to cross the border into Canada even if they will not be driving a car, truck, motorcycle, boat, airplane, or any other motor vehicle during their visit.
Some people who are criminally inadmissible due to DWI think that if they fly into Canada and do not intend to drive while in the country they will be granted entry without a problem.
Canadian immigration regulations do not distinguish whether a person intends to drive while visiting or not. Consequently, foreign nationals may require Criminal Rehabilitation or a TRP in order to travel to Canada with a DUI appearing in their criminal history, regardless of their intended transportation plans once in the country.Please Login.
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