An impaired driving conviction can negatively impact your ability to enter Canada, even if it was a long time ago and even if your visit is going to be short. Canada has strict immigration laws and they consider a conviction for impaired driving to be a serious criminal offense. There are ways to enter Canada with a DUI or other impaired driving conviction, but in most cases you will need to make an application in advance.
Applying for a Temporary Resident Permit (TRP)
A TRP is a document that allows someone to enter Canada for a specific purpose and duration. It can be a good option for people with a more recent DUI conviction, since becoming eligible for any other relief can take several years after your sentence is completed. In order to apply for a TRP you will need to provide a compelling reason for your trip to Canada and include thorough documentation, including legal and court documents related to your conviction.
Applying for Criminal Rehabilitation
This process is available for people with older impaired driving convictions who have completed their sentence over five years ago, and can show they have not offended in that time period. If approved, Criminal Rehabilitation permanently removes inadmissibility to Canada. The only reason one would need to reapply is if they reoffended.
Deemed Rehabilitation
You may be eligible for deemed rehabilitation if you only have one impaired driving offense and it happened before December 18, 2018, there was no bodily injury or property damage, you have no other convictions, and you completed all of the elements of your sentence over 10 years ago. If you meet these requirements you may not be required to apply for anything before traveling to Canada as your conviction can be automatically forgiven due to the passage of time. If your conviction was serious or if it happened on or after December 18, 2018 you will never be deemed rehabilitated and must make an application to overcome your inadmissibility.
Conclusion
In order to determine whether you are eligible for an application or for deemed rehabilitation it is important to consult with a Canadian immigration attorney who can advise you on what you need to do to enter Canada after an impaired driving conviction.
Schedule a Consultation with an Immigration Lawyer
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If you have questions regarding DUI Convictions and Traveling to Canada, 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 to 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.
