Canada takes impaired driving offenses very seriously. If you have a DUI on your record, it can make you criminally inadmissible, preventing you from entering the country. However, your options depend largely on when your DUI occurred and whether you’re eligible for rehabilitation or a temporary resident permit (TRP).
Here’s what you need to know – and how to fix it.
DUI Before December 18, 2018: You May Be Deemed Rehabilitated
If your DUI occurred before December 18, 2018, and it was your only offense, you may be eligible for deemed rehabilitation. To qualify:
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10 years must have passed since all sentences were completed, including fines, probation, and any license suspensions.
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You must not have committed any additional offenses.
If you meet these criteria, you may not need to apply for special permission, you could be allowed entry to Canada without additional documentation. However, border officers have discretion, so it’s best to carry documentation proving your eligibility.
DUI After December 18, 2018: You Must Apply
In 2018, Canada reclassified DUI as a serious criminal offense. As a result, any conviction after December 18, 2018 makes you permanently inadmissible without the possibility of deemed rehabilitation.
To overcome this, you must make an application. There are two main options:
Option 1: Apply for Criminal Rehabilitation
This is a permanent solution that removes inadmissibility if approved. You’re eligible to apply when:
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At least 5 years have passed since completing all elements of your sentence.
Because this application can take a year or more to process, it’s important to plan well in advance.
Option 2: Apply for a Temporary Resident Permit (TRP)
If you need to travel to Canada sooner, a TRP can be a short-term solution. You can apply for a TRP at any time, regardless of when your DUI occurred. However, you must demonstrate that:
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Your reason for travel is significant (e.g., work, family, or emergency),
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The need to enter Canada outweighs the seriousness of your offense and the risk of reoffending.
TRP processing at a consulate can take several months, so for urgent travel, you may need to apply directly at the border. Note that border officers have discretion to approve or deny your application on the spot.
Conclusion
The timeline and process for reentering Canada after a DUI depend on when the offense occurred. A DUI before December 18, 2018, may qualify you for deemed rehabilitation, but any DUI after that date requires a formal application—either for Criminal Rehabilitation or a Temporary Resident Permit.
Understanding your eligibility and starting the application process early is key. With the right approach and documentation, you can overcome inadmissibility and legally return to Canada.
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.
