Canada has strict entry requirements when it comes to criminal history, especially DUI (Driving Under the Influence) convictions. If you’ve been denied entry at the border due to a past DUI, don’t lose hope, there are pathways to gain approval for future travel. This guide outlines the key steps to determine your eligibility and successfully apply for reentry.
Step 1: Determine If You’re Deemed Rehabilitated
Before submitting any application, find out whether you are deemed rehabilitated. You may be considered rehabilitated by Canadian immigration authorities if:
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More than 10 years have passed since the completion of your entire sentence, including any probation or license suspension.
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You have only one non-serious offense on your record.
If you meet these criteria, you might not need to apply at all. However, it’s always best to consult with a legal expert or immigration consultant to confirm your status.
Step 2: Decide Between a TRP or Criminal Rehabilitation Application
If you are not deemed rehabilitated, you’ll need to make a formal application to enter Canada. There are two main options:
Temporary Resident Permit (TRP)
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Suitable if you need to travel to Canada soon (within the next 12 months).
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Can be issued for a single entry or multiple entries depending on your situation.
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Requires a valid reason for travel and supporting documentation.
Criminal Rehabilitation
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Ideal if more than 5 years have passed since the completion of your sentence.
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This is a permanent solution, once approved, you no longer need special permission to enter Canada for your DUI.
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Note: The process can take 12 months or longer, so plan well in advance.
Step 3: Gather Your Documents
A strong application to the Canadian consulate includes:
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Court disposition documents related to your DUI charge.
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Police background checks from all relevant jurisdictions.
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Proof of rehabilitation, such as character references, employment history, or substance abuse treatment (if applicable).
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Travel documentation if applying for a TRP (e.g., flight details, hotel bookings, event invitations).
Accuracy and completeness are essential. Any missing or unclear documents can lead to delays or rejections.
Step 4: Submit and Await a Decision
After submitting your application to the appropriate Canadian visa office or consulate, you’ll need to wait for a decision:
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If applying for Criminal Rehabilitation, you’ll receive an approval letter to present at the border on your next trip.
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If granted a TRP, the Canadian Border Services Agency (CBSA) will issue your permit upon arrival in Canada.
Conclusion
Being denied entry to Canada due to a DUI doesn’t mean the door is permanently closed. With the right information and a well-prepared application, you can overcome inadmissibility and travel to Canada legally. Whether you apply for a TRP or Criminal Rehabilitation, knowing your options is the first step toward a successful visit.
Schedule a Consultation with an Immigration Lawyer
We Can Help!
You may have questions regarding entry to Canada with a DUI. We invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
